New York Business Questions & Legal Answers

350 legal questions have been posted about business law by real users in New York. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include business formation, business litigation, and business planning. All topics and other states can be accessed in the dropdowns below.

Recent Legal Answers

If my family member who resides in the UK, wants to register a new online business (LLC), that will operate in the US, how would they go about doing t

Answered 9 years and 8 months ago by attorney Sharon M. Siegel | 1 Answer | Legal Topics: Business

I am confused. How does a pure "online" business operate in the US, if someone from the UK is operating it from the UK? To form a NY LLC you do not need a tax ID number. To get a tax ID number for the LLC, the principal must have a tax ID number. Anyone can get one. Even illegal aliens are in theory supposed to pay taxes. With the H1b, you cannot work for this business, as your work is for a specific purpose. You can use your tax ID to get a tax ID, but you cannot get income from the business.... Read More

I am confused. How does a pure "online" business operate in the US, if someone from the UK is operating it from the UK? To form a NY LLC... Read More

How do I go about handing car loan fraud?

Answered 9 years and 8 months ago by attorney Sharon M. Siegel | 1 Answer | Legal Topics: Business

If everyone agrees the interest rate was an error, it should be able to be recalclated and corrected. If the paperwork says 12%, then that is a bigger problem. What does her copy of the loan papers say?

If everyone agrees the interest rate was an error, it should be able to be recalclated and corrected. If the paperwork says 12%, then that is a... Read More

My ex employer is refusing to pay me for the hours I worked. They are not answering my texts and claims that I am lying. I have proof that I worked.

Answered 9 years and 8 months ago by attorney Sharon M. Siegel | 1 Answer | Legal Topics: Business

You did the right thing with the department of labor. In theory you could sue. There are some employment lawyers that do this on contingency and fees are required to be paid under Federal law, but it depends on your proof.

You did the right thing with the department of labor. In theory you could sue. There are some employment lawyers that do this on... Read More

Retail business putting a grill in the store and venting out in my yard

Answered 9 years and 8 months ago by attorney Sharon M. Siegel | 1 Answer | Legal Topics: Business

Yes. You can sue for nuisance.

4 cks reproduced. signature not even close to mine, and chase paid out funds $1135.00

Answered 9 years and 9 months ago by attorney Sharon M. Siegel | 2 Answers | Legal Topics: Business

You are supposed to watch your statements, and claim fraud within a certain time of getting a statement. If you did not, Chase is right. The bank does not look at signatures. No bank does.

You are supposed to watch your statements, and claim fraud within a certain time of getting a statement. If you did not, Chase is right. ... Read More

Hi. We created an LLC in 2013 (3 siblings of 4) for the purpose of obtaining a loan. We selling now, and want to add 4th sibling. How?

Answered 9 years and 9 months ago by attorney Sharon M. Siegel | 2 Answers | Legal Topics: Business

If it is real estate, all LLC members are disclosed on the transfer tax form, and will be liable for the gains. You can give the cash any way you want. Your accountant is telling you that if the fourth person is not listed as a member at closing, you will be paying their tax.

If it is real estate, all LLC members are disclosed on the transfer tax form, and will be liable for the gains. You can give the cash any way... Read More

how do i take a guy in another state to small claims court

Answered 9 years and 9 months ago by attorney Sharon M. Siegel | 1 Answer | Legal Topics: Business

If you charged the purchase, do a chargeback ASAP. There are strict deadlines for this. Call the credit card company to initiate it. In theory, you can get a judgment in small claims court here, as the products were shipped here, conferring NY jurisdiction. However, it will cost you much more to do the suit here, prove the defects at a trial, even if he does not show, and then docket the judgment in Maine.... Read More

If you charged the purchase, do a chargeback ASAP. There are strict deadlines for this. Call the credit card company to initiate... Read More

What type of business do I have

Answered 9 years and 9 months ago by Maria Patrizia Zucaro (Unclaimed Profile) | 1 Answer | Legal Topics: Business

More information is needed about what kind of business entity/protection you want in order to advise you. Typically, LLCs are a standard business entity to create because of the limited liability protection it offers; however, there are certain filing requirements and costs associated with creating an LLC. As an LLC you can still be the sole member and LLCs are easily added to your personal tax returns. Further, establishing a DBA is rather simple - it is just a form that you send to the Secretary of State once the other paperwork items have been completed.... Read More

More information is needed about what kind of business entity/protection you want in order to advise you. Typically, LLCs are a standard... Read More

Which DBA form do I need to file?

Answered 9 years and 9 months ago by attorney Sharon M. Siegel | 1 Answer | Legal Topics: Business

You need to register the DBA with the secretary of state and file a certificate with the county clerk. For a few hundred dollars a lawyer could work this out.

You need to register the DBA with the secretary of state and file a certificate with the county clerk. For a few hundred dollars a lawyer could... Read More

Businesses:"Ear Candie" (retails)& "Ear Candee"(only online). Same name, different spelling, Same category, diff. state. Is the trademark/name safe?

Answered 9 years and 9 months ago by attorney Bruce Robins | 1 Answer | Legal Topics: Business

I'm not an expert in intellectual property law, but it seems pretty clear to me that the changed spelling will do little to improve your position. The question is whether the similarity in name may lead to consumer confusion, i.e. will consumers dealing with "ear candee" know that they are dealing with a different company than "ear candie". Again, I'm not an expert, but I think you'd have a big problem.... Read More

I'm not an expert in intellectual property law, but it seems pretty clear to me that the changed spelling will do little to improve your... Read More

is this grounds for legal action or not

Answered 9 years and 9 months ago by attorney Bruce Robins | 1 Answer | Legal Topics: Business

What you're describing may not be fair, but that doesn't mean that it is illegal. An employer can't discriminate on the basis of race, gender, religion, etc., but as long as the discrimination is not based on some such statutorily prohibited basis, and unless it is bound by some contractual restriction (e.g. a contractual provision that an employee will be paid at least as much as anyone else in the same position), an employer can pay its employees whatever the two of them agree to, as long as it doesn't violate minimum wage laws. It may not be fair that Alex Rodrigues is being paid much more than Didi Gregorious, but it is legal.... Read More

What you're describing may not be fair, but that doesn't mean that it is illegal. An employer can't discriminate on the basis of race, gender,... Read More

What is my liability as a partner of a LLC or S-Corp?

Answered 9 years and 10 months ago by attorney Sharon M. Siegel | 1 Answer | Legal Topics: Business

Your personal liability is not different in a corporation or an LLC. S or C corporation is a tax election with no bearing on these issues. Your liability will be governed by your agreement with your partner. Banks might require personal guaranties, but your personal liability would come from the guaranty, and not the corporation or LLC structure.... Read More

Your personal liability is not different in a corporation or an LLC. S or C corporation is a tax election with no bearing on these... Read More

I need to transfer the ownership of my NY single member LLC. What is needed?

Answered 9 years and 10 months ago by attorney Sharon M. Siegel | 1 Answer | Legal Topics: Business

The book of membership certificates, and a filing with the secretary of state.

burden of proof?

Answered 9 years and 10 months ago by Maria Patrizia Zucaro (Unclaimed Profile) | 1 Answer | Legal Topics: Business

Burden of Proof means that the burden of producing evidence to justify a claim or defense lies with the party that has the burden. For example, in criminal law, it is the prosecutor's burden to prove beyond a reasonable doubt that the defendant is guilty. In order to explain more about the producer's or the consumer's burden of proof - more information about the circumstances is necessary.... Read More

Burden of Proof means that the burden of producing evidence to justify a claim or defense lies with the party that has the burden. For example,... Read More

If I solicit sponsors for an event, the primary purpose of which is product sales, can I legally offer a % of sales to sponsors without law violation?

Answered 9 years and 10 months ago by attorney Sharon M. Siegel | 1 Answer | Legal Topics: Business

There is no problem with this as long as the transactions are reported to the IRS with a 1099 form.

I'm being threatened of my equipment being reposed from a company after I been making payments on it, they want full payment otherwise the confiscatin

Answered 9 years and 11 months ago by attorney Sharon M. Siegel | 1 Answer | Legal Topics: Business

It depends on your lease agreement. I am not sure what they claim you violated, and what the agreement says. They cannot enter your premises without a court order, so try to resolve this dispute.

It depends on your lease agreement. I am not sure what they claim you violated, and what the agreement says. They cannot enter your... Read More

I want to lead my son money to purchase a business, is there a way for me to have something drawn up attaching his house in case he doesn't pay

Answered 9 years and 11 months ago by attorney Bruce Robins | 1 Answer | Legal Topics: Business

Yes, there are various methods by which the house can be used to secure repayment of the loan. However, if he already has a mortgage or other lien on the house, your interest would be subordinate to prior lienors, meaning that if your son doesn't have enough equity to pay prior lienors (such as a morgagee), you may still be at risk.... Read More

Yes, there are various methods by which the house can be used to secure repayment of the loan. However, if he already has a mortgage or other... Read More

Can I enforce an English judgment in US?

Answered 10 years and a month ago by attorney Bruce Robins | 1 Answer | Legal Topics: Business

Yes, but you have to domesticate the judgment, i.e. convert it into a New York judgment, just as you have to domesticate any judgment from another state. The process for doing so is not that complicated if the case out of which the judgment arose was defended. If the judgment was on default, you would have to start a new lawsuit in the US, but the judgment would be conclusive unless the defendant can show that the English court lacked jurisdiction over him/her/it.... Read More

Yes, but you have to domesticate the judgment, i.e. convert it into a New York judgment, just as you have to domesticate any judgment from another... Read More