Legal Question in Business Law in New York

how do i change business structure from sole proprietor to llc in nys?


Asked on 12/03/10, 9:24 am

3 Answers from Attorneys

Steve Brodsky Esq. CheapNewYorkLLC.com

You must file Articles of Organization and complete the other necessary steps (i.e. operating agreement).

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Answered on 12/08/10, 9:26 am
Roman Fichman Esq. Law Practice of Roman Fichman Esq.

To further clarify: a sole proprietor is not a business structure. What you are looking to do is to create a new entity which will be a limited liability company (LLC). Please be advised that in New York State LLCs must publish which could be an expensive proposition. You should also consider starting a s-corp which provides the same tax benefits and limited liability and is not subject to the publication requirements.

Roman R. Fichman, Esq..

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Answered on 12/08/10, 9:40 am
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I agree with the other attorney answers and only add this. You should talk to a CPA about the tax consequences of transferring sole proprietor assets to another entity, like an LLC or Corporation, as this may (and probably will) influence how the transaction is structured. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 12/08/10, 11:08 am


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