Legal Question in Business Law in New York

Re: Llc

Each entity has its own benefits and drawbacks. I would need more information in order to give you proper guidance on what entity may be the best fit for you given your goals. Please contact my office if we can be of any assistance in this matter.

Re: Llc

Mr. Hoyt is absolutely right! But my bet would be the LLC. However a major draw back of using an LLC in NY is the publication requirement, which is bogus nonsense, but unfortunately the law. However, if your are not doing business in NY (ie, selling goods there) an option would be a Delaware LLC. If on the other hand you are doing business in NY, then an S corp would initially be less expensive and give you the same tax benefits of an LLC. If you have any questions you can give me a call using Skype (if you have it, if not sign up). I am currently in Brazil doing some work, but would be glad to speak with you. Or send me an email. Go to www.fidelisgroupco.com for all our contact information. Good luck with your business.

Rgs,

Robert

Re: Llc

I'll add to Mr. DiPaolo's response that an LLC should be entered into ONLY if the owner FULLY understands that LLCs are very, very new in the law and the protection they offer does NOT cross state lines well. If the business owner does business across state lines and wants the protection of the corporate veil in all jurisdictions, an S-corp would be something worth strongly considering.

I'll also add that, while it is quite true that a business is perfectly entitled to form in any state the owner chooses, the business is subject to lawsuit in the state of formation as well as in the state in which the principal place of business ("PPB") sits. If a small business (say, a mom-and-pop shop) decides to incorporate in a state not where its PPB sits, that business owner had better be prepared to defend a lawsuit in the state of formation AS WELL AS in the state where the PPB sits.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

Re: Llc

It is mainly tax differences that would probably affect your decision, you may want to seek the advice of your accountant on that issue. Another matter you may wish to consider is the filing of trademarks to protect your name and logo (if you have one)Issues like these, regarding business startups, including both Incorporating and Trademarks are our specialties, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

Law Offices of

STEVEN J. CZIK, P.C.

101 Avenue of the Americas, 15th Floor

New York, New York 10013

212.413.4462

[email protected]

The information provided by The Law Offices of Steven J. Czik (LOSJC) is for general educational purposes only. There is no attorney-client relationship established by this communication and no privilege attaches to such communication. LOSJC is not taking and will not take any action on your behalf and will not be considered your attorney until both you and LOSJC have signed a written retainer agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain LOSJC on terms acceptable to LOSJC, you are advised to immediately seek the services of another attorney.