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LLC Operating Agreements

Everything you need to know about the LLC Operating Agreement, explained by New York Small Business Lawyer, Imke Ratschko

LLC, C-Corp or S-Corp you ask?

Ok, I’ll make this quick and dirty.  LLC, C-corp or S-corp for your small business you ask?  I think most small businesses still go with the LLC for the flexibility and to take advantage of the flow through taxation.   Below is a rundown of the main differences.  But be mindful that the recent tax changes … Read More

NY Business Certificates – Know Your “Doing Business As” Responsibilities

Doing Business As

D.B.A. or “Doing Business As” is not only a cool bar in the East Village, it also refers to individuals (sole proprietorships), partnerships, corporations and other entities that do  business under a name different from their real name.  For example, Joe Smith operates a computer service business under the name “Computer Geeks to the Rescue,” (fictional example) and Town Sports International, LLC operates a popular gym under the name “New York Sports Club” (real life example.)

If you are starting a business, but don’t want to form a legal entity yet (corporation or LLC), a business certificate gives you the ability to call your business something other than your personal name.

When you do business under a name different from your real name, you have to file a business certificate either with the county clerk of your county or with the Secretary of State in Albany.     Here are the rules:

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LLC v. S-corp

The first question for every small business owner who decided to form an entity?  LLC or S corp?  Which one is better for me? Let’s face it, most people would chose the entity that leaves more money in their pocket.  So let’s compare the tax costs and startup costs of these two entities.  This assumes that the … Read More

Choosing between an S Corporation and an LLC

Many small business owners end up deciding between a New York S corporation and a New York limited liability company (LLC) when choosing a formal legal structure for their New York business. Both entities offer limited liability and a startup friendly tax treatment. But which entity is right for your small business? The following are … Read More

Small Business Partnerships -Protecting your Minority Stake

You do not have to rely on the goodness of human kind alone, when going into business with other people.  There are legal (agreements) and practical measures (business common sense)  that you can take to make sure that your business investment in a limited liability company, corporation or other entity does not fall prey to … Read More