New York State Business Law Section 130 prohibits anyone from doing business under a name other than his or her own unless an Assumed Name Certificate (more commonly referred to as a DBA) is filed. For example, if John Smith would like to sell seeds under the name “Johnny’s Apple Seeds”, he would have to file… Continue reading 3 Reasons Sole Proprietors Should Avoid DBAs
Preparing and filing a business registration certificate is the first step towards starting a business. Each business entity requires a different “certificate”. For this post, we will focus on the two most popular types of business entities in New York, a corporation and a limited liability company (LLC) (What is a LLC?). Generally speaking, a business… Continue reading What is a Business Registration Certificate?
“Verbal agreements aren’t worth the paper they’re printed on.” – Unknown Small business owners and entrepreneurs often rely upon “handshake” or verbal agreements to conduct business. But are those agreements really enforceable? The answer is it depends. Technically speaking, verbal agreements are enforceable in New York with certain exceptions as described by the Statute of Frauds.… Continue reading Are Verbal Agreements Enforceable?
Many people enter into contracts on a daily basis without realizing that they are in a legally binding agreement. To help the average person understand when they have a valid contract, we have set forth the elements of a contract below. There are four elements of a contract, in order to have a valid contract,… Continue reading What are the Elements of a Contract?
Non Compete or Non Competition Agreements are contracts that contain a restrictive covenant whereby an employee promises to refrain from competing against their employer for some period of time. Such agreements can be beneficial to both the employer and employee. Employers are likely to invest more in the training and development of the employee without… Continue reading What is a Non Compete Agreement?
To many, arbitration and mediation are synonymous. Both involved the resolution of a dispute with the assistance of a third party. However, there are major legal differences between these tools of alternative dispute resolution. It is important to know those differences before attempting to mediate or arbitrate a dispute. MEDIATION Mediation is where the parties… Continue reading What is Arbitration and Mediation?
There are many different ways in which a business can be formed. When forming your own business, though, there are four main types to consider, each with their own pros and cons. For this post, we will answer “What is a Limited Liability Company (LLC)?” A limited liability company is a hybrid between a corporation… Continue reading What is a Limited Liability Company (LLC)?
Businesses are omnipresent in American everyday life. When forming your own business, though, there are four main types to consider, each with their own pros and cons. A sole proprietorship, partnership, corporation, and LLC (limited liability company) all have their own unique aspects that may make them helpful or less helpful to you. For this… Continue reading What is a Sole Proprietorship?
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Our two attorneys David Kloss and Justin Kloss have been recognized by Superlawyers! Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. David Kloss has been selected to Superlawyers 2017 Top Attorneys and Justin Kloss has been selected… Continue reading David Kloss And Justin Kloss Recognized by Superlawyers