Starting a business in Orange County, New York

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Starting a business can be tricky and at times very tedious work. From all the paper work involved, to all the number crunching it is important to have an attorney by your side so all the processes are completed properly, ensuring no future problems.

When it comes to starting a business in Orange County, New York,  you need to remember that everything must be kept on record. In order to start your company you will first need to think of a name for your company.

When it comes to choosing a name, this is usually the most difficult part. You need to create a name that describes your company, but at the same time stands out and is easy to remember. Once you choose a name for your company you can go to your Orange County, New York tax office, or any local office and get your DBA. Your DBA (Doing business as) is what you need in order to tell the state your doing business, and what your business name will be.

The office will provide you with record to make sure the name you want isn’t already taken so make sure to have a few names in mind.

Once you receive your DBA you can no go on to receiving your tax ID number. If you have an attorney helping you along the way, which is recommended he will be able to use this number to set up your business accounts for you. Using these tax numbers and your accounts properly can lead to your company saving much money when taxes are due.

By getting an attorney to assist you in your paper is a great advantage. In the long run the attorney will end up saving you more money then you could possibly do on your own. They’ll be able to find all the deductions and loopholes you missed because this is what they study, and do research on. For a stable company, an attorney has a small price to pay in the long run, especially when the savings will pay for his services in the end.

Business Contracts

Filed Under Business Law, Per Diem Legal Services · Tagged:  

The term contract law is familiar to most people, but the common uses of contracts in everyday transactions are not as clearly understood.  Contract law was implemented in order to provide an orderly, controlled, and enforceable way for two parties to conduct a business transaction.  Originally, contracts were designed for products, but today they also include services and other “performances” (agreed up actions for compensation).  By the end of its lifetime, a contract is either fulfilled or breached.  When a contract is fulfilled, then both parties have satisfied the terms of their contract with respect to the other person.  During that lifetime, the contract serves as a template and a checklist for the performance of the one party and the compensation given by the other, in way that can always delineate to either of the participants or to a third party exactly what terms were agreed upon.  If a contract is breached, then it changes from a set of instructions to a set of liabilities against the failed party.  If the contract is properly executed, then the breach may be addressed in court and the expectations that have been breached can then become enforced by the court.  At that point, the contract is replaced by a court order, and a breach of the order will carry criminal liabilities.

Some common uses of contracts are car loans, house loans, and rental agreements.  It works in the favor of anyone to learn enough about basic contracts to find out what their legal commitments are when they enter into any of these agreements.  Some people blithely sign contracts, and then when they find themselves in court on an unfair breach suit, they try to appeal to the court that “the contract just isn’t fair”.  They then find to their dismay that the court is not there to determine right or wrong, fair or unfair, but to determine the legality and enforceability of the contract.  The fairness of the agreement is always left to person who signs his name and the responsibility and consequences of the agreement are solely in the hands of the person who accepts the contract.  This yields two important rules of thumb: understand the basics of contract law and the specifics of any contract presented and second, don’t sign anything until you do.  The signature is the binding point.  Before the signature, you are still free.  After the signature, you are stuck.

Once you learn a bit about contract law, you will recognize their use in all sorts of areas.  These include business contracts, service contracts, small businesses contracts, and business agreements.  Each of these is used to help specify and guarantee the performance between two parties.

Contact the Law Offices of Ronald J. Salvato to help you with any contractual needs you have.

Starting a business in Orange County, New York

Filed Under Business Law, Per Diem Legal Services · Tagged:  

Starting a business can be challenging and at times involve very tedious work. From all the paperwork involved, to all the number crunching it is important to have a qualified attorney by your side so all the processes are completed properly, ensuring no future problems and preventing future costly legal issues.

When it comes to starting a business in Orange County, New York, you need to remember that everything must be kept on record.  This means filing the appropriate paperwork (Articles of Incorporation, Articles of Organization, etc.) with New York State or with the Orange County, NY county clerk's office (in the case of a DBA).  If there are partners involved, it involves setting up a thorough operating agreement document that could literally save your company, your friendships and relationships, and even prevent you from falling into financial ruin in the future.

There are also legal hurdles that you'll need to consider when starting a business.  A couple such legal hurdles include selecting a name for your company and coming up with a company logo while making sure that neither infringe upon anyone else's legal rights.  In fact, choosing a name for your new company can be one of the most challenging parts of starting a business. You need to create a name that describes your company, but at the same time stands out and is easy to remember.  There are also appropriate legal checks that must be done to help determine if that name is available for you to use without running the risk of being sued.

A business attorney will also help you in deciding which legal entity is most appropriate for you given your current business and personal circumstances.  There are important differences between an s-corporation, a c-corporation, LLCs, partnerships and sole proprietorships.  One of the most popular forms of business is the sole proprietorship, or a business in which there is only one owner who personally accepts all legal and financial liability for the company.  In Orange County, New York starting a business is fairly straightforward for the sole proprietorship and the filing fees are minimal compared to other business forms.  However, make sure to check with an attorney to make sure you are not setting yourself up for legal danger by doing so.

If you are forming a sole proprietorship you will file a document referred to as a "DBA" which stands for "doing business as".  So, for example, you might be John Smith doing business as Widget World.  Once you've  filed your business with the appropriate government departments whether in Orange County, NY or with New York State, you can now go on to receiving your tax ID number. If you have a business attorney helping you along the way, which is recommended, they will be able to use this number to set up your business accounts for you. Using these tax numbers and your accounts properly can lead to your company saving significant sums of money when taxes are due so be sure to use a qualified business attorney that understands business law.

Getting an attorney to assist you with forming your agreements and filing all of your paperwork is a great advantage. In the long run the attorney will end up saving you more money then you could on your own and will more than pay for themselves. Do yourself a favor and contact us today to discuss how we can help you set up your business properly.

Why You Need A Good Business Attorney

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For many business people, hiring a business attorney is tantamount to calling the doctor for a health problem. Most people want to avoid it for a myriad of complex reasons, including the perception of cost and the perception that working with a business attorney may not be an altogether pleasant experience. The fact is that there are going to be instances which are obviously very serious from a legal perspective. In some situations, it may be as necessary to call a business attorney as it is to call your doctor for serious chest pains. Likewise, when things seem calm, there are a number of issues that can arise which seem fine on the surface, but legally speaking are not altogether clear. This article will explain why you need a business attorney to ensure that your business stays within the boundaries of the law.

Reasons To Call an Attorney
There are a number of situations in business which, if not dealt with in the proper fashion, can lead to major problems for you as a business owner or professional. A simple, seemingly innocent, mistake can lead to hefty penalties for your business. In many instances, the cost of a good business attorney can significantly offset the cost of potential fines and other legal issues. Aside from the fines themselves, the whole process of dealing with the courts in these situations takes time and time costs money. Below are a few examples of situations which can lead to such fines and where you would be very wise to hire a good business attorney.

  • Environmental laws are taken very seriously by the courts and any violation can carry serious penalties if you are the landowner, even if you are not the person who caused the contamination. This situation could arise for example, if you decide to buy a business with some land which has recently been contaminated. It is best to call a business attorney as soon as possible in this situation.
  • Litigation is an obvious situation a business attorney would be needed. It could be something completely out of your control. For example, a disgruntled employee could decide to bring a case against you or one of your employees for sexual or racial discrimination. Both of these charges are very serious and again carry heavy penalties and fines for your business if not dealt with in the proper fashion by a business lawyer familiar with the laws in these areas.
  • If you are considering making special allocations of your profits and losses in your business operating agreement, regardless of the legal structure your business operates under (eg. LLC or partnership), you really need a specialist business attorney. In fact, an expert tax attorney is probably your best bet in this situation.

Considerations
Of course, you can educate yourself and keep yourself up to date with all legal issues. You can even work in partnership with a business attorney to save money by doing some of the basic things yourself and passing them on to the attorney to take a look at. Some businesses draft their own contracts and then pay a small fee to a business attorney to look them over. However you decide to go about it, a business attorney is essential if you want to make sure that your business runs within the limits of the law, saving you time and money on potentially very expensive fines.

Are you in need of a business attorney in or around Orange County, NY?  Give our law offices a call today.  We serve the following areas:  Hudson Valley, NY including Orange County, Sullivan County, Dutchess County, and Ulster County.

What an Attorney Can Do For Your Business

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Small Business Lawyer

By Orange County, NY Business Attorney Ronald J. Salvato

 
Forming a new business?  Selling your existing business?  Purchasing land to expand your current business.  Running a small business presents unique challenges for today's entrepreneur.  Many small business decisions require an attorney.  Some simply would benefit from the analysis of a commercial attorney. 
 
The purchase or sale of a business will usually involve the assistance of a business lawyer.  
 
The formation of a corporation, partnership,or  LLC  can benefit from advice from an attorney who has experience in business law. 
 
Some businesses find themselves in a position to sue or are defendants in a civil suit for money damages known as civil litigation.
 
New and existing businesses can benefit from a review of existing contracts for goods or services.  Also leases can be negotiated and drafted by an attorney specializing in business law.   Business lawyers also add value to clients bottom line by reviewing the standard sales or service contracts to insure they contain the most current language to protect the small business from liablity or costly mistakes of law. 
 
When expanding a business by purchasing commercial land for the development of a retail or manufacturing facility, or merely as investment property/rental, a small business operator can take advantage of the expertise and experience of a commercial real estate attorney in the review of offers to purchase, contracts of sale, contingencies, escrow agreements, commercial financing, title review, engineering review and planning/zoning board approval process. 
 
 

Do You Need A Lawyer to Incorporate?

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By: Law Offices of Ronald J. Salvato – Orange County, NY Business Attorney

Business LawIf you are a business owner and you finally decided to form a corporation, the question of whether you should hire a lawyer will cross your mind sooner than later. There are plenty of advertisements that tell you how easy it is to form a corporation on your own and how much money you can save by doing so. But what these advertisers do not take into account is that not all business owners possess the knowledge they need to form their own corporation, even if they are provided with basic information.

One of the main reasons a business owner might not be able to form a corporation on their own is because they might not be aware of the different types of corporations. If you do not possess the knowledge you need, then how can you be sure that you’ve chosen to form a corporation that’s right for you and your business? Even if you’ve decided on a type of corporation, do you know what you need to do next? For example, do you know which of your assets should be transferred into your company and how you go about doing it? If you do not understand the differences between the available entities then it’s probably not wise to form your own corporation. If you incorrectly or incompletely set up your business entity it can have implications for tax liability and personal liability in the event of a lawsuit.

If your business is very complex, it is highly recommended that you hire a good business attorney. Also, a good business attorney will help you figure out which business entity is right for; which entity is most beneficial to you. They will help you get all the benefits that you might miss out on if you were to form your own corporation. For instance, if you do not follow all the necessary steps to forming a corporation, you could lose the benefits of limited liability that you were probably seeking in the first place. A business attorney will make sure you do not make that mistake.

In conclusion, it is not legally required to hire an attorney to form a corporation. However, hiring a good business lawyer will likely save you more money in the long run. Some entrepreneurs just feel more assured when they have a business lawyer by their side when they are incorporating.

About Ronald J. Salvato: Located in Orange County, NY, Mr. Salvato has nearly twenty years of practice as an attorney.  His areas of expertise include corporate and business law, civil litigation, and real estate law.  He has worked primarily as civil litigator of lawsuits including the litigation of contract disputes, and personal injury cases. In addition the firm has assisted clients in the preparation of wills, estate planning, trusts, power of attorney, and landlord tenant disputes, including evictions.  Please contact him for all of your Business Attorney needs in Orange County, NY.  He also serves Ulster, Sullian, Dutchess and Putnam counties!"  For more information please browse the website or click here to go to the home page.

Need a Business Lawyer in Orange County NY?

Filed Under Business Law · Tagged:  

By: Law Offices of Ronald J. Salvato – Orange County, NY Business Attorney

do-I-need-a-lawyerTypically, the need for a business lawyer arises in case of business requirements of a legal nature, disputes or litigations that must to be tackled in order to avoid grave legal consequences. A business lawyer, by the virtue of his knowledge and expertise of business laws and statutes, can come to your aid to resolve business issues and save your business from any legal impact that is a part of the problems that your business is faced with. There are more scenarios than you can imagine where the services of a business lawyer in Orange County, New York may be sought. Usually, a business lawyer in Orange County, NY helps his clients by looking into and solving a host of issues that have a legal angle. Some of these may include:

  • Incorporating a business in Orange County, New York
  • Buying or selling of the business
  • Dissolving a business
  • Determining the structure of your business
  • Preparing and signing of deals, contract and property lease documents
  • Negotiating on legal contracts
  • Developing a hiring process for senior and/or key employees
  • Hiring employees with access to classified company information
  • Merger and Acquisition cases
  • Protection of intellectual property

Considering the above mentioned scenarios it is highly recommended to hire a professional business lawyer in Orange County, New York. There are hundreds of businesses in Orange County, NY and each has its own set of rules and legal regulations in accordance with the federal laws of the United States, city laws, county laws and others, which can sometimes contradict or overlap each other. A business lawyer practicing in Orange County, New York can come to your aid and help you arrive at the best possible solution for your business.

An experienced business lawyer in Orange County, NY is adept in important business laws such as business formation laws, consumer protection laws, contract laws, hiring and employment laws, intellectual property laws, license laws, zoning laws, etc. A business lawyer in Orange County, New York helps his clients in cases where there is a breach of duty giving rise to an insolvable dispute between the various co-owners of a business, or between the owners and the customers, banks or vendors.  

A New York business lawyer also keeps himself abreast of the constantly changing legal statutes and market environments and can be the best guide on matters of a legal nature that involve your business in Orange County, New York.

The Law Office of Ronald J. Salvatois a renowned legal firm serving prime business and corporate clients in Orange County, New York. This business law firm is renowned for the formation of partnerships, LLC’s and corporations with Mr. Salvato himself possessing extensive knowledge and experience of negotiating and drafting contracts and leases pertaining to commercial property, goods and services. For more information please browse the website or click here to go to the home page.  

Five Benefits of Using Corporate Lawyers

Filed Under Business Law · Tagged:  

By: Law Offices of Ronald J. Salvato – Orange County, NY Business Attorney

 

Business LawThe role of a corporate lawyer is to ensure the legality of all commercial transactions in an organization while also advising them of their legal rights and duties. Regardless of the nature, size and location of a corporate organization, it needs to have a qualified and skilled lawyer who specializes in business law. Such a person can provide legal assistance at every stage of the business and protect the organization against lawsuits and frivolous claims that can threaten a corporation’s image and success. 

Here are the top 5 benefits of hiring a business lawyer for your organization in Orange County, NY:

  • To help in the formation and organization of the corporation:When you have decided upon the form of entity for your business organization in Orange County, NY, a skilled business lawyer helps you to ensure that all statutory and regulatory requirements are fulfilled. The drafting of shareholder agreements, letters of incorporation and corporate articles can be effectively taken care of with the help of a business attorney.
  • To keep the organization in compliance with applicable local and federal laws: The license and permit issues and the regulatory compliance for a business organization in Orange County, NY are effectively and easily handled when you have a business lawyer in your team. There are different local, state and federal laws that govern the different aspects and actions of a business. To avoid fines, lawsuits and other legal actions due to compliance failure, it pays to have an efficient business attorney who knows the law of the land.
  • To properly initiate and structure partnerships:If you consider starting a business with another company or decide to enter into a partnership at a later stage in business, it is essential to consult a business attorney for finalizing an appropriate draft for the partnership agreement. It is imperative to clearly define roles, responsibilities and expectations of all concerned partners. The basis of profit sharing and other terms and conditions also need to be outlined to avoid any confusions and disagreements in the future. Only an attorney adept in business law can help to deal with these aspects successfully.
  • To prepare secure and effective business contracts: Suitable contracts are the building blocks of business relationships. Any business contract has to be written and legally binding. It is highly recommended that you hire a business attorney when you have to draft valid and enforceable business contracts. Your business lawyer makes it easier to include all necessary points and terms in a contract.
  • To protect your organization against claims and other litigation issues:Despite its best efforts to maintain quality, any business organization can face customer complaints or claims against a product or service. Some of these issues can be handled by the customer service team but when issues take a legal turn, only a business lawyer can help a business protect its interests, while also taking care of the complaint.

With a qualified and experienced business lawyer on your team, you will find it much easier to deal with the legal formalities of any business.

Based in Orange County, NY, The Law Office of Ronald J Salvato is headed by Mr. Salvato who has rich experience spanning 20 years in the field of civil litigation, real estate as also corporate & business law. Mr. Salvato helps business clients in the formation of new corporations, LLCs and partnerships across Hudson Valley and Orange County, NY, as well as Ulster, Sullivan, and Dutches counties. He also has extensive experience in negotiation and drafting of contracts and leases fro commercial properties, goods and services. To find out more about his services, visit: http://www.rjsalvatolaw.com/

 

How to Select the Right Business Attorney

Filed Under Business Law · Tagged:  

By: Law Offices of Ronald J. Salvato – Orange County, NY Business Attorney
 

orange-county-ny-business-attorneyDeciding when to hire a lawyer can be quite the challenge for most business owners, especially if they are just starting their business. It is expensive to hire a lawyer and many business owners do not have extra income to pay them. This is why it is very important for them to make sure they hire the right attorney when they are confronted with any legal problem.

Since some businesses require specific knowledge and/or experience, business owners need to find a lawyer that’s right for their needs. Business attorneys can usually be divided into two categories: litigators and transactional lawyers. Litigators usually take care of disputes and transactional lawyers usually handle contracts, securities and other types of business matters. Knowing what type of lawyer you need can help decrease the amount of time you spend searching for the right one. Every industry has its own array of legal problems and ways of dealing with them; so you should find a lawyer who is already familiar with your industry.

You need to also figure out what role you want your business attorney to play in your business. For instance, are you looking for an attorney to give you advice on how to incorporate your business in your state or do you need an attorney to help you on a particular project? If you need help on a one time project, then you need to get an attorney with knowledge in a very narrow area. However, if you need a lawyer by you side as your business grows, you will probably need an attorney who has general knowledge and skills in business.

Once you’ve figured out what your needs are, make a list of potential attorneys who have met your needs. There are a number of ways to find your potential attorney. A good way to start is by asking for referrals from anyone you know. Your personal banker or your accountant could be good sources for referrals. You can also look at both print and online directories of attorneys. Although these directories might not always be completely comprehensible, they can at least help point you in the right direction. Doing internet research can also be very beneficial in your search for the right business attorney. Search engines, such as Google and Yahoo, have made it easier than ever to find any attorneys with the experience and skills you are looking for. If you find a few lawyers you are interested in, you can find more information and reviews on them by typing their name into a search engine.

After you’ve made a list of attorneys you’re interested in hiring, make a list of questions you need answered before you decide that you’ve found the right lawyer to meet your needs.

Here are some examples of questions you should ask:

1.      How long has the attorney been practicing business law?

2.      What is the hourly rate the lawyer is charging for their service?

3.      Does the lawyer charge a fixed fee for certain matters?

4.      Has the attorney handled problems similar to yours?

5.      How will the lawyer deal with matters that are outside of their expertise?

6.      Are there any disciplinary complaints filed against the lawyer?

You should not expect answers to your legal questions on the initial interview with the lawyer; proper legal advice will be given when you’ve made a decision to hire a lawyer. Doing proper research and asking the right questions will help you find the right business lawyer to fill your legal needs.

About Ronald J. Salvato: Located in Orange County, NY, Mr. Salvato has nearly twenty years of practice as an attorney.  His areas of expertise include corporate and business law, civil litigation, and real estate law.  He has worked primarily as civil litigator of lawsuits including the litigation of contract disputes, and personal injury cases. In addition the firm has assisted clients in the preparation of wills, estate planning, trusts, power of attorney, and landlord tenant disputes, including evictions.  Please contact him for all of your Business Attorney needs in Orange County, NY.  He also serves Ulster, Sullian, Dutchess and Putnam counties!"  For more information please browse the website or click here to go to the home page.