How Do I Start A Business In New York?

Starting a business presents new opportunities, along with a host of risks. Laying the foundation for future success means preparing to anticipate anything that comes your way. It also means meeting the inevitable legal challenges your company will face. The business law attorneys of Rosenbaum & Taylor appreciate the difficulties your start-up will face. We’re here to provide guidance on the best way to get your new organization off the ground.

Before you begin, you should determine the most advantageous legal structure of your company. Although you can operate as a sole proprietor, doing so is not for everyone. The more assets, employees, and debts your company takes on, the more potential risk you face. We help companies evaluate whether a limited liability company, corporation or some other entity is best.
We also work with the organization to draft the appropriate legal documents it will need. These include:

  • Articles of incorporation
  • Bylaws
  • Operating agreements
  • Employment contracts
  • Employee manuals/policy handbooks
  • Independent contractor agreements

You may also be purchasing an existing business, or starting a franchise. These companies come with their own challenges. For example, franchises often impose their own set of restrictions and requirements on their franchisees. We advise these new owners on their rights and obligations when they purchase a business or franchise.

A particular challenge that is sometimes overlooked is picking an appropriate name for your business. It’s not necessarily as simple as choosing something creative. You have to make sure, first, that your name is not infringing on that of another company.

New businesses can operate under a name for a significant amount of time before they learn the name is invalid. Your business should also consider web domains and email addresses when it selects a name. Also, there may be certain rules that apply if your business is a professional organization.

Once your organization is formed, the hard work begins. You may need to line up financing, office space, capital acquisition, and new employees. And that’s just to get your company running. Each of these requires diligence and careful planning from a business perspective. But you also have to make sure your company is legally protected.

Our firm can assist with finance agreements and lease agreements. Not only do we prepare employment agreements, but we also advise businesses on their employment obligations under the law. Tax, wage, labor, and numerous other considerations must be factored in, and we’re ready to help.

Your company may have issues of intellectual property. Any unique brands, logos, designs, trademarks, copyrights, trade secrets, or patents have to be addressed. It’s critical to take steps to protect intellectual property at the outset before your company gets big. As time passes, and your organization grows, it will be increasingly at risk of others infringing on its intellectual property. We can work with you on the necessary steps to prevent that.

Many law firms stop once the company formation has successfully completed. We recognize, however, that legal issues will only continue to emerge as your business grows. Rosenbaum & Taylor believes in forming long-lasting legal relationships with our business clients. We work with companies after their formations are complete so they can anticipate and respond to future legal challenges.

Your business could branch out into international markets, or become publicly traded. These and other changes invoke new legal issues that will need to be handled. Your company will hopefully never stop growing, and we’re here to assist each step of the way.

No Matter What Type Of Business You Have, We Can We Help

New York is home to a diverse array of businesses in many different industries. Regardless of what type of business you want to begin, we’re ready to help. Rosenbaum & Taylor understands the various legal issues your company faces at the outset. Let us show you what we can do for your organization. Call us today to schedule a consultation.

Here are links to our other frequently asked questions:

What Is A Good Defense Against Allegations Of Fraudulent Inducement?

How Do I Defend My Company Against A Claim Of Unfair Competition?

Why Your Business Needs (or Should Update) a Company Handbook

What to Know About Breaches of Contract

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