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United States Business Legal Questions answered by Lawyers

Browse our 1 legal question about Business in United States and the lawyer answers, or ask your own questions for free.

How do I legally protect my idea before selling or licensing it to a company?
Licensing Business Legal Document
I have a makeup product idea that I want to sell or license, not the product itself. It is influenced by a product that was recently launched. Therefore, I want to sell/license to the company that launched said product. After some research, I contacted a patent attorney who explained that... Read more →
Lawyer answer by P.O OHIKHENA & Co

Good day,A patent will not be applicable since it's still an idea. You can go into an MOU(Memorandum of understanding) with the said company and also an NDA.You can contact me for my insight. Visit our profile and send us...

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About Business Law in Long Island City, United States

Long Island City (LIC) is a dynamic neighborhood in western Queens, New York City. Business law here blends state level statutes with NYC local regulations, including licensing, zoning, and consumer protections. A local attorney or solicitor can help with formation, contracts, employment issues, real estate leases, and regulatory compliance for LIC ventures.

Because LIC sits within New York City, business owners must navigate both state law and city rules. This means understanding when to file with the New York Department of State and how to obtain city permits from agencies like the NYC Department of Consumer and Worker Protection or the Department of Buildings. Working with a qualified attorney in LIC helps ensure accuracy and timeliness in filings and filings in related agencies.

Key takeaway - a LIC business attorney can coordinate state and city requirements, draft enforceable contracts, and help minimize regulatory risk as your business grows.

“The New York Department of State handles corporate filings such as articles of incorporation and certificate of formation for entities formed in New York.”

New York Department of State - official source for business filings, including corporations and LLCs.

Why You May Need a Lawyer

  • Alicia plans to open a brick-and-mortar coffee shop in LIC. She needs to choose a business entity, draft a lease review checklist, and ensure compliance with local health and safety permits. An attorney can compare LLC versus corporation impact on liability and taxes and review the lease for landlord obligations.

  • Raj wants to form an NY LLC to operate a tech startup in LIC. He must file with the NY Department of State, draft an operating agreement, and address member duties and profit allocation. A counsel can prepare the articles of organization and operating agreement and advise on governance structure.

  • A small retail seller in LIC signs a commercial lease and discovers hidden covenants. A lawyer can negotiate rent abatement, term length, renewal options, and landlord responsibilities to maintain the premises.

  • Hannah plans to hire employees in LIC and must classify workers, set wages, and comply with NYC wage and hour laws. An attorney can help draft employment agreements and ensure wage notices and payroll practices meet NY and NYC standards.

  • The business receives a notice from NYC DCWP or the Department of Buildings. A lawyer can interpret the notice, prepare a response, and guide compliance steps to avoid fines or license suspensions.

  • Michael is purchasing an existing LIC business. He needs due diligence, review of contracts, and a smooth transition plan. Counsel can assess asset vs stock sale implications and draft an acquisition agreement.

Local Laws Overview

Two core NY state statutes frequently shaping LIC business operations are the New York Business Corporation Law and the New York Limited Liability Company Law. These govern formation, governance, fiduciary duties, and ongoing compliance for corporate entities and LLCs located in LIC. See the official texts for precise requirements and amendments:

New York Business Corporation Law (BCL)

The BCL governs corporate formation, governance, and fiduciary duties for corporations operating in New York, including those formed to run LIC businesses. For the official text and details, see the New York Senate law page: New York Business Corporation Law.

New York Limited Liability Company Law (LLCL)

The LLCL covers the formation, operation, and dissolution of NY LLCs, including those conducting business in LIC. The official law text is available at: New York Limited Liability Company Law.

New York General Business Law (GBL) - Deceptive Practices

General Business Law includes provisions protecting consumers from deceptive acts or practices by businesses. General Business Law § 349 is a commonly cited provision in LIC disputes involving advertising and sales practices. For the official text, see: General Business Law.

In addition to state law, LIC businesses must consider local licensing and compliance requirements. The NYC Department of Consumer and Worker Protection enforces consumer protection rules and licensing for many business activities, while the NYC Department of Buildings and the NYC Planning Commission regulate permits, zoning, and construction activities. See the official agency sites for current requirements:

Practical note: Always verify current requirements with official sources, as licensing, permits, and zoning rules can change. The state and city offer numerous guides to assist LIC entrepreneurs in navigating filings and compliance.

“The New York Department of State is the official repository for corporate filings, including articles of incorporation and certificates of formation.”

New York Department of State - official portal for business filings.

Frequently Asked Questions

What is the role of an attorney in starting a LIC business?

An attorney helps choose an entity type, prepares formation documents, and coordinates filings with NY DOS and NYC licensing bodies. They also review leases and draft essential contracts to limit risk.

How do I start a corporation or LLC in New York?

File formation documents with the New York Department of State. Then secure any required local licenses and register for taxes. An attorney can manage the paperwork and ensure compliance.

When should I hire a lawyer for a commercial lease in LIC?

Before you sign, have a lawyer review the lease terms, identify unfavorable clauses, and negotiate rent, duration, and exit options. This reduces future disputes and expense.

Where can I file articles of incorporation for a New York business?

Articles of incorporation for NY corporations are filed with the New York Department of State. See the official DOS guidance for steps and fees.

Why is a written contract important for LIC vendors or customers?

Written agreements clarify scope, price, timing, and remedies. They reduce disputes and provide a clear path for enforcement in case of breach.

Can I operate without a business attorney in LIC?

You can, but a lawyer helps prevent costly missteps in filings, contracts, and licensing. This is especially valuable for leases and regulatory compliance in NYC.

Should I review my employment practices with a lawyer?

Yes. An attorney can ensure wage, hour, and classification compliance with NY state and NYC rules, reducing risk of audits and penalties.

Do I need an operating agreement for an NY LLC?

Yes. An operating agreement clarifies member roles, profits, and governance, even if not strictly required by law. It helps prevent internal disputes.

Is General Business Law § 349 relevant to my LIC business?

If you engage in consumer transactions in NYC or LIC, § 349 provides remedies against deceptive practices. An attorney can assess exposure and defenses.

How much does a business lawyer in LIC typically charge?

Pricing varies by matter complexity and experience. Some lawyers bill hourly, others offer fixed-fee services for documents like leases and formation.

How long does it take to form an NY LLC or corporation in LIC?

Formation can take from several days to a few weeks, depending on filings, name clearance, and local approvals. An attorney can streamline the process.

What is the typical timeline for resolving a LIC contract dispute?

Litigation timelines vary widely. Small claims or arbitration can take months, while complex disputes may stretch over years. Early mediation is often faster.

Additional Resources

  • New York Department of State (DOS) - Division of Corporations: Official portal for filings of corporations and LLCs, including fees and forms. dos.ny.gov
  • New York City Department of Small Business Services (SBS): Offers guidance on starting, financing, and expanding businesses in NYC, including LIC. nyc.gov/sbs
  • New York City Department of Consumer and Worker Protection (DCWP): Enforces consumer protection laws and licensing for many business activities in NYC. nyc.gov/dcwp

Next Steps

  1. Define your business goals and choose a preliminary entity type (corporation, LLc, or sole proprietorship). Timeline: 1-2 days.
  2. Gather key documents for review (IDs, proof of address, lease, current contracts, and any intellectual property). Timeline: 1 week.
  3. Research LIC- and Queens-area attorneys with business practice focus and check their bar status in New York. Timeline: 1-2 weeks.
  4. Schedule consultations to discuss your needs and obtain written engagement proposals with fee structures. Timeline: 1-3 weeks.
  5. Compare proposals, ask about scope of services, and request sample documents (contracts, operating agreements). Timeline: 1 week.
  6. Engage the chosen attorney, sign a retainer, and establish a plan with clear milestones and communication norms. Timeline: immediately after selection.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.