Best Corporate & Commercial Lawyers in White Plains

About Corporate & Commercial Law in White Plains, United States

Corporate and commercial law covers the rules and practices that govern businesses, transactions, contracts, financing, employment issues, regulatory compliance, and disputes. In White Plains, New York, corporate and commercial legal matters are shaped by New York State law, local White Plains ordinances, and county-level rules in Westchester County. White Plains is a regional business hub with a mix of small businesses, professional services, retail, manufacturing, and regional headquarters, so legal needs range from entity formation and contract drafting to commercial leasing, employment compliance, mergers and acquisitions, and commercial litigation.

Why You May Need a Lawyer

Businesses and business owners in White Plains commonly seek corporate and commercial counsel in situations such as:

- Starting a business and choosing the right legal entity, drafting articles of incorporation or organization, and preparing operating agreements or bylaws.

- Negotiating or reviewing commercial leases for retail, office, or industrial space and resolving disputes with landlords.

- Drafting, reviewing, and enforcing commercial contracts including supplier agreements, service contracts, sales agreements, distribution agreements, and nondisclosure agreements.

- Raising capital, structuring investments, preparing subscription agreements, or complying with securities rules.

- Handling mergers, acquisitions, asset or stock purchases, and buy-sell agreements.

- Advising on employment law matters, including hiring, termination, wage and hour compliance, employee handbooks, and workplace policies required under New York law.

- Protecting and licensing intellectual property, trade secrets, and managing technology or software agreements.

- Structuring secured transactions, preparing or responding to UCC financing statements, and resolving creditor-debtor issues.

- Regulatory compliance for taxes, licensing, zoning, permitting, and industry-specific rules.

- Representing the business in disputes and litigation in state or federal court or in arbitration and mediation.

Local Laws Overview

This overview highlights key local and state law aspects that affect corporate and commercial matters in White Plains. It is a summary, not a substitute for legal advice tailored to your situation.

- Entity Formation and Governance - Businesses that form in White Plains register with the New York State Department of State. Corporations are governed by the New York Business Corporation Law and LLCs by the New York Limited Liability Company Law. Formalities include filing formation documents, maintaining records, holding required meetings, and complying with reporting requirements.

- Publication Requirement for LLCs - New York imposes a publication requirement for newly formed LLCs, which often involves publishing notices in designated newspapers and filing a Certificate of Publication with the Department of State. Failure to comply can affect the LLCs ability to bring or defend certain claims.

- Commercial Leases and Real Estate - Zoning and land-use rules are enforced by the City of White Plains and Westchester County. Commercial leases should address rent, common area maintenance, permitted uses, improvements, subleasing, insurance, indemnity, and default provisions. Local building and occupancy permits are required for many tenant fit-outs and signage.

- Taxes and Financial Filings - Businesses must register with the New York State Department of Taxation and Finance for sales tax, employer withholding, and corporate taxes. Westchester County and the City of White Plains may impose additional local sales and use tax components and local business-related fees.

- Employment and Labor - Employers in White Plains must follow New York State employment laws including minimum wage requirements, wage-payment and recordkeeping rules, anti-discrimination laws, family and medical leave programs, and paid family leave. Local ordinances or county rules may add further obligations. Employers should also consider mandatory workplace training and posting requirements.

- UCC and Secured Transactions - Secured transactions are governed by the Uniform Commercial Code as adopted in New York. UCC financing statements are generally filed with the New York Department of State for most collateral, while certain real property-related filings may be recorded at the Westchester County Clerk.

- Licensing, Permits, and Local Regulations - Specific businesses such as restaurants, health-care providers, contractors, and child-oriented services require state or local licenses and inspections. The City of White Plains issues permits for construction, signage, health inspections, and specific business activities.

- Courts and Dispute Resolution - Business litigation in White Plains and Westchester County typically proceeds through the New York State Supreme Court - Westchester County for major commercial disputes, or through local courts for smaller matters. Federal disputes for matters involving federal law or parties from different states may go to the U.S. District Court with a White Plains courthouse. New York also favors commercial settlement through mediation and arbitration clauses when parties choose alternate dispute resolution.

Frequently Asked Questions

How do I choose the right business entity for my White Plains business?

Choosing between a sole proprietorship, partnership, limited liability company, or corporation depends on liability exposure, tax treatment, management preferences, financing needs, and long-term goals. LLCs offer flexibility and limited liability, while corporations may be preferable for investors and certain tax planning. Consult a business attorney and an accountant to evaluate liability, tax consequences, and compliance obligations.

Where do I file to form a corporation or LLC in New York?

Formation documents for corporations and LLCs are filed with the New York State Department of State. You must also comply with any New York-specific requirements such as the LLC publication requirement and obtain local permits or licenses from the City of White Plains when applicable.

Do I need a lawyer to negotiate a commercial lease in White Plains?

It is highly advisable to use a lawyer for commercial lease negotiations. Leases contain complex clauses on rent escalation, tenant improvements, maintenance responsibilities, insurance, assignment and subleasing, default remedies, and renewal options. A lawyer can protect your rights and help avoid hidden liabilities that can be costly over a multi-year lease.

How do New York and local taxes affect my small business?

Your business must register for state taxes such as sales tax, corporate franchise tax, and employer withholding. Westchester County and the City of White Plains may add local tax components or fees. Accurate registration, timely filings, and understanding sales tax rules for your goods or services are essential to avoid penalties. A tax professional or attorney can help set up appropriate systems and handle disputes with tax authorities.

What employment laws should employers in White Plains be aware of?

Employers must follow New York State laws on minimum wage, overtime, wage statements and recordkeeping, anti-discrimination and harassment protections, family and medical leave, unemployment insurance, and paid family leave. Local ordinances or county regulations may add requirements. Employers should maintain written policies, train staff, and consult counsel when developing employment agreements or handling terminations.

How are secured loans and liens handled in New York?

Secured transactions fall under the Uniform Commercial Code as adopted by New York. Lenders typically protect their interests by taking security interests in collateral and filing UCC financing statements with the New York Department of State. Some liens or mortgages on real property are recorded with the Westchester County Clerk. An attorney can structure collateral documents, monitor priorities, and advise on perfection and enforcement.

What do I need to do to sell my business or buy another business in White Plains?

A sale involves due diligence, valuation, negotiation of purchase agreements, allocation of purchase price, compliance with tax rules, and dealing with leases, contracts, and employee transitions. Buyers and sellers should retain counsel and accountants to negotiate terms, conduct legal and financial due diligence, and prepare the necessary closing documents.

Where will I litigate a commercial dispute arising in White Plains?

Commercial disputes are often brought in New York State Supreme Court - Westchester County when they involve state-law claims. Federal court may be appropriate for federal claims or diversity jurisdiction. Many contracts include forum-selection or arbitration clauses that require disputes to be heard in a specified forum. Consult counsel early to determine venue strategy and applicable procedural rules.

Are there local resources for small businesses in White Plains?

Yes. Local resources commonly include the White Plains Chamber of Commerce, Westchester County business development offices, and small business counseling programs. These organizations offer workshops, networking, mentoring, and guidance on permits and local regulations. For legal matters, the Westchester County Bar Association can help locate attorneys with commercial law experience.

How much does hiring a corporate attorney typically cost in the White Plains area?

Costs vary by matter, attorney experience, and billing method. Lawyers may charge hourly rates, flat fees for specific tasks, or contingency or hybrid arrangements depending on the case. Many firms offer an initial consultation to scope work and estimate fees. Ask prospective attorneys about billing practices, retainer requirements, and possible alternative fee arrangements before signing an engagement letter.

Additional Resources

Here are organizations and government offices that commonly help with corporate and commercial matters in White Plains and New York State:

- New York State Department of State - Division of Corporations - handles entity formation and filings.

- New York State Department of Taxation and Finance - manages state tax registration, sales tax, and corporate taxes.

- New York State Department of Labor - provides guidance on wage, hour, and employment law compliance.

- Westchester County Clerk - records land and other local filings and can be the place to record certain notices related to real property.

- City of White Plains - city clerk, building department, and zoning officials for local permits, licenses, and land-use matters.

- Westchester County Bar Association and New York State Bar Association - directories and practice sections to help find qualified attorneys.

- White Plains Chamber of Commerce and Westchester County business development offices - local business support and referrals.

- U.S. Small Business Administration - local district and resource partners provide counseling and workshops for small businesses.

Next Steps

If you need legal assistance for a corporate or commercial issue in White Plains, use the following practical steps:

- Gather key documents - formation papers, contracts, lease agreements, recent correspondence, financial statements, employment records, and any notices from regulators or creditors.

- Define your goals - be clear about the outcome you want, key deadlines, and budget constraints. This helps an attorney scope work accurately.

- Research attorneys - look for attorneys or firms with experience in New York corporate and commercial law and with familiarity with Westchester County and White Plains practice and courts. Ask for references and examples of similar matters.

- Schedule an initial consultation - discuss the facts, legal options, possible outcomes, and fee structure. Ask about conflict checks and who on the team will handle the work.

- Confirm engagement - get an engagement letter that sets out the scope of work, fee arrangement, billing practices, and termination terms.

- Stay organized and communicate - provide requested documents promptly, keep a record of meetings and instructions, and maintain open communication about strategy and cost management.

If you are unsure where to start, consider reaching out to local small business support organizations or a business attorney for an initial assessment. Early legal guidance can prevent costly mistakes and set your business on a stronger footing.