Business Law Counsel For Westchester County And The Lower Hudson Valley

We counsel entrepreneurs and business owners at the startup phase of their business, form corporations and limited liability companies, and advise and work with them throughout their business lives. We also represent large and small businesses, as well as not-for-profit corporations and charitable entities and self-employed individuals. We work with our clients to help them understand proper corporate governance, as well as housekeeping details necessary to preserve their corporate structures.

Our clients welcome our accessibility, depth of knowledge, attention to detail, and our understanding of their need for prompt and efficient service. We have been providing counsel for businesses in our community for over five decades, and we are proud of the challenges we have helped them overcome and the goals we have helped them accomplish.

The firm’s transactional practice is led by John H. Gettinger and Gregory A. Monteleone, who bring a practical, solutions-oriented approach to every engagement. With extensive experience across a wide range of industries and deal structures, they are known for their ability to think creatively, anticipate issues before they arise, and keep transactions moving efficiently toward closing. Whether structuring a new venture, negotiating complex agreements, or guiding a business through a sale or acquisition, John and Greg focus on achieving their clients’ objectives while minimizing risk and avoiding unnecessary complications. Their collaborative style and business-minded perspective allow them to serve not just as legal advisors, but as strategic partners in getting deals done.

Business Law Matters We Can Assist You With

As the company or entity grows, we welcome an ongoing relationship and are prepared to address the large variety of business support issues that may arise. Our experienced lawyers work with our corporate clients to help them meet their legal needs:

• Business transactional law and counseling: We can assist with drafting contracts, facilitating mergers, and engaging in entity and asset acquisitions and sales.
• Internal business organization and management: We can facilitate shareholder matters, management and partnership agreements, employment agreements, consulting agreements, confidentiality agreements; buy-sell agreements and operating agreements, dealership and distribution agreements, office and equipment leases, store leases, and development agreements.
• Corporate finance: We can assist in obtaining financing commitments, satisfying bank closing requirements and closing loans. We can assist clients in preparing and negotiating credit agreements, loan agreements, security agreements, intercreditor agreements and UCC filings.

Together, these services give your business a stronger legal foundation as it grows, changes and takes on new opportunities.

Why Choosing The Right Business Structure Is Important For Your New York Business

The structure you choose affects how you own, manage and grow your business. It can also affect taxes, personal liability and future ownership changes. Because these effects may last for years, you should consider both your current needs and long-term plans before you decide.

Common business structures include:

• Sole proprietorship: You own and run the business yourself. This structure is simple, but you may remain personally responsible for business debts and legal duties.
• General partnership: You run the business with one or more partners. A written agreement can explain how you share profits, make decisions and handle changes in ownership.
• Limited liability company: You own the business through an LLC, which can offer flexible management and may limit personal liability. New York law also requires LLC members to adopt a written operating agreement.
• S corporation: You may choose S corporation tax treatment if your business meets federal rules. This choice can affect how income, losses and taxes pass through to owners.
• C corporation: You operate through a formal corporate structure that follows the tax rules for C corporations. This form may suit your business if you expect outside investment or future growth.

Each structure works differently, so the right choice depends on your goals. Your number of owners, tax concerns, funding plans and level of risk all matter. We can review those factors with you and help you choose a structure that fits how you plan to operate.

What Is The Importance Of Partnership Agreements And Operating Agreements?

A written agreement gives business owners clear rules for how they will work together. This matters even when you start a company with a friend, relative or trusted partner. Relationships can change, and a dispute over money, duties or control can place strain on both the owners and the business.

A partnership agreement can address ownership shares, voting rights, management duties and profit distributions. It can also explain what happens if a partner leaves, sells an interest or wants to add a new owner. For an LLC, New York law requires members to adopt a written operating agreement that covers the company and the rights of its members.

We can help you discuss these issues before they cause conflict. We can then draft terms that match how you want to run the company and make key decisions. A clear agreement gives each owner the same point of reference if questions arise later.

We Can Stand Up For Small Business Owners Amidst Business Disputes, Shareholder Rights And Ownership Conflicts

Even a successful business can face serious conflict among its owners. Partners, shareholders or LLC members may disagree about control, money, ownership rights or the future of the company. When that conflict starts to affect daily operations, you need to know what your agreements and legal rights allow.

Business ownership disputes may involve:

• Disagreements over ownership shares or voting rights
• Conflicts about management power or major business decisions
• Questions about distributions, pay or company profits
• Claims that an owner or manager violated a fiduciary duty
• Deadlocks among partners, shareholders or LLC members
• Disputes over the sale or transfer of an ownership interest

We can review your contracts, governing documents and the facts behind the dispute. That review helps us explain your position and the options available to you. We can also look for practical ways to resolve the conflict while protecting your ownership and business interests. If the matter moves into litigation, our business litigation attorneys can represent you in negotiations or court.

Our Westchester Business Law Attorneys Are Here For Your Business Contract, Employment Agreement And Day-to-Day Legal Needs

Contracts shape many of the relationships that keep your business running. Clear terms explain what each side must do and what each side can expect. They can also set rules for payment, timing, risk and what happens if someone fails to perform.

We assist businesses with agreements such as:

• Commercial agreements with vendors and customers
• Employment agreements and offer letters
• Consulting and independent contractor agreements
• Confidentiality and nondisclosure agreements
• Partnership, shareholder and operating agreements
• Purchase and sale agreements
• Office, equipment and commercial leases

Our work goes beyond drafting the document. We can review proposed terms, explain how they affect your business and negotiate changes that fit your goals. If your business later changes, we can revise an agreement so its terms still match your needs.

We serve companies throughout Westchester County, Putnam County and the broader Lower Hudson Valley. As ongoing business counsel, we can answer legal questions that come up during normal operations. You do not have to wait until a deal stalls or a dispute begins. Having counsel in place can help you address an issue before it becomes harder to manage.

When Does It Make Sense For A Westchester County Business Owner To Consult With A Lawyer?

You should consider speaking with a lawyer before a business decision creates major legal, financial or ownership effects. Early advice gives you time to review your choices before you sign a contract, commit money or make a change that may be hard to undo.

You may want legal guidance when you form a business, add or remove an owner, seek financing or plan a sale. A lawyer can also help when you negotiate an important contract or face a dispute with an owner, employee, customer or vendor. We can review the issue with you, explain the risks and help you decide what to do next.

Does A New York Business Need A Written Agreement?

A New York business often benefits from written agreements, although the documents you need depend on your structure and business relationships. New York law requires LLC members to adopt a written operating agreement. Other businesses may use partnership, shareholder, employment, vendor or commercial agreements to define important rights and duties.

Written terms create a clear record of what each side agreed to do. They can address payment, ownership changes, decision-making, confidentiality and ways to handle disputes. We can help you decide which agreements your business needs and draft terms that reflect how you plan to operate.

Get Practical Business Law Guidance For Your Next Step

We understand that the way you run your business is unique, as well as the challenges it has. We can readily adapt our approach and strategies to match your business needs and circumstances. To learn more about how we can serve as your in-house business counsel, call us at 914-595-1468 or send us an email.