If you're in New York and dealing with a contract, you might encounter the concept of anticipatory breach. Under the umbrella of business and commercial law, an anticipatory breach occurs when one party to a contract declares their intention not to perform their...
Business Law
The importance of drafting effective corporate bylaws
Corporate bylaws for New York corporations detail the structure that guides the internal operations of an entity. They provide a means to ensure that the company complies with state laws and has a transparent process for accountability and decision-making. Bylaws...
The facts about contract breaches and resolutions
Two parties create a contract when one offers to perform — or not perform — a valued action or service, and the other party willingly accepts the offer. A breach occurs when one or both parties fail to fulfill their contractual obligations. This post discusses the...
Is a limited partnership a good investment?
If you do not want the hassles of running a business daily in New York but want to invest in a company, finding a person looking for a limited partner may be a good solution. As a limited partner, you invest capital into the business, but you cannot control any aspect...
How to get an EIN for your business
Applying for your EIN in New York is an easy process when you apply via the Internal Revenue Service (IRS) website. The IRS offers several ways to submit your application. You can apply online, by mail or via fax. According to the official IRS website, applying for an...
Three important aspects of due diligence in a merger or acquisition
If your New York business is merging with or acquiring another company, due diligence plays a vital role in this process. In most cases, due diligence is a process that requires lots of steps. Completing these steps helps companies make smart acquisition and...
How should you resolve partnership disputes in New York?
When two or more people come together to form a partnership, there is always the potential for disagreement. Sometimes these disputes can be resolved without litigation but other times they end up in court. If you're involved in a partnership dispute, it is important...
Breaking down a business contract
No contract in New York is valid unless certain elements are acknowledged and made. Ignoring one element could make the agreement voided. There are several, basic parts that make up a business contract. Offer A standard contract starts with the offer of a product or...
Understanding a void contract
A void contract is a contract that is not legally binding because its elements are unenforceable. For example, an incapacitated person can't legally enter into a contractual agreement. Clauses that violate existing laws will also void a contract. Under business law,...
How does trademark dilution work?
Trademark infringement is when an unauthorized person uses a protected trademark or similar mark to represent a business, brand, service or goods. A trademark holder can hold a registered trademark for ten years under New York Business Law, Article 24. The...