Under Section 160 of NY Lien Law, the “owner of a stallion or bull shall have a lien on each mare or cow served together with the foal or calf of each mare or cow from such service, for the amount agreed on at the time of service. . .” However, said lien will not be able to be enforced if the owner falsely states the …
New York Agriculture Lien Law: Landlord’s Lien
A landlord’s lien used to be superior to other creditors’ claims; however, in New York, it does not arise automatically because a landlord-tenant relationship is created. Landlords who want to retain title to the products of the land against the tenant’s other creditors must explicitly include a provision to that effect in the lease. Both the landlord and tenant should memorialize their …
New York Agriculture Liens: Background
The scope of the revised Uniform Commercial Code (“UCC”) Article 9 is newly expanded to cover the perfection, priority, and enforcement of nonpossessory “Agricultural Liens” in the farm products of those borrowers involved in farming operations. The definition of “agricultural liens” is different than the broader and more general category of “secured interest”. UCC Article 9 does not supersede any existing statutory …
Interested in Learning More About Insurance for Farms, Ranches, Agri-Businesses and Food Entrepreneurs?
I moderated a webinar for the American Bar Association’s (“ABA”) General Practice Solo & Small Firm Division’s Agriculture Law Committee on insurance for the farmer, rancher, agri-business or food entrepreneur. The recording is available for purchase here. This is a substantive CLE program covering many types of insurance including, but not limited to, Farmowners’ Comprehensive Liability Program (“FCLP”), commercial insurance, …
Video Lecture on Protecting the Food & Agribusiness with NDA’s, Contract Management and Intellectual Property
I gave a presentation a few weeks ago for Lawline titled “Protecting the Agribusiness: Managing Contracts, Trademarks and Non-Disclosure Agreements.” The video and slideshare presentation are posted below but if you are an attorney I suggest getting Continuing Legal Education credit directly from Lawline by registering here. Lawline Presentation: Protecting the Agribusiness- Managing Contracts, Trademarks and Non-Disclosure Agreements from Cari Rincker
Overview of Business Entities, Liability and Insurance for the Food and Agriculture Producer
[slideshare id=43294080&doc=grownyc-businessentitiesandinsurance-150107134228-conversion-gate02] I spoke last night to GrowNYC Greenmarket Farmers about choice of business entities, liability, and insurance. A copy of my presentation is available above. This presentation gives an overview of business entities (e.g., sole proprietorship, general and limited partnerships, limited liability companies, corporations, cooperatives), trusts and not-for profit corporations for farms and food businesses. It then goes on …
What Should a Non-Disclosure Agreement Address?
Is your farm or food business in business negotiations and you you considering using a Confidentiality Agreement or Non-Disclosure Agreement (“NDA”)? In most instances, bilateral NDA’s should cover the following issues: (1) Legal Name of the Parties and Location. The NDA should use the parties’ legal name, address, and state of incorporation (if appropriate). It may be prudent to ask …
Partnership Agreements for Farmers, Agri-businesses and Food Entrepreneurs
Farmers, agri-businesses and food entrepreneurs are highly encouraged to put the terms of an agreement in writing. Simple partnership agreements are also recommended for agreements to share ownership in one livestock animal, such as a bull, ram, boar, or show animal. Partnership agreements serve several purposes. First, absent a partnership agreement, the New York “default rules” will apply. Second, when …
Choice of Business Entities Blog Series: The Cooperative
I am oftentimes asked about the best choice of business entity for a farm/ranch, agri-business or food entrepreneur. There is no one-size fits all answer to that question as each type of business entity offers different strengths and weaknesses. It is important to pick the right business entity for your specific type of enterprise – the answer to that question …
Choice of Business Entities Blog Series: The Limited Liability Company
I am oftentimes asked about the best choice of business entity for a farm/ranch, agri-business or food entrepreneur. There is no one-size fits all answer to that question as each type of business entity offers different strengths and weaknesses. It is important to pick the right business entity for your specific type of enterprise – the answer to that question may …
Choice of Business Entity Blog Series: The Corporation
I am oftentimes asked about the best choice of business entity for a farm/ranch, agri-business or food entrepreneur. There is no one-size fits all answer to that question as each type of business entity offers different strengths and weaknesses. It is important to pick the right business entity for your specific type of enterprise – the answer to that question may …
Choice of Business Entities Blog Series: The Limited Partnership
I am oftentimes asked about the best choice of business entity for a farm/ranch, agri-business or food entrepreneur. There is no one-size fits all answer to that question as each type of business entity offers different strengths and weaknesses. It is important to pick the right business entity for your specific type of enterprise – the answer to that question …