Under NY Business Corporation Law (“BCL”), a corporation is formed in New York by filing a Certificate of Incorporation with the NYS Department of State. Individual shareholders will not be held personally liable for the debt of the corporation unless the …
Read C-Corp, S-Corp, B-Corp- Huh? What’s Best for Your Food and Agriculture Operation
At one point or another, most food and agriculture operations form a partnership with another person or entity. Perhaps it is a partnership on a single head of livestock (e.g., stallion, bull, boar, show heifer) or perhaps it is a more …
Read Partnerships – A Common Entity Choice for Food and Agriculture Operations
I had a great time speaking about contract management, trademarks and Non-Disclosure Agreements for farms and agri-businesses this week in Ohio. Please check out my presentation below.
Read Protecting the Agri-Business: Managing Contracts, Trademarks and Non-Disclosure Agreements
Here are some terms to think about in your bull lease between the bull owner (the lessor) and cattlemen who will be leasing the bull (the lessee): Term: The term of the breeding season should be listed (e.g., March 1 …
If you have decided to form a Limited Liability Company (“LLC”) or Family Limited Liability Company (“FLLC”), you should strongly consider creating an Operating Agreement. In New York, the Operating Agreement must be executed within 90 days of forming your …
Read Some Thoughts on Operating Agreements for Limited Liability Companies
I have been working on a contract management spreadsheet for a agri-business client of mine over the last month or so. I think this is a healthy exercise for all food and agri-businesses, no matter the size. It’s a nice …
So you’ve decided to form a limited liability company — congrats on your new business venture. After filing the Articles of Organization with the Department of State and complying with any publication requirement, the next step is to draft the …
Read Picking the Right Management for Your Limited Liability Company
As I noted in this post, a limited partnership is choice of entity that could be utilized by a farm or agri-business. With limited partnerships, there are two classes of partners: (1) general partners and (2) limited partners. This differs …
I had a wonderful opportunity this week to speak to equine and dairy science students at Morrisville State College via Skype on a select legal issues affecting the New York livestock industry. I spoke about New York lien law, livestock …
Read My Presentation for Morrisville State College Equine and Dairy Students
I recently wrote an article on confidentiality agreements for the agriculture community. It can be found on my JD Supra page here. I understand that Non-Disclosure Agreements (“NDA’s”) lack the “excitement factor” but a misappropriate of confidential information can have …
Read Confidentiality Agreements for Your Farm or Agri-Business