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 LLC’s operating agreement. In doing so, you must decide whether you want your limited liability company to be member-managed or …
What’s the Skinny on Limited Partnerships?
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 from a general partnership in several ways. The general partners are really the ones “running the show” by controlling most …
My Presentation for Morrisville State College Equine and Dairy Students
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 animal cruelty law and business organizations. I have included the presentation below. [slideshare id=15486068&doc=nylivestocklaw2-121204102537-phpapp01] New York Agri-Women had its first …
Confidentiality Agreements for Your Farm or Agri-Business
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 deleterious effects on a farm or agri-business. I encourage my readers to gain a cursory understanding in confidentiality agreements and …
Online Business Plan Course for NY Farms
I hope my readers had a fantastic Labor Day. I was beachside getting some R & R. Cornell Small Farms Program‘s Northeast Beginning Farmers Project will be offering an online course title “Planning for Sustainability – Writing Your Business Plan” where participants will hear from farmers, business management educators, and bankers about business plans. The course begins on October 4th and …
My Presentation on Drafting Farm Partnership Agreements
Last fall I spoke at the American Agriculture Law Association (“AALA”) 32nd Agriculture Law Symposium on partnership agreements for farms and ranches. Although there is likely a better choice of entity, general partnerships are common among the agriculture community and easily overlooked when there is a good relationship among the partners (or family members). Even so, I highly recommend memorializing …
Animal Law Mediation
I was recently asked whether I handle animal law mediation. And the answer is, “why yes I do.” I am a previous member of the New York State Bar Association Committee on Animals in the Law, New Jersey State Bar Association Committee on Animal Law, and the New York Lawyers’ Association Committee on Animal Law. I have also had …
Why You Might Want To Consider Virtual Mediation Via Skype
I recently read this blog post and it made me think: why would someone prefer “virtual mediation” via Skype or some other video conferencing tool? Lots of reasons. Here are a few: 1. Travel Time/Expense. Perhaps you are a food or agriculture producer or agribusiness owner and do not live/work around New York City. Or perhaps you live in New …
Debrief from Skype Conversation About Being an Ag Lawyer
I had the opportunity to speak to a great crew via Skype last Friday about being an agriculture lawyer. It’s casual “open mic” style so we talked about whatever the participants wanted to talk about. I have been getting a lot of these types of inquiries lately from folks in many different stages of life/career. I want to note a …
Does Your Farm or Agri-Business Need To File a Certificate of Assumed Name?
Many farms and agribusinesses operate as a DBA (“doing business as”) or an “assumed name.” Many businesses in the state of New York, including those involved in the food and agriculture industry, are not properly registered. Pursuant to Section 130 of the NY General Business Law, no person or entity can “(i) carry on or conduct or transact business in …
Professional Service Limited Liability Companies in New York
Recently, during a real estate closing a borrower looked at my business card and asked me what a “PLLC” was. I thought it would be worth clarifying on this blog for my readers. Pursuant to Article 12 of the New York Limited Liability Company Law, a professional service limited liability company (PLLC) may be formed by one or more attorney …
Types of Farm Leases: Cash-Rent vs. Crop-Share
Happy Friday! Last week, I stumbled across Rusty Rumley’s powerpoint presentation on “Agricultural Contracts and the Leasing of Land.” Rusty does a great job giving an overview of the building blocks. He’s a great teacher — he was one of my instructors in this agriculture law course last year— and I suggest looking at his presentation along with other useful …