Hillary Hera Hughes's Answers

Dear Sirs, I am a British national wishing to emigrate to the US. Running my own company/ business is the best option for me.

Greetings. It sounds like you are considering a number of business acquisition options. There are many different issues to consider in acquiring a business, whether you do so by starting a new one or purchasing an existing one. It sounds as though you are at least initially leaning toward acquiring an existing business. Depending on the size business you are interested in acquiring, you may be able to find business-for-sale listings on the internet or in the classified ads of newspapers....

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What does the legal phrase "express provision" mean, and when is it used?

The meaning of the phrase will, of course, depend on the context in which it is used. Generally speaking though, the phrase is usually used within a contract or statute in connection with the statement of a general rule that is intended to govern a particular matter, right or obligation. The general rule would be set forth, and the contract or statute would state that the rule applies "absent an express provision to the contrary" or "unless expressly provided otherwise" (or something similar)...

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When are the new york state assembly and senate in session?

I believe it runs into late June, and in the case of the Senate, a few days in July. I also don't think they are always in session 5 days a week. They meet just 2-4 days per week in order to allow members to conduct business in their home districts. You can generally find the annual calendar on their website.

How do you find an excellent attorney in queens, ny? Are there reliable rating agencies? So difficult to tell!

You might try the Queens County Bar Association, which likely has a lawyer referral service www.qcba.org. The City Bar in Manhattan also has a referral service, which likely includes lawyers located in Queens. One of the best ways to find a quality attorney, however, is through personal referrals from people who have had experience with the attorney and who recommend him or her to you. Good luck!

Where do I find a template for Freelance work contracts?

It sounds like what you need is a standard Services Agreement that you can use for providing your design services to clients as an independent contractor (rather than as an employee). While you can likely find some independent contractor agreement forms on the Internet, I would caution you to have a lawyer help you prepare one. As a designer, there are particular issues that should be addressed in your agreement, such as the issue of whether you retain any rights to your designs. If you want...

Potential dispute about the Terms of a contract

Although there is arguably some ambiguity in the contract language you cite, the likely interpretation is that the client indeed has the right to extend for four separate 3-month periods. If the intent was that the client exercise the renewal option only once for the full extension, the language of the contract would likely have been drafted to provide that the client could renew for an additional one-year period. However, there may be other avenues under the contract to avoid renewal. For...

Up and coming clothing designers want to use my artwork as there logo how much should i charge?

A flat fee is more traditional, but you can try to negotiate royalties. Note, however, that if the business does not do well, royalties may not be that valuable to you. You might try proposing a slightly reduced flat fee in exchange for a very small royalty deal to give yourself a potential upside, but I suspect they will want to purchase it outright. If you do get some sort of royalty, you should review the documentation carefully to make sure you understand and are comfortable with the way...

Is this contract binding and what options do we have?

The answer to this question really depends on what the contract that the parties entered into states. Does it state that the price for the product is the original "good rate?" Is there any qualification or condition in the agreement that the rate is subject to a credit check or credit evaluation? What are the termination/cancellation provisions? Unfortunately, this type of question cannot be answered without reference to the actual contract language. Were there any other documents such as...

Can I easily change my corporation's name in NY?

Yes. It is relatively easy to change the name of your company. You would file a certificate amending your company's Certificate of Incorporation or Articles of Organization (depending upon whether your company is a corporation or a limited liability company) with the State of New York. You will also likely need a board and shareholder consent approving the change in name. Additionally, note that, if you plan to do business in other states, your company may need to qualify to do business in...

Can i use the word federal? on a company

In New York, you cannot use a corporate name that contains any word or phrase in any context that will tend to mislead the public into believing that the corporation is an agency of the United States (or the State of New York), so, unfortunately, it is unlikely that the State of New York would approve the use of the word "Federal" in the name.