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New York State Department of Environmental Conservation Dec Ny Form
Permit. B. CAFOs which have been notified by the Department to file for an individual SPDES permit. c. CAFOs that discharge all of their process wastewater to a publicly owned sanitary sewer system which discharges in accordance with an SPDES permit. This Fact Sheet provides guidance for determining if an AFO with 300 to 999 animal units is a CAFO. Usda.gov 716-679-5536 716-962-3178 jbarber agway. com Whitney Point NY 13862 607-692-4859 rbensley juno. Retention structures shall contain all...
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Is it possible to run a NY LLC out of the New York State and even out of the US?
Sure, it is possible.Registering Business in New YorkIf you decided to open a new business that will be based in New York you can choose from several options:Sole OwnersSole Proprietorship: Sole owners of New York-based businesses could opt for sole proprietorship as the easiest form of business organization. Not the most recommended, given the liability a sole proprietor assumes as a result of owning a business. No registration with New York State Department of State is necessary, but it is recommended to obtain a Business Certificate (DBA), and if you plan to hire employees then also obtain an EIN.Single Member LLC: Limited liability company, as the name suggests, is an entity that allows its owners to limit the liability of the business to the entity itself, shielding the owners' personal assets. This type of entity is recommended for most small businesses. By default your LLC will be taxed as "disregarded entity", meaning you will file your LLC tax return as part of your personal tax return. Keep in mind though - LLC is a flexible entity, which means you have the option of electing it to be taxed as S-Corp (assuming you are a U.S. person) or C-Corp. Learn more about LLC here, and about the details of forming LLC in New York here.Corporation: You can also form a corporation and be a sole shareholder with 100% of all shares. Corporations have more formalities than LLCs (for example in New York you are required to have bylaws and maintain minutes of meetings in corporate records), but provide similar limited liability protection. That's one of the reasons this entity type is often more suitable for bigger companies, or those who seek major investment. Corporations can be taxed as S-Corp or C-Corp, with each form of taxation having its pros and cons. Keep in mind, you can elect your corporation to be S-Corp only if you, as the sole shareholder, are a U.S. person. Learn more about corporations here, and about the details of incorporating in New York here.PartnersGeneral Partnership: Like sole proprietorship, this entity type does not require registration with the New York State Department of State, but it also does not protect the owners from business liability, and therefore is usually not recommended. A General Partnership needs to obtain a Business Certificate (DBA), and obtain an EIN.Multiple Member LLC: like Single Member LLC for sole owner, Multiple Member LLC is often the entity of choice for small and new businesses with more than one partner.Corporation: Since corporation can have many shareholders, and transfering ownership is relatively easy (though share transfer) corporation might be a good choice of entity for business with partners. Keep in mind though - S Corporations are limited to 100 shareholders who must be physical U.S. persons. That means corporations owned (partially or fully) by non-U.S. persons or legal entities, cannot be elected as S-Corp, and therefore subject to double taxation of an C-Corp. In cases like that it would be recommended to consider choosing LLC instead.Limited Partnerships: Limited partnerships come in different forms, depending on the state (LP, LLP, LLLP). Though Limited Partnerships have their own purpose and place, for most cases we believe an LLC would serve its owners well enough, therefore at this point we do not cover Limited Partnerships.Existing Out-of-State CompaniesAn existing company registered in another state or country (called "foreign corporation", "foreign LLC", etc) looking to conduct business in New York might be required to foreign qualify in New York. This rule typically applies to companies looking to open a physical branch in New York, lease an office or warehouse, hire employees, etc."Foreign" businesses that do not create "strong nexus" by moving physically to New York might still be required to obtain Certificate of Authority to Collect Sales Tax from New York Department of Taxation and Finance if selling taxable products or services using local dropshippers. -
Should a resident of New York register their business in Delaware? The business will operate in NY before rolling out to other states.
Delaware native here!“Register” is a misleading term. Do you mean form your business in Delaware? That is usually when Delaware comes up — forming an entity (whether an LLC, a partnership, or a C Corporation) is fast and cheap in Delaware, especially compared to New York.It doesn’t really matter where you do business or when you’re rolling out to other states. The two most important things to consider in formation:The difficulty and expense of formation (annual taxes and filings due), andThe laws of the state that will govern your entity.Your business only becomes “a company” or “a corporation” because it is duly recognized as such under the laws of a state. Those laws (and the mechanism for disputes that occur under those laws) are different in every state.I have never heard a single argument for why New York is preferable to Delaware in either of those cases, and when I lived in New York, I filed for our company’s formation in Delaware. I’m in Texas today but happily pay Delaware’s annual franchise tax of $300.This is different than “registering,” which you may need to do as a foreign entity doing business or employing people in one or more stats. This definition (usually tied to a term like “nexus”) varies by state and it depends on the activity you’re engaged in. You may have to collect sales tax. You may have to provide worker’s comp. You may have to withhold employee taxes. The key distinction here is that you register when you have to do so because some activity you’re engaged in triggers the requirement. But you choose where you form your entity and it really doesn’t have a lot to do with your location. -
New York (state): How long does it typically take for a Certificate of Change on a domestic corporation's Certificate of Incorporation to go through in NY?
I used the standard service. I received a certificate of incorporation in New York within 10-12 days. You can use expedited services to get it in a few days. Don't forget that the second option is more expensive. Getting a certificate of change on a domestic corporation's Certificate of Incorporation is pretty much the same. -
How do you subpoena a witness who resides in New York to testify in an out-of-state proceeding?
The Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings was completed in 1936. The act provides states with statutory authority to secure the attendance of a witness from without the state in which the criminal proceeding or grand jury proceeding is pending. In New York, the act is codified in Article 640 of the Criminal Procedure Law. Specifically, CPL 640.10(2) states, in pertinent part: If a judge of a court in any state which by its laws has made provision for commanding persons within that state to attend and testify in [New York] certifies under the seal of such court that there is a criminal prosecution pending in such court, or that a grand jury investigation has commenced or is about to commence, that a person being within [New York] is a material witness in such prosecution, or grand jury investigation, and that his presence will be required for a specified number of days, upon presentation of such certificate to a justice of the supreme court or a county judge in the county in which such person is, such justice or judge shall fix a time and place for a hearing, and shall make an order directing the witness to appear at a time and place certain for the hearing. If at such hearing the justice or judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or a grand jury investigation in the other state, and that the laws of the state in which the prosecution is pending, or grand jury investigation has commenced or is about to commence, will give to him protection from arrest and the service of civil and criminal process, he shall issue a subpoena, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending, or where a grand jury investigation has commenced or is about to commence at a time and place specified in the subpoena. . . . In layman's terms, if an out-of-state attorney wishes to subpoena a witness who resides in New York to testify in an out-of-state criminal proceeding, said attorney must persuade a judge in the subpoenaing jurisdiction to signNow, under seal, that (1) there is a criminal prosecution pending in that jurisdiction's court, or that a grand jury investigation has commenced or is about to commence; (2) that said witness is a material witness in any such proceeding; and (3) that the witness's presence will be needed for X amount of days. Upon clearing that step, the out-of-state attorney (presuming they are not admitted to practice in New York) will need to forward the original certified papers to an attorney licensed in New York in order to present "such certificate to a justice of the supreme court or a county judge in the county in which such person is." That to say, if the witness resides in Manhattan, the signNowing papers must be submitted before a supreme court justice seated in New York County. Included with the signNowing papers from the subpoenaing jurisdiction must be an order to show cause submitted by the attorney licensed to practice in New York. To the extent that the order to show cause is signed by a qualifying justice, the order along with the signNowing papers must then be personally served upon the witness.Upon service, the witness may either make arrangements with the out-of-state attorney to travel to the out-of-state criminal proceeding (the out-of-state attorney should be prepared to pay for the witness's travel and lodging costs) , or, the witness may move to quash the subpoena on the return date set forth in the order to show cause. Generally, a motion to quash will be founded upon the hardship provision set forth in CPL 640.10(2). To that end, the Court of Appeals has illustratively interpreted what constitutes a hardship in the cases of Matter of Codey [Capital Cities, Am. Broadcasting Corp.], 82 N.Y.2d 521 (1993), and Matter of Holmes, 22 N.Y.3d 300 (2013).In sum, subpoenaing a witness who resides in New York to testify in an out-of-state criminal proceeding is a straightforward process guided by Article 640 of New York's Criminal Procedure Law. To the extent that legal assistance is needed in subpoenaing a witness under this article, please do not hesitate to contact The Law Office of Phillip Hamilton, PLLC @www.philliphamiltonlaw.com. -
How will AOC and the other business extractive NY politicians make up the net 25 billion in economic activity lost due to Amazon pulling HQ2 out of New York?
They can’t, of course.This was one of the single most boneheaded political actions I have ever seen, and I say that as a liberal Democrat.It’s the Venezuelan philosophy of economics — kill the farmers and divide the crops.And then, well, oops.The greediest, most sink and swim Republican couldn’t have done more harm to the people of New York City.And that’s without even considering the importance of starting the kernel of a local IT industry, something that has otherwise mostly benefited other regions like Silicon Valley and Seattle, and that it sends a message — New York City is not open to business.By the way, I see people getting hung up on the tax incentive. While I agree thoroughly that the whole tax incentive thing should end, it has to be remembered that New York would not otherwise have received those taxes, that those incentives are normally offered to any business that moves to the City, and that if other locales are offering incentives, New York has to compete. It also has to be remembered that the net tax revenues would have been a huge plus to the City and State, and that the City’s taxes are already uncompetitive so that the tax breaks merely bring them to the level of other locales.And, really, if you care about housing the homeless or fixing the subways, the revenue has to come from somewhere.I take comfort from the fact that those jobs will still be created elsewhere in the country. But it scares me that we are sending representatives to Congress who are so stupid or ideological that they would make the Venezuelan mistake. -
DO I qualify for in state tuition in New York if I am out of state by taking a year off to work there for a full year. I also have an apartment there already and have a NY license as well as voter registration. I plan to stay there. Would this work?
If you do Not do any studying for that year, work in New York state, and pay for an apartment, then you should be OK for in-state tuition.However, why New York State? Are you that psyched for SUNY Binghamton or SUNY Stony Brook? Or do you believe you can get into one of the NY state sponsored colleges at Cornell?Cornell, yes But the others? They are good, but you might be better off living in Delaware or Maryland for that year and attending UDel or U Maryland as in-state. Just my personal preference, as someone who grew up in NY State and visited both SUNY campuses.All the best. -
How do I get a good sample of people, only from specific cities like Los Angeles, New York, or San Diego, to vote on my online poll or fill out my short survey online?
What about posting in their local Craigslist?
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