Partnerships
To form a partnership in New York, you should take the following steps:
To find out how to establish a partnership in any other state, see Nolo's 50-State Guide to Forming a Partnership. To read more about partnerships in general (including the difference between a partnership and limited partnership), see Nolo's section on Partnerships.
Choose a Partnership Name
In New York, a partnership may use the surnames of the individual partners or may use a fictitious business name. If you plan to use a fictitious business name, it must be distinguishable from the name of any other company currently on record.
File a Fictitious Business Name
If you use a business name that is different from the surnames of the individual partners, New York requires you to file a certificate of fictitious business name with the county clerk's office in the county where your business is located.
Draft and Sign a Partnership Agreement
A partnership agreement is not a mandatory legal requirement for establishing a partnership. However, it is a very important step to ensure there are no misunderstandings between you and your partners. A well-drafted partnership agreement will help you decide in advance how to handle certain situations.
Even well intentioned, honest partners can find themselves in a legal battle if they do not have a written partnership agreement memorializing their initial purposes.
Obtain Licenses, Permits, and Zoning Clearance
Your business may need to obtain business or professional licenses depending on the type of business activity you are engaged in. New York provides a comprehensive website of every occupation that requires a license by a partnership.
Obtain an Employer Identification Number:
Partnerships are required by the IRS to obtain an Employer Identification Number, or EIN. This is a nine-digit number issued by the IRS for tax reporting purposes. Partnerships must have an EIN regardless of whether or not they have employees. Registering for an EIN can be done online at the IRS website.
Next Steps
It is important to consider doing the following once you have created your partnership:
- General Question
For example, if you're in a partnership, you cannot make a deal to buy from a supplier at an inflated price with the understanding that you will receive a kickback from the supplier. It's a violation of your duty to the partnership, and your partners can demand an accounting from you regarding the deal. If you're found to have violated your duties, the partners can sue you for damages and strip you of your profits from the deal.
On the other hand, if you simply make a bad deal by signing a contract to pay a supplier an inflated price, the partnership will be forced to accept the deal. One of the potential drawbacks of a partnership is that the other partners are bound to contracts signed by each other on behalf of the partnership. Choosing partners you can trust, and who are savvy, is critical.
The only other rules would be found in a written partnership agreement. Such an agreement could outline procedures for making major business decisions, how profits and losses will be split, and how much control each partner maintains.
Why Syed Professional Services?
We are committed to providing high-quality partnership formation services that meet your unique business needs. Our team of experienced professionals is dedicated to delivering personalized solutions and support, so you can focus on growing your business. With us, you can expect:
Comprehensive Partnership Formation Services
Forming a partnership can be a complex and time-consuming process, but we are here to help. Our comprehensive partnership formation services include legal and regulatory compliance, contract drafting and negotiation support. We understand the complexities of partnership formation regulations and will ensure that your partnership is structured for success. Our contract drafting services provide a well-drafted, legally binding partnership agreement that protects your interests.
Tailored Solutions for your Business
We recognize that every business is unique. We know that a “one-size-fits-all” approach to partnership formation simply doesn’t work. That’s why we offer customized solutions that are tailored to your specific needs and goals. Our team of experienced professionals takes the time to understand your business including its strengths, weaknesses, and long-term goals.
Professional and Reliable Support
When it comes to partnership formation, it’s essential to have professional and reliable support. That’s why at Syed Professional, our team is made up of experts in partnership formation and business law. We pride ourselves on providing the highest level of professional support and guidance to help you navigate the complexities of partnership formation regulations. Our team is dedicated to staying up-to-date with the latest regulations and industry developments, so you can be confident that you’re receiving the most current advice and guidance. With our team on your side, you can be sure that your partnership is structured for success.
Our Partnership Formation Services
We provide a range of partnership formation services to help businesses of all sizes and industries form lasting partnerships. Our services include:
Legal and regulatory compliance
We help you navigate the complex legal and regulatory requirements of forming a partnership, ensuring that your partnership is in compliance with all relevant laws and regulations.
Contract drafting
Our team of legal experts can draft comprehensive partnership agreements that cover all aspects of your partnership, including governance, profit-sharing, and dispute resolution.
Negotiation support
We provide support and guidance throughout the negotiation process, helping you reach agreements that are fair and beneficial for all parties involved.
Partnership Dissolution Services
If you need to dissolve a partnership, we can provide legal support and guidance to ensure that the process is handled smoothly and in compliance with all relevant laws and regulations.
Partner with Us Today
If you are looking to form a lasting partnership with another business, look no further than Syed Professionals. Our comprehensive partnership formation services, tailored solutions, and professional support make us the ideal partner for businesses of all sizes and industries. Contact us today to learn more about how we can help you achieve your partnership goals.