PRACTICE AREAS

PRACTICE

AREAS

FORMATION OF CORPORATIONS & LIMITED LIABILITY COMPANIES

Our firm advises and represents small business in a broad range of business related services, beginning with a company's corporate structure.

Both new business ventures and existing business operations can benefit greatly from sound legal advice. Starting a business involves considering what type of business entity to organize. Each possible choice has potentially far-reaching consequences including tax implications, liability, and governance issues.

 

Your choice of a business entity, as well as how the organizing documents are drafted, can significantly affect your profitability and exposure to liability.

PARTNERSHIP AGREEMENTS

 

Entering into a business partnership is similar to entering into a marriage.  While no two partnerships are identical, there are numerous considerations that can be addressed prior to forming your company.

 

Once all issues are discussed and resolved by the partners, then an operating agreement (or in the case of a Corporation, a shareholder agreement) must be prepared. 

Estate Planning

ESTATE PLANNING AND WILLS/ TRUSTS: PROTECTING THE NEXT GENERATION IN YOUR FAMILY

Whether your estate is worth $400,000 or $4 million, protecting your assets and passing them on to your heirs require comprehensive analysis and careful planning. We provide counsel on all aspects of estate planning and administration, including:

  • Will and trusts: Based on your goals, we will help you select the appropriate estate planning arrangement.

  • Living wills, HIPAA Forms, health care proxies and powers of attorney: These legal documents can ensure that your wishes are carried out if you are incapacitated.

  • Tax and insurance planning: We can help you minimize or avoid inheritance and estate taxes.

  • Guardianships and conservatorships: If you need to take responsibility for a loved one’s care or finances, we can assist with the court process.

  • Should you use a Living Trust, Testamentary Trust or a Revocable Trust?

    • There are a variety of types of trusts and each one provides different benefits. Trusts can help you:

      • Manage Estate Tax
        Designate Heirs
        Care for Children with Special Needs
        Care for Minor Children
        Give to Charity

SPECIAL NEEDS TRUSTS

Parents or grandparents of a disabled child should leave assets to them in a special needs trust to avoid the child being disqualified from receiving government benefits, such as SSI and Medicaid.

 

The reasoning behind these special needs trusts is simple — prior to the protection now afforded by these trusts, parents would simply disinherit their disabled children rather than see them lose their benefits. A special needs trust can allow it to go to the disabled child for his or her extra needs, above and beyond what the state supplies

Residential & Commercial Real Estate Sales & Leases

LEASING, RESIDENTIAL AND COMMERCIAL

A Commercial Lease Agreement is a written contract entered into between a Landlord and a Tenant for a particular establishment which sets forth the rights and obligations of each party over a designated period of time.  

 

The lease you sign can have a profound impact on the success or failure of your business.  

  • Drafting legally sound documents

  • Protecting your investment

  • Understanding your obligations

  • Preventing problems

CLOSINGS, RESIDENTIAL AND COMMERCIAL REAL ESTATE

Our firm handles all aspects of real estate transactions from the initial preparation and review of the contract to representing you at closing. A real estate transaction is too important and valuable not to have the type of experienced legal representation that we can provide.

  • Reviewing Real estate purchase contracts and riders

  • Navigating Liens and title issues

  • Reviewing financing and loan documents

Small & Start-Up Businesses

 FORMATION OF CORPORATIONS & LIMITED LIABILITY COMPANIES
Our firm advises and represents small business in a broad range of business related services, beginning with a company's corporate structure.

Both new business ventures and existing business operations can benefit greatly from sound legal advice. Starting a business involves considering what type of business entity to organize. Each possible choice has potentially far-reaching consequences including tax implications, liability, and governance issues.

 

Your choice of a business entity, as well as how the organizing documents are drafted, can significantly affect your profitability and exposure to liability.

DRAFTING LLC OPERATING AGEEMENTS, CORPORATE BYLAWS & PARTNERSHIP AGREEMENTS

Entering into a business partnership is similar to entering into a marriage.  While no two partnerships are identical, there are numerous considerations that can be addressed prior to forming your company.

 

Once all issues are discussed and resolved by the partners, then an operating agreement (or in the case of a Corporation, a shareholder agreement) must be prepared. 

REGULATION D OFFERINGS & PRIVATE PLACEMENT MEMORANDUMS

Our private placement memorandum (PPM’s) are expertly drafted by our firm based on your specific funding requirements and business plan.

 

We do not use templates, and they should never be used because your partnership cannot be based on boilerplate text.

BUSINESS ADVICE & RISK MANAGEMENT

Operating a successful business can be very rewarding, but requires hard work, due diligence, common sense, and preparation. Today’s market is competitive, litigation is common and it is becoming much easier to run afoul of the ever changing law governing the multitude of licenses one must possess in order to legally operate.    

Our goal is to protect our clients from unnecessary risks by identifying and addressing legal issues before a problem develops. 

• Internal governance documents (e.g., bylaws or an operating agreement)

• Needing an operating agreement

• Applying for Business Permits and Licenses

• Setting up business bank accounts

• Negotiating vendor contracts and leases

• Applying for special licenses and permits

• Writing sales contracts

• Creating employment agreements and employee handbooks

• Navigating tax law

• Protecting intellectual property rights

ADVISING ON CORPORATE COMPLIANCE

How well a company's follows the laws and regulations governing its business determines its' success or failure. Laws will vary depending on your industry, where your business is based, and how you've chosen to structure your company. 

Anti Money Laundering (AML), Bank Secrecy Act (BSA), Know Your Customer (KYC), OFAC Compliance.

Our Firm provides the expertise and resources to assist clients in the identification, assessment and management of the risks associated with money laundering and terrorist financing.  Our advisory services are designed to ensure compliance with the latest regulatory requirements/guidance and our customized approach is applicable to a wide array of institutional structures, business lines and geographic markets.

HR Compliance and New York City Sexual Harassment Training.

The New York City law, “Stop Sexual Harassment in NYC Act,” applies to all employers with 15 or more employees, and requires annual sexual harassment training for all employees, interns, independent contractors, and freelancers in New York City. Employers in New York City must provide sexual harassment training to all employees and interns by December 31, 2019, and then must retrain each calendar year. On January 11, 2020, the sexual harassment training requirement in the New York City Human Rights Law (NYCHRL) was expanded in scope to include the requirement to train not just employees and interns but also independent contractors and freelancers.

 

NEW YORK POLITICAL & ELECTION LAW

Are you running for political office? You will need a trusted advisor to help you navigate the complex legal minefields involved in getting on the ballot, running a campaign and avoiding legal liability in managing volunteers and staffers. Legal advice and training is essential to securing a place on the ballot, the petitioning process, and the conduct of an election which involves the election law and campaign finance laws.

 

Campaigns need to create NYS Political Action Committees to raise funds, obtain an EIN and open a compliant bank account. Campaigns should have codes of conduct and clearly written job and volunteer descriptions. Non-disclosure agreements are essential.

Campaigns need to  review contracts before signing with possibly unscrupulous vendors and consultants.

Campaigns often may need to conduct research or send FOIL requests to obtain intelligence on opposing candidates.

Campaigns may need to file Election Law Complaints or file Emergency Orders to Show Cause. 

We keep your campaign on the offensive and help you navigate the competitive and complex legal environment of politics.

CONTACT

PASCUAL & PASCUAL, LLP

 

Disclaimer: Hiring an attorney is an important decision which should not be based solely on advertising. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

OUR MAILING ADDRESS

445 Broad Hollow Road, Suite 25

Melville, NY 11747

Email: aditi@pascuallawfirm.com
Tel: 631-601-6116

 

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© 2021 The Law Office of Pascual & Pascual LLP is ready to serve you.  We are a veteran-women and minority owned business. The Law Firm located in Suffolk County, NY and serves clients in and around  Brookhaven, Farmingville,  Selden, Centereach, Ronkonkoma, Hauppauge, Bohemia, Islip, Smithtown, Southampton, East Hampton, Stony Brook, Montauk, Riverhead, Melville, Huntington Station, Wyandanch, Deer Park, Kings Park, Cold Spring Harbor, Huntington, North Babylon, Greenlawn, West Babylon, Bethpage, East Northport, Lindenhurst, Amityville, Levittown, Copiague, Commack, Centerport, West Islip, Seaford, Brightwaters, Babylon, Wantagh, Dix Hills, Northport and Suffolk County. Also, we are available in  Nassau County, Hicksville, Queens County ,Forest Hills, Manhattan, Soho, Midtown East, Midtown West, Financial District (FIDI), Upper West Side, Upper East Side.

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