I want to start an Owner Operator Business. LLC.

In New York, a business corporation is formed by filing a Certificate of Incorporation under Section 402 of the Business Corporation Law (BCL). The Certificate typically does not include the names of directors. The corporation’s bylaws outline the procedures for electing and removing directors, and shareholders often enter into a shareholders' agreement to address governance matters. To remove a director, the process is generally governed by the bylaws. If no bylaws exist, the BCL provides that removal usually requires a majority vote of the shares entitled to elect directors, unless a higher threshold is specified in the Certificate of Incorporation or bylaws.

You can ask any of the attorneys on Contracts Counsel.

The ability to terminate an independent contractor agreement without cause typically depends on the specific terms of the contract. Many agreements include provisions for termination without cause, often with a specified notice period. If such a clause exists, either party can usually end the agreement for any reason, provided they follow the notice requirements. However, if the contract doesn't address termination without cause, or if it specifies that termination must be for cause only, then ending the agreement without a valid reason could potentially be considered a breach of contract. It's important to carefully review your agreement to understand your specific rights and options.

Hello! I'm so sorry that this has happened to you. So the downside here is that you're still bound to the lease, even despite these headaches. You're bound from the moment that you agree to rent the premises. This means that unless the landlord lets you out of it, you can't get out of it. There is a silver lining: 1. You could see if you can find a subtenant to rent it from you; 2. You can try to find someone to take over the lease agreement for you with the landlord's consent; 3. You could offer a settlement to the landlord, such as 1.5x the regular rent. 4. If you can't do either of those, then there is still some hope. Under the law, when a tenant breaks their lease there is an initial obligation or debt that the tenant owes to the landlord for any unpaid rent for the remainder of the lease. However, before the owner may claim such damages, s/he must mitigate (lessen) damages by making a good faith effort to re-rent the unit as soon as possible to try to cover any potential loss resulting from the lease-breaking. In other words, before a landlord can recover in court for the remainder of the lease (even for commercial leases), the landlord must make all reasonable efforts to find a new tenant to replace the old one. Best of luck! Dolan

Hello! My name is Dolan and welcome to ContractsCounsel.com! So with a "gross lease," the landlord takes care of operating expenses like property taxes, insurance, and maintenance costs like you imagined here. This means the landlord is responsible for keeping the building in good shape, paying necessary taxes, and ensuring it's properly insured. They're also in charge of repairs and maintenance, handling issues like structural problems, plumbing, and electrical systems. If something major breaks, it's on them to fix it. Also, if there are shared spaces like lobbies or restrooms, the landlord manages cleaning and upkeep for these common areas. What does this mean for you? This means your main job is to pay the agreed-upon rent on time. This fixed amount makes budgeting easier since you know what you're paying each month. It's often helpful especially in commercial leases because you only need to worry about paying the rent. In most cases, tenants are responsible for their own utility bills, like electricity and water; it depends on the lease terms, so it's good to clarify this upfront. We can review the terms for you! Just let us know. Thanks!