Legal Question in Business Law in New York

Parent company and sub companies..good idea?

Good morning everyone.

So my original company is growing and now offers multiple services, which on their own is usually performed by seperate companies. Due to this fact, I am thinking of forming 5 seperate companies and leaving my original company as the parent company. I heard this also protects the overall assets of your company because someone can sue one company but not go after the rest.

My question is, should I form LLC's as the sub companies? The parent company is an S-corp and I believe I may not have a choice or should I form an LLC as the parent company and make the rest S-corps?

I really like the S-corp model...


Asked on 5/18/07, 8:56 am

4 Answers from Attorneys

Johm Smith tom's

Re: Parent company and sub companies..good idea?

Mr. Silber is correct; both concepts work but you need an attorney to go over all the facts and structure this to maximize simplicity and protection of assets and minimize tax liability. Feel free to contact us; you may benefit from having some of your companies based in another state, but again it depends on what they do and how.

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Answered on 5/18/07, 10:59 am
Steven Czik CZIK LAW PLLC

Re: Parent company and sub companies..good idea?

This area of law is our specialty, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

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The information provided by The Law Offices of Steven J. Czik (LOSJC) is for general educational purposes only. There is no attorney-client relationship established by this communication and no privilege attaches to such communication. LOSJC is not taking and will not take any action on your behalf and will not be considered your attorney until both you and LOSJC have signed a written retainer agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain LOSJC on terms acceptable to LOSJC, you are advised to immediately seek the services of another attorney.

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Answered on 5/18/07, 5:18 pm
Christopher Hoyt The Law Offices of Christopher W. Hoyt

Re: Parent company and sub companies..good idea?

You are correct in your understanding. However, I would strongly recommend that you consult with both an accountant and a business attorney prior to choosing an entity. Given the size of the undertaking you will want to factor in issues such as publication costs (required for LLCs) along with tax implications (for example if you are doing business in NYC the city does not recognize the S-election for tax purposes). Without more information I am unable to advise you on which of the entities would be the best fit for your situation. They each have their own benefits and drawbacks. My firm has extensive experience in this area of law. Please feel free to contact my office if we can be of assistance in this matter.

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Answered on 5/18/07, 6:27 pm
Meyer Silber The Silber Law Firm, LLC

Re: Parent company and sub companies..good idea?

The protection you seek can be obtained by both a LLC or S-Corp, but to answer more fully, additional facts, such as other shareholders, are required. If you go the LLC route, remember that the publication rules have changed (see my website). I'd urge you to consult with an attorney or accountant before you decide how you will go. Please let me know if you need further assistance.

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Answered on 5/18/07, 9:37 am


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