Legal Question in Business Law in New York

We have a home care agency licensed by the state of NY. Someone is interested in purchasing the license from us. How do we go about that? what are the steps and the fees involved. We never actually started the business but the license is valid. Thank you.

Asked on 7/17/17, 12:26 pm

2 Answers from Attorneys

Frank Natoli Natoli-Legal, LLC

It sounds like you are selling the business as a stock purchase included in that is the license. It is not clear whether that license attaches to the person as well as the business. For example, if I have been convicted of fraud can I still lawfully be licensed? Or is it related solely to the business? Also, regards to Medicare billing there is a rule that requires the business to be in operation for at least three months (I believe) before a new owner can take over. If this is relevant to your situation you should look into that.

I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with.

If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Our firm is now referred by the American Bar Association (see under the New York section):

Kind regards,



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Answered on 7/17/17, 12:44 pm
Roman Fichman Esq. Law Practice of Roman Fichman Esq.

The good news is that you seem to have found a buyer which is the biggest hurdle when selling any business. For home care agencies, if the buyer is buying more than 10% of the agency then under section 3611-a the buyer needs to be approved by NYS. If the buyer has previously been pre-qualified by NYS then the change in ownership may be exempt from a re-filing.

As far as the selling of the business part, the further good news is that the process is similar to selling other types of professional practices so the paper work for the most part is standard.

Happy to chat further directly. Give me a call anytime.

Roman R. Fichman, Esq. │ @TheLegalist

email: Info (@) TheLegalists (dot) com

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Disclaimer: This post has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice or be relied upon. No intention exists to create an attorney-client relationship or any other special relationship or privilege through this post. The post may contain errors, inaccuracies and/or omissions. You should always consult an attorney admitted to practice in your jurisdiction for specific advice. This post may be deemed as Attorney Advertising.

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Answered on 7/17/17, 1:23 pm

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