Home Services Acquisition Attorney in New York

By Managing Partner Last updated

Acquisition Stars advises buyers and sellers on home services acquisition attorney matters across New York.

Serving clients across New York.

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Home Services Acquisition Attorney Practice in New York

Acquisition Stars advises buyers and sellers on home services acquisition attorney matters across New York. Alex Lubyansky leads every engagement, and has been M&A counsel since 2013 across transactions of varying complexity, from lower-middle-market deals to multi-party structures.

New York Transaction Considerations

  • New York City imposes its own General Corporation Tax (8.85%) and Unincorporated Business Tax (4%), effectively doubling the state-level tax burden for NYC-based businesses
  • Commercial rent tax applies to certain tenants in Manhattan below 96th Street, which can affect the valuation of acquired businesses with Manhattan leases
  • New York's Department of Financial Services (DFS) regulates financial services, insurance, and banking acquisitions with extensive review requirements

Discuss Your New York Transaction

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New York Legal Framework for Home Services M&A Legal Services

Non-Compete Agreements

Enforceable with three-pronged reasonableness test

Enforceable if reasonable in scope, duration (typically 1-2 years), and geographic area. Courts apply a three-pronged reasonableness test from the BDO Seidman line of cases. Non-competes must protect a legitimate business interest such as trade secrets or client relationships, must not impose an undue hardship, and must not be harmful to the public. Courts will partially enforce (blue-pencil) overbroad covenants.

Tax Considerations

New York imposes a corporate franchise tax with rates up to 7.25% on business income, plus alternative bases (capital, fixed dollar minimum). The state requires combined reporting for unitary groups. New York City imposes its own General Corporation Tax (8.85%) and Unincorporated Business Tax (4%) on businesses operating within the five boroughs.

Filing Requirements

Entity mergers and conversions require filing with the New York Department of State. Tax clearance certificates are required for asset purchases (Form AU-196.10). New York City requires separate business filings for city-level taxes. Foreign entities must obtain authority to do business.

Bulk Sales / Asset Purchases

New York repealed its Bulk Sales Act (UCC Article 6), but buyers face successor liability risk under state tax law. The Department of Taxation and Finance can hold acquirers liable for a seller's unpaid taxes if proper tax clearance certificates (Form AU-196.10) are not obtained before closing.

Other M&A and Securities Services in New York

Acquisition Stars handles M&A transactions for New York clients and works with securities counsel on securities matters. Alex Lubyansky leads every M&A engagement.

Ready to Discuss Your New York Deal?

Alex Lubyansky leads every home services m&a legal services engagement, with an associate supporting the work.

M&A counsel since 2013. Nationwide practice. LOI through closing.

Request Engagement Assessment

We review every transaction inquiry within one business day.

Your information is kept strictly confidential and will never be shared. Privacy Policy