Not sure how it works in NY, but I’m considering starting my own LLC in Florida and I’ve looked into it extensively. If you’re going for an LLC with just you and your husband as the only employees/partners to start off with, things will probably be easier for a while at least, until you take on more employees. The taxes and liability/contractor insurance (which your husband will need since he’s doing physical labor on other people’s property) are probably going to be the biggest headaches (and the insurance is a risk as it’s an up-front expense).
Your state (and maybe even county) should have an online resource center for new small business owners. I’d google for that and start from there. (Probably here? http://www.ny.gov/services/business )
Whatever you do, you should have your husband do what is necessary to ensure that he’s going to have customers right away. I’m sure his current employer has rules about securing independent business while out representing them. Not knowing the specifics, you’ll want to make sure that he doesn’t violate any agreements he already has, and keeps things vague. Like “I’ve been thinking of starting my own company...” and see what the customer says, maybe following up with “and if I came calling, you’d be interested?”, that kind of thing. I assume he’s completely banned from securing contracts for his own work while still on the job where he is now, so even this is a risk.
At any rate, I wish you guys all the best!
Thanks, he is getting ready to gradually leave the current micro company that he works with (against my better judgement as the current owner is using the hvac side to prop up his failing appliance store biz)
Yes there is a blurb about no compete clause that I read for his current position.