As
a lawyer in Dallas, Texas, I receive a number of inquires regarding
business formation, operation and litigation from people. I have listed
a few of the most frequently asked questions about businesses in Texas
that I have received. If you have an issue that you do not see here,
please feel free to contact
our firm or call us
I
want to start
a business in Texas. What is the first step in starting a business in
Texas?
Typically,
the first step in starting a business in Texas is the formation of the
company. Texas has several legal forms of business models available,
and our Dallas attorneys and asset protection consultants can assist
you with your choice of entity. Our law firm can assist with the
formation of Texas corporations (selection of a subchapter C
corporation or S corporation), formation of a Texas limited liability
company (LLC), general and limited partnerships (GP or L.P.), limited
liability partnerships (L.L.P.), professional entities (Texas
professional limited liability partnerships -- P.L.L.C., Texas
professional corporations -- P.C., and Professional Associations,
P.A.s) and Texas sole proprietorships (d/b/a or doing business
as). Our Texas law firm can assist you in selecting the
appropriate entity for your business, the formation and operation of
the business as well as maintenance, contracts, and litigation. Contact us for
more information or call us
at 214-696-0021
Why would I use an attorney to form a business
in
Texas? Aren't there online business start up forms?
Many
people have asked us about incorporating on-line, using a non-attorney
service or by using free legal forms. If your new business is something
in which you plan to make a living, or in which you plan to invest
money, self-service incorporation or do-it-yourself legal kits might
not be the most cost effective move. There are many different types of
business entities, each with their own advantages and disadvantages.
Your selection of entity should be made with the advice of a
professional to ensure that your objectives are met. Additionally, once
a charter is issued, there is more paperwork to do, such as initial
organizational meetings, drafting of operational documents (bylaws,
operating agreements, regulations, etc.) and business succession
matters. Click here to contact us for
more information orclick
here to call us at 214-696-0021,
How do I obtain
an Employer Identification
Number from
the Internal Revenue Service (IRS tax ID) ?
Once
you have your business formed, you will need to obtain a Federal Tax
Identification Number using an IRS SS4 Application for Employer
Identification Number. The tax identification number is crucial for
your business, as you will need it in order to open your commercial
bank account. Additionally, the number is required for preparation of
your various tax documents. Please see our Links page to
obtain
information about various business taxation and other governmental
agency compliance issues. Our law firm can assist you with governmental
compliance, planning and zoning, and other license and registration
issues either directly, or by association with other professionals. Click here to contact us for
more information or click
here to call us at 214-696-0021,
I want to buy or sell a business in Texas. Do I
need a
lawyer?
There
are a variety of ways to buy and sell business in Texas. Common ways
include sales of all assets, stock or unit transfers and mergers.
Business brokers may or may not be involved. We can assist you with the
various aspects of this type of commercial transaction. Some items to
consider are applicable code compliance, employee retention, UCC liens,
commercial leases, goodwill and the value of the furniture, fixtures
and equipment that you are buying. Contact us for
more information.
Can an officer or director of a company be
liable to
the shareholders for actions taken on behalf of the company?
There
are times the officers and directors may be liable for their actions
taken on behalf of a company. Additionally, directors and officers owe
specific duties of loyalty to the company. Breaches of these duties are
actionable. Also, problems may arise when minority shareholders are
treated unfairly.Click here to contact us for
more information orclick
here to call us at 214-696-0021,
I have a company formed in another state. How
can I
legally transact business in Texas?
Out
of state companies wanting to transact business in Texas, may need to
"qualify" to transact business in Texas. Qualifying an out of state
company to transact business in Texas requires petitioning the Texas
Secretary of State for a Texas for a Certificate of
Authority.
Certificate of Authority applications is one of the services we offer.
If you have a Texas company that is going to transact business in
another state, that state may require a Certificate of Authority. In
order to get that state to issue your company a Certificate of
Authority, we can request the Texas Secretary of State to issue a
Certificate of Good Standing and / or a Certificate of Existence for
your corporation. Again, we can walk you through this process, perform
it for you or assist you by hiring an outside firm to complete the
process.Click here to contact us for
more information orclick
here to call us at 214-696-0021,
I have a business in Texas. What do I need to do
in
order to keep it maintained?
Companies
in Texas may need certain documents drafted for them. Consider this the
proper "care and feeding" of your new company. We regularly assist with
state compliance issues, such as change of registered agent,
reinstatement of a forfeited entity or franchise, termination of a
business, and changing the name of a business ("doing business as"
registrations for individuals and corporations is also known as a
fictitious name application), We also assist with the preparation of
corporate resolutions, buy sell agreements, and documentation of
corporate meetings (minutes). Click here to contact us for
more information orclick
here to call us at 214-696-0021,
I need to have
some contracts drafted for my
company.
Can your lawyers help?
We
regularly assist with the drafting, negotiation and review of business
contracts. We handle contracts including buying and selling businesses,
joint venture agreements, employment agreements, (including non-compete
contracts, employment agreements and non-disclosure agreements),
commercial leases and the like. We also draft custom agreements
including sales, representation agreements, booking agreements, radio
and television broadcast time agreements and leases. Click here to contact us for
more information orclick
here to call us at 214-696-0021,
Another company owes me for a past due invoice.
Can
you file suit to collect?
This
tends to be one fo the more common types of litigation. Essentially, a
business will offer good and services on a revolving account
basis to another. When those invoices remain unpaid, litigation may be
necessary. The typical first step is to assemble all written documents
exchnaged between the parties. Next, a demand letter stating that the
other party is in breach of the arrangement would be sent, detailing
what the other side needs to do in order to rectify the situation.
Should the sides fail to reach a settlement, then the side owed money
can file a suit in which a representative the company that issued the
invoices swear to the truthfulness of the invoices. This is called a
"sworn account suit" This forces the other side to have to
file a
sworn answer stating that they do not owe the invoices. Click here to contact us for
more information orclick
here to call us at 214-696-0021,
I want to rent a commercial space for my
business.
What do I need to do?
Many
types of businesses require special licenses and permits in order to
operate in Texas. For example, your business may need to
obtain a
Certificate of Occupancy (called a "C.O.") in order to comply with
local ordinances. We can also review your commercial lease, and assist
with your lease negotiations. Click here to contact us for
more information orclick
here to call us at 214-696-0021,
If
you are opening a restaurant, bar or club in Texas then please consider
that restaurants in Texas require special care. Items to consider
include commerial leases, parking lot leases and landlord negotiations.
I want to open a franchise in Texas. I want to franchise my business in
Texas. Can your attorneys help?
Copyright
(c) 2008-10 The Texas lawyer responsible for this site is David L.
Leon.
Primary office in Dallas, Texas. Matters may be worked on jointly or
referred. Please our disclaimer
before contacting our firm. Contact with our firm alone does not create
an attorney client relationship.
