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www.dallasbusinessattorneys.com |
Texas Lawyer Practice Areas: Business Law
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 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.
Business formation in Texas -
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.
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.
Selling
a business in Texas or Buying a business in Texas - 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.
Business
Owner Disputes, Officer and Director Liability - 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.
Out of state businesses
wanting to do 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.
General business transactions and corporate maintenance - Companies in Texas may need certain
documents
drafted for them. 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).
Business contracts (see
Contracts, below) - 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.
Suits
to Collect Past Due Invoices Commercial Collections- 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.
Texas
business licenses, permits and
code compliance - 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.
Opening
a restaurant, bar or club in Texas - Restaurants in Texas
require special care. Items to consider include commerial leases,
parking lot leases and landlord negotiations.
Franchise
and Distribution law in Texas - Please see our franchise and distrubtion law page,
and our frequently asked questions about
franchise law.
- Cases may be worked on
jointly or referred. Even if you do not see
your specific issue listed here, please feel free to call our law firm.
One of our attorneys may still be able to help, or send you to a lawyer
referral service. For more information call us at 214.696.0021 or email . (Be
sure to read our disclaimer
first.)
Please click below for more information about our law firm’s other
legal practice areas:
Business
formation, business
entities and transactions
Commercial
& residential real estate
Contract
drafting, breach of contract
and review
Franchise and
Distribution Law
Insurance,
bad faith and deceptive
trade practices
Patent,
trademark, copyright, licensing,
infringement & intellectual property
Personal injury, slip and fall, premises liability and wrongful death
Probate, guardianships, wills & estate planning
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The Law Office
of David L. Leon, PC
Dallas, Texas
Offering
litigation and transactional services in the areas of
business, real
estate, intellectual property, personal injury, estate planning and
probate.
The Texas
attorney responsible for this site is David L. Leon
Neither this site,
nor email communications create an attorney client relationship.
Please read our Disclaimer
before contacting us.
Telephone:
214.696.0021