Build your business the right way

If you want to start a business, do you know the first step in starting it in Texas?

To start a business, you need to understand the right structure for it to exist. It could serve you better to form it as a sole proprietorship or as a corporation. Each form has its own benefits. You could gain tax benefits from choosing the correct form of your business.

Forming a business in Texas

Many people ask us about incorporating online, using a non-attorney service or by using free legal forms. If you’re planning to make a living through or invest in your new business, the do-it-yourself legal kits might not be the most cost-effective alternatives to true experienced legal advice.

There are different types of business entities with their advantages and disadvantages. Your selection of entity should be made with the advice of a professional to ensure your objectives are met.

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.

Paying the right people

When it comes to the exchange of money, one of the first would be between you and an employer if your business needs it. The first step here is obtaining an employer ID for tax purposes.

Choosing the right location

Another consideration is location. Businesses are like plants: they need a place to grow. You need to determine if your cash crop is served by a simple pot or if it needs a garden in which to thrive. It takes a seasoned attorney who understands your business to help you decide if a small location or an entire building will provide your business with the best chance to grow.

Commercial space acquisition in Texas

Many businesses require special licenses and permits to operate in Texas. Your business may need to obtain a Certificate of Occupancy, called a "CO,” in order to comply with local ordinances. We can review your commercial lease and negotiate your lease.

If you are opening a restaurant, bar, or club in Texas, consider that restaurants in Texas require special care. Items of concern include commercial leases, parking lot leases, and landlord negotiations.

Set up a consultation to learn how the Law Offices of David L. Leon, PC can represent you in acquiring a commercial space to conduct business.

Buying and selling a business

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 all 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 the Law Offices of David L. Leon, PC for more information.

An attorney can help you form your business

If not certain what form your business will take, you probably need the legal assistance of an experienced attorney who understands the process of forming a business in Texas. The Law Offices of David L. Leon, PC founder David Leon can guide you through Texas’ numerous legal forms for businesses.

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Obtaining an employer 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.  

The Law Offices of David L. Leon, PC can assist you with governmental compliance, planning and zoning, and other license and registration issues either directly or by association with other professionals.

Company director and shareholder liability in Dallas, TX

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. Problems also may arise when minority shareholders are treated unfairly.

We can help you through these issues, including director and shareholder litigation actions. Contact the Law Offices of David L. Leon, PC to explore your options.

Out-of-state company transactions in Texas

If your company was formed outside Texas and you want to conduct business in Texas, you may need to "qualify.” Qualifying an out-of-state company to transact business in this state requires petitioning the Texas Secretary of State for a Certificate of Authority.  

Certificate of Authority application is one of the services we offer. If you have a Texas company seeking to transact business in another state, that state may require a Certificate of Authority, too. 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 or a Certificate of Existence for your business.

We can walk you through this process, perform it for you, or assist you by hiring an outside firm to complete the process. Contact business attorney David Leon to learn more.

Maintaining a business in Texas

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 also is known as a “fictitious name application.” We also help with the preparation of corporate resolutions, buy and sell agreements, and documentation of corporate meetings.

Attorney-drafted contracts for your company

We regularly draft, negotiate, and review 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 - and commercial leases. We also draft custom agreements for sales, representation, booking, radio and television broadcast time, and leases.

Past-due invoice collection lawyer

This tends to be one of the more common types of litigation. If a business offers goods and services on a revolving account basis to another and those invoices remain unpaid, litigation may be necessary.

The first step is to assemble all written documents exchanged between the parties. Next, a demand letter stating that the other party is in breach of the arrangement will be sent, detailing what the other side needs to do to rectify the situation.

Should the sides fail to reach a settlement, the side owed money can file a suit in which a representative of 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.

If you’re missing revenue due to overdue invoices, contact our office for a consultation.

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We help you do business the right way

Dealing with the complexities of starting or maintaining a business without legal representation can have devastating effects on a business. Founding attorney David Leon provides personalized solutions and will guide you through the process to ensure a healthy life for your company. Contact his Dallas law firm to set up a consultation.