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FAQ

Frequently Asked Questions
Quick answers to the most frequently asked questions about business Law. Of course, you should always consult a business attorney before making any final decisions. Call Us (832) 621-0766
Do I need an LLC/Corp for my business?
The best business structure varies on a number of factors including the type of business, the number of owners, shared responsibilities, and plans for the future.
Should I be incorporated as an S-Corp?
An S-Corp is actually a tax designation, not a business organization structure. Make sure to select your ideal business organization first before addressing the business’ tax designation.
Do I need a Partnership Agreement?
Absolutely. If you are going into business with anyone--even a family member--a partnership agreement is critical to your success. A good partnership agreement establishes guidelines for how the business should be run, outlines the process for conflict resolution, and simply ensures that everyone is on the same page. This shared understanding of how the business will operate helps to minimize confusion and prevent avoidable conflicts.
Do I need a lawyer to start a business?
No, you can file any required forms without the assistance of an attorney. However, it’s still beneficial to consult an attorney beforehand to 1) Ensure that you are pursuing the ideal business structure, and 2) Guarantee that your applications are submitted correctly.
What should I do if someone is using my work (research, photos, artwork, name, branding) without my permission?
Potential infringement is a serious issue. Thankfully, there are multiple ways of dealing with it, ranging from a cease and desist (also known as a “take down notice”) to formal litigation. Contact us today to discuss which course of action is best suited for your specific case.
I received a cease and desist and/or takedown notice- What do I do?
This is one of those “it depends” scenarios. Do you possess ownership of the work in question, and can you prove it? If not, do you have an existing licensing agreement for the work and the associated documentation to verify it? Contact us today to determine the right course of action for your specific case.
Do I need a trademark?
Trademarks offer invaluable brand protection and recognition. In short, you are not legally required to have a trademark. However, if you are investing in marketing or branding to any degree, it’s in your best interest to protect that investment with a trademark. Otherwise when an individual or a competitor infringe on your brand marks, you will have no legal footing to combat or deny them. It’s also beneficial to ensure that you are not infringing on someone else’s trademark before investing the capital to build your brand around it.
My company wants me to sign a Non-compete/Non-disclosure/employment agreement.... Is that legal?
This is another common question that depends on largely on the specific contract in question, since contracts come in many different shapes and sizes. Depending on the terms of the agreement, it may or may not be enforceable. For example, non-compete clauses are legal in Texas so long as they abide by a specific set of restrictions. Contact us today for a thorough review of your specific contract in question.
As a service provider, what terms should I include in my service contract?
Your contract is completely dependent on the services you are providing, and importantly not providing. As you can imagine, a service contract for a landscaping company will look and operate entirely different from the service contract for a business consultant. Forming a nonprofit in Texas involves largely the same process as opening any other business. After filing the appropriate form with the Secretary of State, you’ll need to take additional steps for obtaining tax exemption from the Internal Revenue Service as well as the State of Texas Comptroller. Learn more about nonprofit formation, or contact us today for expert legal advice for your specific nonprofit. Forming a nonprofit in Texas involves largely the same process as opening any other business. After filing the appropriate form with the Secretary of State, you’ll need to take additional steps for obtaining tax exemption from the Internal Revenue Service as well as the State of Texas Comptroller. Learn more about nonprofit formation, or contact us today for expert legal advice for your specific nonprofit. about service provider contracts, or contact us today for expert legal advice on your specific service contract.
How do I form a nonprofit in Texas?
Forming a nonprofit in Texas involves largely the same process as opening any other business. After filing the appropriate form with the Secretary of State, you’ll need to take additional steps for obtaining tax exemption from the Internal Revenue Service as well as the State of Texas Comptroller. Learn more about nonprofit formation, or contact us today for expert legal advice for your specific nonprofit.
What is a Registered Agent?
The registered agent is the individual who receives official mail and service of process for your business. It must be a person or company with a physical mailing address. Typically the business owner is listed as the registered agent, but someone else can agree to be appointed if the business owners agree to it.
What is a Responsible Party?
The Responsible Party is an IRS designation that identifies the person or entity that controls, manages or directs the business and their funds. This is a critical component to effectively running and managing your business.
Additional questions? Call (832) 621-0766