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Texas Business Formation Questions & Answers
0 Answers | Asked in Business Formation and Business Law for Texas on
Q: I own a biz and am personally starting another biz with a partner as an LLC. How do I protect my original biz?

Everything for this new business is under my personal name and I am in Texas. If things go wrong, am I fine since it would come for me but not my other business?

0 Answers | Asked in Business Formation and Business Law for Texas on
Q: Can I start an online gambling business based on a game? Such as players playing head to head for wagers on tic tac toe?

Even if it is hosted on a foreign server that allows for gambling? Just curious to see what the legal ramifications are about creating and running an online game-based gambling game. Thanks!

1 Answer | Asked in Business Formation and Business Law for Texas on
Q: I am interested in starting a non profit fan site / fan group. What is the best 501 option?

I would prefer for it to be some type of corporation.

I saw this list: https://www.rocketlawyer.com/business-and-contracts/starting-a-business/non-profit-incorporation/legal-guide/types-of-non-profits

501(c)(7) doesnt really fit because we would not be limited to membership.... Read more »

Matthew Morris
Matthew Morris answered on Apr 5, 2022

Most lawyers who offer advice on a question like this will ask a lot of questions to dig deeper into the details before offering advice. I have about fifteen that I go through when somebody is asking for advice on whether to form a nonprofit.

First, some background to be sure we are on the...
Read more »

1 Answer | Asked in Bankruptcy, Business Formation and Business Law for Texas on
Q: Should my LLC be cancelled by administration?

If I receive a notice for a hearing to NOT revoke our "limited sales, exercise and taxes" while having small outstanding sales taxes, would I need to pay them if I'm looking to dissolve my LLC regardless?

We created a company that wasn't profitable and we ended up not... Read more »

Timothy Denison
Timothy Denison answered on Jan 30, 2022

You will still owe the taxes whether the LLC is dissolved or not.

1 Answer | Asked in Business Formation and Business Law for Texas on
Q: Do I need to get a foreign LLC in order to operate in Texas? Or can I just use the Anonymous LLC in New Mexico?

Question about Anonymous LLC from New Mexico.

If operating in Texas for an at home operated online business, but no items will actually be made in the home. It's a publishing company to have books made by Amazon or print on demand company's.

Jaime Victor Papa
Jaime Victor Papa answered on Jan 24, 2022

I recommend that you hire a business attorney, so that you are equipped to make the best decision for your business and are protected from liability.

1 Answer | Asked in Banking, Business Formation and Business Law for Texas on
Q: I want to file my DBA, can I shorten my DBA name or do I have include the entire name?

ie. The Bakery Shop vs The Bakery Shoppe Cupcakes & Treats

Jaime Victor Papa
Jaime Victor Papa answered on Jan 12, 2022

Yes, you can shorten your DBA name or use an entirely different name. I often work with clients to help them with this process.

2 Answers | Asked in Banking, Business Formation, Estate Planning and Real Estate Law for Texas on
Q: Can I get a loan for my current house, place it in LLC, rent it out, and use the money from the loan to buy a new house?

I am trying to find the best financial solution to invest in real estate. I have paid off my house and would like to move in 18 months. I like this house and would like to hold on to it as a rental property. I will need the proceeds, either through the sale of the house, or from obtaining a... Read more »

Jaime Victor Papa
Jaime Victor Papa answered on Jan 24, 2022

Yes, you can place your home into an LLC. I recommend that you meet with a business lawyer to assist you with this process. I also believe you should consider a revocable living trust, because you have homes in separate states. A revocable living trust will allow you to avoid probate court. With... Read more »

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1 Answer | Asked in Business Formation for Texas on
Q: is there legal trouble for registering an LLC with similar name compared to a business name in Australia.

started a moving business in Tx, registered an LLC then discovered there is a moving business in Australia, similar name but mine ends w/ "s".

Teri A. Walter
Teri A. Walter answered on Dec 13, 2021

Not unless you're doing business in Australia, or that company is doing business in Texas. If the Texas Secretary of State accepted the LLC's name, you're probably good.

1 Answer | Asked in Business Formation and Copyright for Texas on
Q: Is EssentialSkinCare LLC trade Mark ?
Marcos Garciaacosta
Marcos Garciaacosta answered on Nov 20, 2021

You need consult with an attorney to do a search.

1 Answer | Asked in Contracts and Business Formation for Texas on
Q: Ways to start a single member LLC as a subsidiary of a multi-member LLC for a retail store? Need 100% control.

I have 60% of the company and want to keep the same branding. But need to have full control of the new line. Can this be as simple as putting the agreement in the operating agreement and filing for a single member LLC where I have 100% control. My main goal is to keep the branding and customer... Read more »

Teri A. Walter
Teri A. Walter answered on Nov 19, 2021

It's doubtful that you could assume complete control of a product line of the original LLC simply by starting a new LLC, and even taking a new business opportunity from the original LLC may be problematic. Presumably you would also need to have ownership of that product line & branding... Read more »

1 Answer | Asked in Business Formation and Business Law for Texas on
Q: I have a LLC transportation business but want another business under the 1st business with only a EIN. Steps to take-TX

How do I select the EIN for my second company - would it be new company name DBA as the 1st company name

Jaime Victor Papa
Jaime Victor Papa answered on Oct 23, 2021

You can file an assumed name certificate to do business under the same entity as your transportation business with a different name. This will allow you to use the same EIN.

One issue with setting up your business in this manner is that if you are sued both your transpiration business and...
Read more »

1 Answer | Asked in Banking, Business Formation and Business Law for Texas on
Q: My friend and I want to start an investment LLC but we have stipulations we’d like to get in writing to legally outline

We have the idea but need to know what we’re missing since we feel that we’d need a lawyer to help us fill in gaps and assist us with questions as well

Teri A. Walter
Teri A. Walter answered on Aug 30, 2021

You need to contact a business lawyer in your area to discuss exactly what you mean by "an investment LLC" and what "stipulations" you want. It's possible that you're trying to do something you need to be licensed for, and/or for which you need to register the securities being sold.

1 Answer | Asked in Business Formation for Texas on
Q: Hello - i need help drafting an LLC operating agreement. Would appreciate any help on this matter.
Teri A. Walter
Teri A. Walter answered on Aug 24, 2021

You'll need to contact a lawyer in your area who does this. Because LLCs can be so flexible in how they're operated, and in separating the ownership from the right to run the company and the right to profits, LLC operating agreements can be either pretty simple or very complex, depending... Read more »

1 Answer | Asked in Business Formation and Business Law for Texas on
Q: Can my Ex wife use car awarded her in divorcebut still in my name until paid off to claim for her LLC roofing business ?
Teri A. Walter
Teri A. Walter answered on Jun 28, 2021

If she was awarded the car, she can use it for any purpose she wants, even if the lender won't allow a change on the title until the loan is paid off.

1 Answer | Asked in Real Estate Law, Business Formation and Business Law for Texas on
Q: Does a Washington state based LLC need to register as a foreign entity with Texas SOS?

Hi, I live in Washington State and I am formalizing a small business LLC from my home. The main purpose of my LLC is to purchase real estate property in Texas (residential homes), and put them up for rental. I will utilize a Texas based real estate company to purchase the home(s), and utilize a... Read more »

Brian J Elliott
Brian J Elliott answered on Jun 21, 2021

Yes - a foreign entity doing business in Texas needs to be registered with the Texas Secretary of State. However, an entity that is created for the sole purpose of owning real estate may not need to be registered in TX even though the property is located in TX. While the entity that conducts the... Read more »

1 Answer | Asked in Business Formation for Texas on
Q: If I form a professional corporation in Texas can I use an assumed name and attach PA at the end?

I am looking to form a new corporation but I want to be able to use the designator of PA on my assumed name not necessarily on my official filed business name. Is that an option? I am a physician.

Teri A. Walter
Teri A. Walter answered on Apr 12, 2021

No. A "PA" means professional association. A “professional association” is defined as an association, as distinguished from a partnership or a corporation, that is formed for the purpose of providing the professional service provided by: doctors of medicine, doctors of osteopathy,... Read more »

1 Answer | Asked in Business Formation, Business Law, Civil Rights and Environmental for Texas on
Q: I told a friend my credit scores he said he can get us a $2mil loan. What legal actions can I do?

He's in real-estate and said he can get me in as well using my credit scores.

Tim Akpinar
Tim Akpinar answered on Apr 21, 2021

A Texas attorney could advise best, but your question remains open for two weeks. As a general matter, a court might look at what you lost by relying on your friend's assurance - a loan that it looks like you would not have qualified for anyway. It sounds like your friend might have made a... Read more »

1 Answer | Asked in Business Formation and Patents (Intellectual Property) for Texas on
Q: can i sell my own smart mirror?
Liliana Di Nola-Baron
Liliana Di Nola-Baron answered on Mar 30, 2021

Is your smart mirror your invention or did you just make small modifications to an existing product? If you made some modifications to an existing product, is that product patented? If so, it is best to consult an attorney, who can review the patented product, and advise you on whether your... Read more »

1 Answer | Asked in Real Estate Law, Business Formation, Business Law and Civil Litigation for Texas on
Q: What steps to take when have a charging order signed by the judge the day before it was e-filed by plaintiffs attorney?

The creditor is also the Limited Partnership General partner and is covered under LLC that is not mentioned nor that the same person controls.each of these companies.

Teri A. Walter
Teri A. Walter answered on Jan 26, 2021

Sorry, without more details it's impossible to say what actions might be necessary or appropriate. If you're in litigation, you will need an attorney to represent your interests. They can review the order and status of the case and take the appropriate action if the order should not... Read more »

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