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Texas Business Law Questions & Answers
1 Answer | Asked in Criminal Law, Employment Law and Business Law for Texas on
Q: I work for a hotel chain which is individually owned operating under a well known corporation. ( La Quinta Inn and Suite

I work for a hotel chain which is individually owned operating under a well known corporation. ( La Quinta Inn and Suites by Wyndham ) Wyndham offers members the ability to earn points on each stay that can be used for discounted rates/free nights. as a desk agent, I have the OPTION, not mandatory... View More

John Michael Frick
John Michael Frick
answered on Sep 29, 2023

Clearly yes. You intentionally took something of value that did not belong to you without the owner's consent. You should hire a criminal defense attorney ASAP.

1 Answer | Asked in Consumer Law and Business Law for Texas on
Q: Hi I lost a fraud case that I should've won for my business help please!

A card was reported stolen for a couple thousand of dollars. I completed the work and never received the money on top of that the CRM/Payment I use is taking the money from my incoming payments to pay back the debt. They were incharge of disputing the case on my behalf with the information I sent... View More

John Michael Frick
John Michael Frick
answered on Sep 11, 2023

If there has already been a lawsuit which you have lost, you have 30 days from the date the final judgment was signed to file an appeal. On appeal, you will be limited to the evidence and legal arguments contained in the appellate record. You should retain an experienced appellate lawyer to... View More

1 Answer | Asked in Tax Law, Business Law and Agricultural Law for Texas on
Q: Can livestock be raised and sold to fund a local hospital?

12,000 acre ranch was left to the community for the purpose of maintaining and funding the local hospital. The ranch also gets proceeds from natural gas royalties and leasing out hunting. For years they have raised and sold livestock to benefit the hospital. New board member states this is illegal

James L. Arrasmith
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answered on Sep 14, 2023

The legality of raising and selling livestock to fund a local hospital on a community-owned ranch depends on the terms and conditions set forth in the original bequest or trust that left the ranch to the community. If the bequest explicitly permits such activities for hospital funding, it may be... View More

1 Answer | Asked in Business Formation, Business Law and International Law for Texas on
Q: Good morning! I have a small business which mainly operates online here in Texas. I have a DBA and a TX sales tax permit

But coming this fall we are moving back to our home country (Philippines). I do reselling of printed items, my suppliers are US based as well as all my costumers. I wish to still continue by business since I can still manage it even if I am abroad. What other permits I need to operate my business... View More

James L. Arrasmith
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answered on Aug 29, 2023

Since you're planning to operate your Texas-based online business from the Philippines, you'll need to maintain your Texas sales and use tax permit and DBA, but you should also consult tax professionals regarding any applicable Philippine business permits and tax obligations. U.S. federal... View More

1 Answer | Asked in Contracts and Business Law for Texas on
Q: I'm looking to purchase a gym. However, the owner owns the equipment and buildingnis leased in his name.

His ex-manager has the LLC in his name. Both are in dispute and not talking to each other. One wants to sell the equipment and told me I can start over with a new name. Can he do this?

T. Augustus Claus
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answered on Aug 28, 2023

In the situation you've described, where the gym owner, the ex-manager, and the equipment are all involved, there are several legal and business considerations to take into account.

Firstly, the ownership of the equipment and building should be clarified. If the gym owner owns the...
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1 Answer | Asked in Contracts and Business Law for Texas on
Q: Do both parties need to be present when a POA form is notarized?

My buddy is incarcerated and wants to sign a power of attorney naming me his agent so I can assist with his financial duties and whatnot. I know they have a notary public that works at the jail he's incarcerated at so that's not a problem. My question is, can I fill out my portion of the... View More

John Michael Frick
John Michael Frick
answered on Aug 15, 2023

A POA is completed and signed only by the principal (your buddy) before a notary public. There is no portion of the form for the agent (you) to fill out or sign. So you do not need to be present when your buddy fills out and signs the POA.

1 Answer | Asked in Employment Law and Business Law for Texas on
Q: Should Valet Trash Porters be considered W2 employees or 1099 Contractors? I've seen both in the industry.

Valet Trash Porter - A person that goes door to door to pick up the trash for the residents at a condominium or an apartment complex.

John Michael Frick
John Michael Frick
answered on Aug 14, 2023

It depends.

A 1099 independent contractor controls the manner, means, methods, and details of their work and is generally compensated based on an agreed price for the task to be performed. That means they are paid the same for the result without regard to how long it may take, but they...
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2 Answers | Asked in Tax Law, Business Law and Trademark for Texas on
Q: Wanted to know about the sales tax in Texas.

How can I apply for a sales tax permit ?

John Michael Frick
John Michael Frick
answered on Aug 1, 2023

Online at https://comptroller.texas.gov/taxes/permit/

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2 Answers | Asked in Consumer Law, Business Law and Securities Law for Texas on
Q: If insurance broker spends time with you to sell a product & you decide not to buy, can they invoice you for their time?

-Attended seminar for Medicare/Social Security in Feb 2023

-Met with RetPlnr in office who also began to discuss retirement planning during the initial visit

-RetPlnr informed of us annuities available that we may be interested in

-RetPlnr noted they worked on commission... View More

John Michael Frick
John Michael Frick
answered on Jul 28, 2023

A retirement planner and an insurance broker are two very different occupations. A retirement planner usually provides financial advice to customers on an hourly fee basis. Retirement planners typically do not directly sell financial products, including insurance annuities. They may, however,... View More

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1 Answer | Asked in Business Law, Civil Litigation and Contracts for Texas on
Q: What is the best recourse after a client breaches contract with our company?

Their business is potentially going under which is why they have defaulted.

The obvious first thoughts are to file a lawsuit.

Are there other easier alternatives to filing a lawsuit such as possibly filing a lien on the commercial property or possibly filing a claim with either our... View More

John Michael Frick
John Michael Frick
answered on Jul 26, 2023

Basic maintenance and janitorial services are not the type of service that give rise to potential lien rights under Texas law. The cleaning of construction debris might.

I can't think of a type of insurance policy that is likely to cover a failure to pay for services breach of...
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1 Answer | Asked in Consumer Law, Contracts and Business Law for Texas on
Q: i owned a business & had a equipment lease for a credit card machine. i sold the business and leasing co. demands paymen

i asked co. if they wanted equip. back, they said yes. i returned it, they still want money, what are my options

John Michael Frick
John Michael Frick
answered on Jun 29, 2023

It depends on the language of the equipment lease, the type of business, and the PSA pursuant to which you sold the business.

If the Lessee on the equipment lease is the business entity you sold, and you did not personally guaranty the lease, and the business entity you sold is a...
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1 Answer | Asked in Contracts, Business Formation and Business Law for Texas on
Q: Fired from a partnership, can I get compensated?

I came to a partnership with someone 50/50. However, before my shares became vested (at a one year mark) I was fired and my partner indicated that he was voiding the agreement. Nonetheless, he is keeping the software and all the work that I put in. My question is whether if I have any right to... View More

John Michael Frick
John Michael Frick
answered on Jun 12, 2023

Your rights and obligations will depend heavily on the wording of the partnership agreement, along with any other written communications discussing the agreement since you say the agreement itself is vague. You should schedule a consultation with a business litigation attorney in or near the... View More

1 Answer | Asked in Business Formation and Business Law for Texas on
Q: If I am the sole member manager of a Wyoming LLC, is it allowable for me to work in Texas as a remote employee of LLC?
John Michael Frick
John Michael Frick
answered on Jun 5, 2023

Yes. Being the sole member manager of a Wyoming LLC does not automatically preclude you from working for another LLC as a remote employee. Many people have their own LLCs for side gigs while working a full- or part-time job for another company.

Just remember to register your Wyoming LLC...
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1 Answer | Asked in Business Law for Texas on
Q: Is a non compete in breach if someone’s business is in another county but they took one of your clients?

My business that I just purchased is in the same county as the client that was taken by the former owner and they (the former owner) have another location one county over.

John Michael Frick
John Michael Frick
answered on Jun 5, 2023

It depends on the geographic area specified in the non-compete.

2 Answers | Asked in Business Law, Contracts and International Law for Texas on
Q: Have an international order case with a LA company, and they want to terminate the contract. how to I get money back.
Tim Akpinar
Tim Akpinar
answered on Jun 12, 2023

A Texas attorney could advise best, but your question remains open for two weeks. The most direct way is to ask for it. The reason you're posting your question here might be because you might have doubts with that approach. Another option, if you are not able to resolve the matter amicably, is... View More

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2 Answers | Asked in Business Law and Contracts for Texas on
Q: my contract says I can cancel at 05/02 in big bold print but the manager says I have to wait 60 days is that legal

It's a gym contract, I'm being told two different things

John Michael Frick
John Michael Frick
answered on Apr 24, 2023

When there is a difference between what you are being verbally told and what is clearly stated in a written contract, go by the written contract.

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1 Answer | Asked in Business Law and Employment Law for Texas on
Q: Is it illegal for a company to force you to use personal items for company business?

If the company you got a job at makes you use your own personal phone for company business and refuses to pay for said use, is that illegal? If no, why. If yes, then how can I make them pay?

John Michael Frick
John Michael Frick
answered on Apr 23, 2023

No it is not illegal. There is no law that requires a company to provide employees with a phone. If you do not have an agreement with your employer that requires it to provide you with a phone, the employer can require you to use your own phone.

1 Answer | Asked in Business Law and Civil Litigation for Texas on
Q: Am I legally obligated to return equipment to a company I turned down?

I turned down a job offer and communicated to the recruiter. 1 week later they send me the equipment. I have emailed them to have the equipment picked up with no response. Am I legally obligated to return it or can I use it or get rid of it?

Tim Akpinar
Tim Akpinar
answered on May 3, 2023

A Texas attorney could advise best, but your question remains open for four weeks. You don't want to simply get rid of the equipment. They could likely sue for recovery of the value. If the items are not bulky, such as laptops or monitors, ask the company for a shipping label. Good luck

1 Answer | Asked in Business Formation and Business Law for Texas on
Q: Operating agreement expired 06/22. Decided not to continue & distributed profit removed members they demanding close LLC
N'kia (NLN)
N'kia (NLN)
answered on Apr 7, 2023

It's not clear exactly what your question is. You may want to try posting again and including a question. Good luck!

2 Answers | Asked in Business Law, Criminal Law and Small Claims for Texas on
Q: Is there a law that covers interstate theft of service? Regarding Instrument rentals not paid for or returned to us.

We are a small business that rents ($700-$8,000) instruments nation wide. We have delinquent accounts that we have not been able to recover the money or the instrument. I would like to sight a legal statute in our delinquency letters. I would also like to be able to use legal recourse when I can.

John Michael Frick
John Michael Frick
answered on Mar 30, 2023

While I know of no law that specifically covers “interstate” theft of service, section 31.02 of the Texas Penal Code clearly covers your situation.

It is fairly complex when it comes to a person not returning rented items. There are somewhat different provisions if it was a...
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