Lawyers, Answer Questions  & Get Points Log In
Texas Business Formation Questions & Answers
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 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 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 »

1 Answer | Asked in Business Formation for Texas on
Q: I do not want to pay high business taxes in New Jersey - can I open a new LLC in Texas without a physical address there?

I would like to operate worldwide with partners and employees remote and distributed worldwide. We will be a staffing agency and IT advisory consulting firm. I want to headquarter it in Texas but have no physical office.

Allison Higgins
Allison Higgins answered on Dec 22, 2020

Yes, you can use a registered agent instead of a physical office address. You'll have to pay a small fee, usually around $50/year for the registered agent. Many people do this when they run a business from their home.

1 Answer | Asked in Copyright, Business Formation and Business Law for Texas on
Q: I have celebrities on my clothing brand. could I get sued?

I want to start a clothing business and I have celebrities on some of my clothing. could I get sued? if so how could I get around that? If I still decide to proceed with this particular design should I file for an LLC?

Allison Higgins
Allison Higgins answered on Nov 9, 2020

Hi there. Unfortuntely there is not a clear yes or no answer to your question without more information. It depends on how the celebrities are portrayed and if your products fall under fair use or satire exceptions, among other things. You should speak with a Texas trademark and copyright lawyer to... Read more »

2 Answers | Asked in Consumer Law, Business Formation and Business Law for Texas on
Q: Do I need to incorporate as a nonprofit to market my business as one when I won't be accepting donations or grants?

Hello!

I want to convert my marketing business into a nonprofit organization.

My mission is to utilize economic development to improve the conditions of local communities, creating successful small businesses that give back to the community.

That mission is obviously... Read more »

Kacie Marie Czapla
Kacie Marie Czapla answered on Nov 2, 2020

If you want to hold yourself out as a non-profit, then yes, you must be a non-profit. To become a non-profit, you must (1) create an entity with the Secretary of state and (2) file a 501(c)(3) application with the IRS. You cannot do this without an attorney and/or a CPA. Try to find an attorney who... Read more »

View More Answers

1 Answer | Asked in Business Formation for Texas on
Q: Do I need a LLC or PLLC for a licensed for HVAC company in Teaxs?
Allison Higgins
Allison Higgins answered on Oct 25, 2020

Hello. Thanks for reaching out with this question. According to the Texas SOS website, A/C contractors can only create LLCs or for-profit corporations. It is advisable that you contact a licensed attorney and/or accountant to help determine the best business structure for your goals.... Read more »

1 Answer | Asked in Banking, Business Formation and Business Law for Texas on
Q: Can payments made out to my actual name be deposited in the LLC bank account as a pass-through then pay myself a salary?

I'm an insurance agent hired as a 1099. I formed the LLC w/ S corp tax designation, but my agency can't pay my LLC unless it is licensed with the state. That requires I carry a 500k E&O policy, which costs approx. 1k/yr. Would I be able to deposit checks made out to my name into... Read more »

Kacie Marie Czapla
Kacie Marie Czapla answered on Oct 6, 2020

I don't see any reason why you could not do this provided you 1) ensure your salary is reasonable based upon fair market comps 2) issue yourself a W-2 at year end 3) pay estimated payroll tax payments monthly (or bi-monthly depending on how often you are paid...ask an accountant) 4) file 940s... Read more »

1 Answer | Asked in Business Formation and Business Law for Texas on
Q: Can I open a gym out of my garage for profit?

My roommate wants to start a gym out of our garage

Tim Akpinar
Tim Akpinar answered on Aug 11, 2020

A Texas attorney could advise best, but your question remains open for two weeks. As a GENERAL matter, it could depend zoning laws, municipal ordinances/codes, and other possible regulations or community guidelines. It sounds like the property is yours, but if you rent, the terms of a lease could... Read more »

1 Answer | Asked in Business Formation, Business Law, Contracts and International Law for Texas on
Q: Can I hire international contractors for video content creation for my online only business?

I want to start an online yoga studio that provides live classes and video library of the recorded live classes. For this, I plan on working with yoga teachers from around the world.

My question is, can I form my business as an LLC and hire them as independent contractors to provide me... Read more »

Jane Kim
Jane Kim answered on Aug 7, 2020

Yes.

A business can tap into sub-contractors' labor and may solely rely on sub-contractors. It signifies that you do not have much control over their work. A good overview of what factors would be considered an independent contractor v. employee can be found here-...
Read more »

1 Answer | Asked in Business Formation, Business Law and Securities Law for Texas on
Q: How do I obtain a copy of my public record in Walker County Texas; Doc no. 00025169 vol no 01248 page no. 00354?

I need to refile this in the Texas Secretary of State.... I need Instructions how to transfer this into the UCC Financial Filing Dept.

Tri Minh Nguyen
Tri Minh Nguyen answered on Apr 29, 2020

The recording information looks like it's a real property recording. You can pull the information here:

https://walkertx.search.kofile.com/48471/Home/Index/1

Good luck.

1 Answer | Asked in Business Formation and Business Law for Texas on
Q: How do I file a SS4- Application for a EIN by Fax/mail?
Tri Minh Nguyen
Tri Minh Nguyen answered on Apr 29, 2020

Hello. You can now file the SS-4 application online. Have you tried this yet? This process allows you to receive an EIN immediately. https://www.irs.gov/businesses/small-businesses-self-employed/employer-id-numbers

Here's the fax info:

Internal Revenue Service

Attn:...
Read more »

1 Answer | Asked in Business Formation for Texas on
Q: I consulted (without a K) for a tech company that's struggling. They owed me money so I quit. Can I compete w/ them?

I found a tech solution to their problems. The CEO was impressed but the Board rejected my concept. CEO later told me they didn't 'get it.' He was very angry. After I quit, the Board fired all but two guys: an engineer and the CEO The company is failing but still exists on paper.... Read more »

Tri Minh Nguyen
Tri Minh Nguyen answered on Apr 14, 2020

Hello. Generally, non-competes should be in writing because they should express a time limit for the non-compete and what the scope of the non-compete should be. If you signed a document that includes a non-compete clause or a non-compete language, then you'd want to analyze that language... Read more »

1 Answer | Asked in Business Formation for Texas on
Q: Can a managing member of a LLC be removed with out their authorization?

This is filed with the Secretary of State in Texas

Tri Minh Nguyen
Tri Minh Nguyen answered on Apr 13, 2020

Hello. Good question. When an LLC is formed, there should have been an LLC company agreement or operating agreement. This agreement usually sets out when and/or how a managing member (if a member-managed LLC) or manager (if a manager-managed LLC) can be removed. Have you checked the agreement?... Read more »

2 Answers | Asked in Copyright and Business Formation for Texas on
Q: Is my companies name too similar to a larger, more well known company and could there possibly be issues down the road?

I am creating a Men’s athletic wear clothing store called Freshletics. However, after doing some research, I came across a very large athletic wear company that specializes in woman’s athletic wear but also does men now. Is this name to similar to use and could there be legal trouble down the... Read more »

Barbara Berschler
Barbara Berschler answered on Apr 5, 2020

It is great that you want to examine this trademark issue before you launch your business. Coming to the appropriate answer will save you a lot of money and grief. You should work with a local trademark attorney to help you investigate whether your name/mark would infringe the mark of the other... Read more »

View More Answers

1 Answer | Asked in Products Liability, Business Formation and Small Claims for Texas on
Q: Quick question, I have not received my refund for almost four months from Adidas. I've called them more than 3-4 times!

But no luck! I wanna sue them, cause this has been going on for a long time and every time I call them, they say they are sorry and they are going to refund it and all! But nothing... Even local shops just would refund in a day or two, but every time I call them, they say it is in the process and... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 23, 2020

A Texas attorney who deals with consumer rights issues could advise in the most meaningful manner here. But your question remains open for four weeks. Keep in mind that in pursuing a lawsuit, your time lost from work/school in going to court, handling paperwork, etc. could run you more than the... Read more »

1 Answer | Asked in Criminal Law and Business Formation for Texas on
Q: if a non profit organized as a religious organization who's religious believes are not in line with parts of a state cod

or federal code, can you exempt those codes in the by laws or purpose of incorporation?

Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 22, 2020

No. Firmly held religious beliefs did not spare Rastafarians from prosecution for possession of marijuana, nor did they spare fundamentalist Mormon Warren Jeffs from being sentenced to life in prison for having sex with the little girls that he supposedly "married" in his freak church.

1 Answer | Asked in Business Formation for Texas on
Q: Could I use Golden Ticket in my business name if its a Transportation Company?
Robyn T. Williams
Robyn T. Williams answered on Feb 15, 2020

You may be able to use the name Golden Ticket for a transportation company or "golden ticket" in your business name. The complete answer to your question depends on use of that name, or names that would be confusingly similar, in the same trade channels.

Currently, there are 39...
Read more »

Q: Can I sue American Airlines for losing my luggage resulting in irreplaceable loss of property, psychological harm?

AA l ost my luggage during a international move (relocating for a job) and as a result, I have lost irreplaceable documents such as diplomas and other property. I am looking to apply for graduate school so this may have an impact on my application eligibility. Furthermore, I will never be able to... Read more »

George W. Wolff Esq.
George W. Wolff Esq. answered on Feb 13, 2020

Probably not

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.