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Texas Business Law Questions & Answers
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.

1 Answer | Asked in Business Law for Texas on
Q: I will like to appoint a new director to the board of a delaware c corp and amend bylaws.
Joseph B. LaRocco
Joseph B. LaRocco answered on Dec 27, 2021

You have to look at the bylaws to see how and when directors can be added to the corporation. If the bylaws are silent on that matter, it may require a majority vote of shares held by the shareholders to increase the number of directors.

Do the bylaws all for annual appointment of directors...
Read more »

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Texas on
Q: Mentor and breached contracts.

I had a mentor that would have me sign contract with “businesses” that were really not real. Not only were they not real but I was paying him upwards of 4000 a month to him. $300 was legitimate as he would meet with me as a mentor. I however have a contract through him with his parents who i... Read more »

Teri A. Walter
Teri A. Walter answered on Dec 16, 2021

It sounds like you have multiple contracts with this person, and he has multiple assumed names (the business names on the contracts.) If you are not receiving the services you contracted for, you may be due a refund.

As to the car, it's impossible to tell from your description...
Read more »

1 Answer | Asked in Business Law for Texas on
Q: Selling my assets located on my property that is currently rented/leased to a third Party?

Case: Property owner rents out his property but he still has junked machinery on site. He decides to sell the machinery located on the current leased property and he states in the sales contract that all machinery must be removed in 15 days or buyer will have to pay a $500 penalty fee, and was... Read more »

Teri A. Walter
Teri A. Walter answered on Dec 1, 2021

Lots of things went wrong here. The landlord/seller is trying to impose a penalty on the buyer, without incurring any damages, the Buyer isn't complying with the agreement, and the tenant is interfering in the contract. Buyer needs to pick up the equipment, the tenant needs to get out of the... Read more »

2 Answers | Asked in Copyright, Business Law and Intellectual Property for Texas on
Q: How to prevent theft of a template/its framework for consulting. End result is a customized digital document each time.
Marcos Garciaacosta
Marcos Garciaacosta answered on Nov 28, 2021

You can start by registering the copyright.

Enforcement will be up to you, via civil courts.

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1 Answer | Asked in Business Law for Texas on
Q: I started a business with another individual, he recently left the business. 3 days later he withdrew $1,875.00 from the

Business PayPal account and will not return the business equipment. What can I do?

Jaime Victor Papa
Jaime Victor Papa answered on Nov 12, 2021

I recommend that you meet with a business attorney. Be prepared to provided your business attorney with the terms of your operating agreement and any additional agreements between you.

1 Answer | Asked in Business Law, Legal Malpractice and Consumer Law for Texas on
Q: In El Paso, Texas businesses are charging 3% surcharges for using card regardless of how much you spend. Is this legal?

They dont care what card you use, they only go cheaper if it’s cash. Where do I go to dispute these charges. It’s not fair to the consumer that they pass their charges onto me when making payment. I dont want to carry 500-1000 dollars to avoid paying 3%

Joseph B. LaRocco
Joseph B. LaRocco answered on Nov 2, 2021

Yes, unfortuantely it is legal in Texas and almost all states. The company does have to post a notice of what they are charging you and the bill should show the charge separately, They can charge up to 3.99%. If you are a very good customer or making a large purchase, ask the store owner or manager... 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 Employment Law, Family Law, Business Law and Employment Discrimination for Texas on
Q: How to enforce or compel the texas subpoena that was served according to § 24-13-112 . Should I file compel in TX or GA?

How to enforce or compel the texas subpoena that was served according to § 24-13-112 . Should I file compel in TX or GA?

Should I motion to compel in GA along woth motion to transfer to texas court? Bcoz case is pending in Texas court.

Teri A. Walter
Teri A. Walter answered on Aug 31, 2021

If the case is pending in Texas, then presumably there's no case in Georgia in which to file a motion to compel.

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 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 Law, Trademark, Copyright and Intellectual Property for Texas on
Q: A nonprofit organization voluntarily dissolved, there was a trademark name held by the organization, can I acquire it?

The nonprofit voluntarily dissolved as of 4/30/2021 and will not be re-organizing. They held a trademark which according to the USPTO there's been no action on it since 2016 and doesn't reflect an "assignment." I have a similar nonprofit and would like to acquire that... Read more »

Evelyn Suero
Evelyn Suero answered on May 2, 2021

The USPTO will refuse to register a trademark when an identical or similar trademark is already registered. Typically, when a nonprofit is dissolved, it is required to transfer all of its assets and property to another nonprofit. It is possible that another organization may now own the mark.... Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Personal Injury and Business Law for Texas on
Q: What would be the best route to take?

I am the director of a dance team, and we have a couple of trips planned for competitions and other things. They would travel by bus, and I was trying to figure out what I needed to do to make sure that I wasn’t held liable if anything happens during the travel. The dance team is not under a... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 28, 2021

This question should be answered by an attorney who practices civil law. The criminal courts should not be involved for situations like bus crashes or injuries.

I assume you are not asking about crimes unless there is something really bad going on... like child abuse... in which case you...
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 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 Law for Texas on
Q: Are managers/members of a forfeited LLC permitted to wind up that LLC without first reinstating with the SOS?

The members/managers here want to "dissolve" (wind up) their LLC, but they don't have an operating agreement that addresses winding up. Also, that LLC previously forfeited its charter under the Tax Code for failure to pay its franchise taxes. I'm wondering if, under the Texas... Read more »

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

It depends on whether there are unpaid debts and what assets there are that need to be sold or distributed. For example, if the LLC owns real estate, at present, no one is able to sign a deed for the LLC, and reinstatement would be necessary; if all that's left is some office furniture and... Read more »

1 Answer | Asked in Business Law for Texas on
Q: Can a public place, for example, Starbucks, refuse to allow non-paying customers the ability to use their restroom?

I remember watching the video of the two men who were waiting for their friend in a Starbucks and one politely asked to use the restroom. He was told no, you’d have to purchase something to use the restroom, for paying customers only. So I was just wondering is it legal for a business to refuse... Read more »

Teri A. Walter
Teri A. Walter answered on Dec 4, 2020

Yes, it's legal, and some businesses will insist on it to avoid becoming just a public restroom.

1 Answer | Asked in Employment Law, Business Law, Collections and Constitutional Law for Texas on
Q: How do I collect on a case that was granted in my favor in court. And is still growing interest

The company never showed up for court after being served they moved the company on the same day

Teri A. Walter
Teri A. Walter answered on Dec 3, 2020

There are several things that need to happen. The first is usually to prepare (or request the clerk to prepare) an abstract of judgment and record it in the real property records in any county where your judgment debtor owns (or may own) real property. Next, see if you can determine what assets... Read more »

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