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Texas Business Formation Questions & Answers
1 Answer | Asked in Estate Planning and Business Formation for Texas on
Q: I’m a young broke man with no assets or family yet. Could I set up a family or business trust with no family or assets?

I would like to keep amenity and privacy while protecting assets from creditors before a problem arises.

Gratia "Grace" P. Schoemakers
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answered on Sep 18, 2024

Technically you could. But if the trust is not funded (no assets are in the trust), than it has no additional value. I think it would be best for you to talk to an estate planning attorney and discuss the assets that you do have, and how you can protect them. Trusts are great, but they might not do... View More

1 Answer | Asked in Business Formation for Texas on
Q: I registered my LLC in Delaware but conduct business nationwide. Where should I file my DBA?
John Michael Frick
John Michael Frick
answered on Aug 15, 2024

Each state's rules differ. In Texas, after you register your Delaware LLC as a foreign entity doing business in Texas, you must file your d/b/a with the Texas Secretary of State.

Other states may require it be filed in a similar statewide office, while some may require it be filed in...
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3 Answers | Asked in Banking, Business Formation, Business Law and Gov & Administrative Law for Texas on
Q: How do I deposit a refund check from insurance company for a LTD that has been dissolved.

I had a LTD business that is now dissolved. Since its dissolution I received a refund from an insurance company for overpayment of services. I have tried everything to deposit this check. The insurance company will not reissue it and I cannot sign it over to a third party. I am wondering if I can... View More

John Michael Frick
John Michael Frick
answered on Jul 18, 2024

Endorse the check on behalf of the company over to yourself as an individual and deposit it in your individual account.

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1 Answer | Asked in Banking, Business Formation and Business Law for Texas on
Q: I want to sue regency bank. I’m in Tx, ex business partner is in Oldsmore,FL.

My business partner and i created a bank account. He set it up in Fl and signed for me to be on bank account. We are both owners splitting 50/50 % ownership.

I transfer 80k into business account. Which is everything to my name at the moment.

I thought both owners had to be on... View More

John Michael Frick
John Michael Frick
answered on Jun 11, 2024

Without reviewing the account application, company agreement, and company banking authorization, it is impossible to say based on your description if the bank was negligent. Importantly, as an owner of the company, it was clearly your duty to make sure the account application, company agreement,... View More

1 Answer | Asked in Employment Law, Immigration Law and Business Formation for Texas on
Q: N-400 application Question: I had a handicap space parking ticket last year, and a fine of $500 was paid.

How do I answer this question, knowing fully well that I received a citation/ticket for a handicap space parking violation last year, and a fine of $500 was paid. ? - Have you EVER been arrested, cited, detained, or confined by any law enforcement officer, military official (in the U.S. or... View More

James L. Arrasmith
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answered on May 6, 2024

Based on the information provided, it does not appear that a parking ticket would require you to answer "Yes" to this question on the N-400 naturalization application.

The question is specifically asking about arrests, citations, detentions, or confinement related to crimes or...
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2 Answers | Asked in Business Formation, Intellectual Property and Trademark for Texas on
Q: Can I legally start a snow cone stand with a play on words and image theme from a classic TV show?

Would I need to pay a trademark licensing fee?

James L. Arrasmith
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answered on Apr 5, 2024

The legality of using a play on words and image theme from a classic TV show for your snow cone stand depends on several factors. While you may be able to use a clever play on words, directly using trademarked names, logos, or images from the TV show without permission could infringe on the... View More

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2 Answers | Asked in Business Formation, Intellectual Property and Trademark for Texas on
Q: Can I legally start a snow cone stand with a play on words and image theme from a classic TV show?

Would I need to pay a trademark licensing fee?

Micah  Gonzalez
Micah Gonzalez
answered on Apr 5, 2024

I recommend seeking advice from a trademark lawyer as the answer depends upon the specific name and use of your own name and the TV show name. Depending on the name, the TV show may come after you for trademark infringement. To give some background, trademark infringement for puns hinges on whether... View More

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1 Answer | Asked in Arbitration / Mediation Law, Business Formation, Business Law and Contracts for Texas on
Q: Hello, Is my sister entitled to all money from a failed joint business venture?

My sister started a business w/her sister but couple months later got upset because it became overwhelming for her, requested to be released from the business, &wants all her money bk.

Tim Akpinar
Tim Akpinar
answered on Mar 19, 2024

A Texas attorney could advise best, but your question remains open for three weeks. It could depend on the terms of the business venture (agreements between the parties) and their conduct. This is a fact-intensive matter. There is no universal cookie-cutter answer. An attorney would need to see how... View More

2 Answers | Asked in Business Formation, Business Law and Tax Law for Texas on
Q: Would I need to register another DBA if the base name of the business is the same?

For example, "Green Horn Retail" and "Green Horn Warehouse" or "Green Horn Retail Warehouse"

James L. Arrasmith
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answered on Feb 4, 2024

In Texas, the need to register a separate Doing Business As (DBA) for variations of your business name depends on how you intend to operate these entities. If "Green Horn Retail" and "Green Horn Warehouse" or "Green Horn Retail Warehouse" are operating as distinct... View More

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2 Answers | Asked in Business Formation, Business Law and Tax Law for Texas on
Q: Would I need to register another DBA if the base name of the business is the same?

For example, "Green Horn Retail" and "Green Horn Warehouse" or "Green Horn Retail Warehouse"

T. Augustus Claus
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answered on Feb 1, 2024

In Texas, if you are operating multiple businesses under variations of the same base name, such as "Green Horn Retail" and "Green Horn Warehouse," you may not necessarily need to register each one as a separate Doing Business As (DBA) entity, especially if they are operated as... View More

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1 Answer | Asked in Business Formation for Texas on
Q: Is it possible to set up a subsidiary of an S Corp in Texas?
T. Augustus Claus
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answered on Jan 12, 2024

Yes, it is possible to set up a subsidiary of an S Corporation (S Corp) in Texas. Creating a subsidiary involves establishing a new business entity that is controlled or owned, wholly or partially, by the parent company (S Corp, in this case). The subsidiary can take various legal forms, such as a... View More

1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Contracts for Texas on
Q: Write a subpoena to produce documents. Store location is in a Texas County but corporate headquarters in another state.

* Subpoena Local Store Operating in Texas for Documents; However, Corporate Headquarters is in Another State

I need to subpeona a store to produce documents in a proceeding in Texas. The local store is operating in Dallas County, Texas; However, the corporate headquarters is located in... View More

John Michael Frick
John Michael Frick
answered on Dec 3, 2024

If a corporation is operating a store in Texas, it is required to obtain a certificate of authority from the Texas Secretary of State and to have and maintain a registered agent for service of process in Texas. If it fails to do so, then the Texas Secretary of State is an agent for service of... View More

1 Answer | Asked in Tax Law, Business Formation and Business Law for Texas on
Q: How can I open a company with workforce being in another country.

Hello, I need some legal advice. My friend has a company in Pakistan, and I'm interested in opening a similar company here in the US as an LLC . The workforce would be based in Pakistan and my friend will be handling that.

I'd like to know the best way to go about setting this up,... View More

James L. Arrasmith
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answered on Oct 16, 2024

Starting an LLC in the US with a workforce in Pakistan involves several key steps. First, decide whether to form your LLC in North Carolina or Texas by comparing their specific filing requirements and fees. Once you’ve chosen the state, file the necessary formation documents with the state’s... View More

2 Answers | Asked in Business Formation, Copyright, Intellectual Property and Trademark for Texas on
Q: Can I use the name of a film/TV show in my travel guide that highlights its filming locations?

I want to make and sell digital travel guides that center around filming locations for specific movies and tv shows. My goal is to educate travelers on where the film locations were, how to get there, and general facts about the place (weather, time zone, etc.). Would using the title of the... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Oct 15, 2024

Although the content of television programs and movies are the subjects of copyright, their titles are not. To use the titles in the way you propose, merely to name them for reference, is legally permissible as "nominative fair use".

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1 Answer | Asked in Business Formation, Copyright and Gaming for Texas on
Q: Is it illegal to create a game stockfootage business, where you record game footage and sell it to creators?

Could be indie or a AAA title game

James L. Arrasmith
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answered on Sep 22, 2024

Creating a business around selling recorded game footage can be legally tricky. Most video games, whether indie or AAA, are protected by intellectual property laws. When you record gameplay, you are capturing someone else’s copyrighted content, so you would need permission from the game's... View More

1 Answer | Asked in Employment Law, Immigration Law, Tax Law and Business Formation for Texas on
Q: I am an F-1 student with no SSN/ITIN and want to create a digital store in TX. What are the steps on making this legal?

It’s my 2nd year in the US, and I never worked neither on campus. Don’t have a store yet, and don’t have any connections with my home country regarding the store. I will be the sole owner and worker in this digital store selling digital content. I also want to know the details and if I’ll... View More

James L. Arrasmith
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answered on Sep 16, 2024

As an F-1 student in the U.S., starting a digital store can be complicated due to visa restrictions on employment and business activities. U.S. immigration laws generally prohibit F-1 students from engaging in self-employment or running a business, which includes owning and operating an online... View More

1 Answer | Asked in Business Formation and Business Law for Texas on
Q: How can I find a registered agent for a small restaurant Hoodadak in Houston Texas? Also they filed bancrupcy.
John Michael Frick
John Michael Frick
answered on Aug 26, 2024

The Office of the Secretary of State of Texas maintains the records for registered agents of business entities in Texas.

Its website is: https://www.sos.state.tx.us/corp/sosda/index.shtml

You will need to set up an account using a credit or debit card to cover the search fee.

Q: Can my sister sue rehabilitation agency for misleading on a $11,000.00 refund payment?

Why would supervisor tell me regional office suppose to send it. From Feb. 9,2024 to May 2024?

Tim Akpinar
Tim Akpinar
answered on Jun 1, 2024

A Texas attorney could advise best, but your question remains open for a week. It's possible she could, but an attorney could advise more definitively after learning about the nature of the misleading actions (fraud, misrepresentation, etc.). One option could be for your sister to try to... View More

1 Answer | Asked in Business Formation for Texas on
Q: As a single member LLC in the state of Texas am I required to use an outside agency or firm as my registered agent?
John Michael Frick
John Michael Frick
answered on Mar 4, 2024

No. You yourself (or someone else) can be the registered agent as long as you maintain a physical address as your company's registered office where you can be personally found for purposes of physically serving you with important legal papers.

1 Answer | Asked in Arbitration / Mediation Law, Business Formation, Business Law and Contracts for Texas on
Q: What legal weight do I have should a business ownership dispute require legal mediation?

My partner and I share 50/50 of a business we just started. We are mere weeks away from our first sale and now his wife wants 4% ownership of the company, which they both expect me to give up 2% to her because she came up with the idea. In the beginning she said she didn't want to be an owner,... View More

Tim Akpinar
Tim Akpinar
answered on Feb 19, 2024

A Texas attorney could advise best, but your question remains open for two weeks. But this may be a difficult question for any attorney to answer in the brief format of this Q & A forum. If you reached out to attorneys, it's likely that instead of a quick yes or no answer, law firms would... View More

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