Categories for Business Law

Trade Names

June 25, 2016

Can I register a trade name? Texas law does not provide for registration of a business’s trade name, whether that business is incorporated or unincorporated. Individuals and unincorporated entities that do business using an assumed name (often referred to as a “dba”) must file an assumed name certificate with the county clerk in each county in which business premises are maintained. If a Corporation, LLC,...

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LP Names

June 20, 2016

Can a corporate general partner of an LP have the same name as the limited partnership, except for the organizational identifier, i.e., “Co.,” “Corp.,” or “Inc.”? No. Filing entities cannot have names that are the same or deceptively similar, even if they are related companies or can obtain a letter of consent. Organizational identifiers, such as “Corporation,” “Inc.,” “Ltd.,” “L.L.C.,” etc., do not distinguish names...

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In Texas, a “Series LLC” is a limited liability company that is organized under Texas law that permits it to have one or more separate series of members, managers, limited liability company interests or assets with separate rights, powers, or duties and with respect to which the debts, liabilities and obligations and expenses existing with respect to a particular series may be enforced only against...

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Under Texas law, a limited liability company can operate for “any lawful purpose or purposes not expressly prohibited under chapter 2 of title 1 or title 3 of the Business Organizations Code.” Thus, as the business grows, the company is able to operate for multiple purposes, provide multiple lines of goods, offer a variety of services and more. Many small business owners start with one...

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Non-Compete Agreements

May 20, 2016

Non-compete agreements are popular mechanisms to restrain competition of both current and former employees and can be effective documents to obtain an employee’s pledge of loyalty and commitment to the company. Employers wishing to prevent their employees from working for a direct competitor during and after the term of employment may draft these agreements in an overly broad manner to deter employees from taking competing...

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  You may think that having meeting minutes as a single member limited liability company seems arbitrary…but there are several reasons why you should formally document fundamental business transactions. Chapter 101 of the Texas Business Organizations Code, which governs limited liability companies, does not explicitly require formalities such as meeting minutes. So why would you want to voluntarily take on additional paperwork? The attractive feature...

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