Business Formations & Commercial Transactions

El Paso Business Law Attorneys

Our law firm will help you turn your business idea into something concrete by helping you form and manage a corporation, limited liability company, limited partnership or other entity. We will help you make decisions based upon many considerations, including all personal liability implications. After consulting with a CPA, we will help you decide which type of business entity may be right for you, your partners, and other potential stakeholders or shareholders. The most common business entity options include:

  • S Corporation
  • LLC — Limited Liability Company
  • PLLC — Professional Limited Liability Company
  • Joint Venture
  • LLP — Limited Liability Partnership
  • LP — Limited Partnership
  • C Corporation

Texas Business Transactions

Our law firm takes a detail-oriented approach to drafting documents that protect you in commercial transactions. We regularly provide our Texas clients with the following:

  • Contracts — construction, employment, rental and other commitments
  • Agreements — Buy/sell, real property, leased property, release agreements, service agreements, promissory notes, asset purchases, stock transfers, hold-harmless and others
  • Landlord/tenant documents — leases, intent to lease, subleases, eviction notices and others
  • Financial documents — negotiable instruments, secured transactions, demand letters, financial statements, shareholder loans and more
  • Employee/employer agreements — compensation, confidentiality, non-disclosure, non-compete and other agreements

Business Formations & Commercial Transactions FAQs

If I Have a Business Dispute, Are There Alternatives to Litigation?

Yes. While filing a lawsuit may be an option in the event of a dispute over a commercial contract, a lease, or another business matter, it is not always the best or most cost-effective way to resolve an issue. Alternative dispute resolution, or ADR, allows you to avoid lengthy and expensive litigation. 

Common forms of ADR include arbitration and mediation, where a neutral third party will attempt to facilitate negotiations and a resolution (mediation) or will hear both sides and make a decision on the matter (arbitration). If litigation cannot be avoided, then working with a skilled El Paso business law attorney can help you achieve the best possible resolution for your company.

Is My Business Required to File for an Assumed Name?

In Texas, the name of a new entity must be distinct from existing businesses. Before formation, you can check to see if your proposed name is already in use through the Texas Secretary of State’s website. Once you have selected a unique name for your company, you can do business under a name of your choice by filing for an assumed name (also referred to as doing business as, or d/b/a) with the Secretary of State and the county clerk where your principal place of business is located. This is only required if you plan to do business under a name other than the exact registered name of your entity. For example, if the registered name of your company is “XYZ Widgets, LLC,” and you want to do business as “El Paso Widget Company,” you will need to file Form 503 to acquire an Assumed Name Certificate.

If the business is a partnership and /or a sole proprietorship you must obtain an assumed name certificate in the County where you plan to do business.

Can I File a Lawsuit for Breach of an Oral Contract?

You may be able to sue for breach of an oral contract if it is considered binding. Under Texas law, oral contracts are binding if:

  • One party made an offer;
  • The other party accepted the terms of that offer;
  • Both parties understood that an agreement had been formed and consented to the terms of that agreement; and
  • There was an exchange of something of value between the two parties (consideration).
  • Some type of performance

In addition, the oral contract must be lawful and complete (not ambiguous). However, under the Texas Statute of Frauds, certain types of contracts must be in writing. This includes agreements with a duration of more than one year, contracts for the sale of goods for $500 or more, loans from financial institutions, and contracts for the sale or purchase of certain oil, gas, or mineral interests. A seasoned El Paso commercial litigation attorney can advise you on the enforceability of a specific oral contract, and assist you in drafting written contracts.

What Are the Benefits of Incorporating or Forming an LLC for My Business?

Each specific corporate form carries certain advantages when it comes to taxation and other matters. However, the primary reason that most business owners decide to incorporate or form a Texas Limited Liability Company (LLC) is to protect themselves from individual liability. If done properly, having a corporate structure will insulate the personal assets of business owner(s). In other words, if someone files a lawsuit against your company, only your business assets will be at risk or subject to judgment. In this way, forming a business entity allows you to protect yourself, your family, and all that you have worked for in your life.

Commercial Litigation in Texas

Our law office represents businesses pursuing litigation against other businesses, individuals filing suit against a business or companies needing defense in commercial litigation. Our Texas clients have included businesses ranging from contractors to family-owned stores to restaurants, laborers, mechanics and vendors. We serve professionals, large and small businesses, and individual business owners. We provide aggressive, efficient and effective legal representation for issues such as:

  • Breach of contract
  • Wrongful termination
  • Landlord/tenant disputes
  • Employee/employer disputes
  • Contractor/sub-contractor disputes
  • Owner/contractor disputes
  • Condominium association disputes

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