Starting

Your Business

There are a multitude of factors to consider when starting a business. It is a large commitment and can be very overwhelming. Whether it is setting up an entity with the state or starting an intellectual property portfolio, the attorneys at Dorman Bell have the experience to streamline the process and guide you to better ensure you are protecting every aspect of your business from day one.

Preparation and Planning

You will face many important decisions when starting a new business. What kind of entity will protect me? Where will the office be? Do I need a DBA? Who should own interest? Should we hire Independent Contractors or Employees? Dorman Bell can create a strategy to ensure that you have dealt with the issues that accompany a new business.

Deciding on an entity is important and we can familiarize you with common Business Entities in the state of Texas and nationwide.

The most common business structures are as follows:

General Partnerships

When two or more individuals agree to share unlimited responsibilities of a business such as assets, profits, liabilities, and finances.

Corporations

A company or group of individuals who are authorized to act as an entity. It is a separate legal entity from it's owners.

Limited Liability Company

A type of entity that has the powers of both a corporation and a partnership. It is owned by a "member" defined as an individual, partnership, corporation, etc.

Limited Partnership

A partnership formed by two or more individuals who also have one or more limited partners. This partnership operates in accordance with a partnership agreement, written or oral.

Limited Liability Partnership

When a general or limited partnership want to limit the liability of it's general partners.

Governing Documents

The governing document of a business can provide the most basic or very complex rules which govern both the internal and external activities of the business. It is a crucial set of guidelines for the management of the business’ affairs and the regulation of its owners, partners, shareholders, directors and/or managers.

What is an Operating Agreement?
An Operating Agreement, or sometimes called a Company Agreement, is a document that customizes the terms of a Limited Liability Company (LLC) pursuant to the needs of the owners, and summarizes the financial and operational decision-making structure.

What are Bylaws?
The Bylaws of a corporation are contained in a document that sets out the rules, regulations, and responsibilities for shareholders, directors and officers. It serves as a vital piece in organizing management in preparation for a corporation’s growth.

What is a Shareholder Agreement?
A shareholder agreement is an optional document between the shareholders and the corporation stating in detail the shareholder’s rights and responsibilities. The basic intention for a shareholder agreement is to ensure the privileges and protection of the shareholder’s interest.

What is a Buy-Sell Agreement?
A Buy-Sell Agreement is a binding contract between co-owners of a business entity that outlines when the owners can sell their interest and for what price. Additionally, a Buy-Sell Agreement protects business owners when a co-owner dies, becomes disabled, divorces, and/or files bankruptcy.

What is a Partnership Agreement?
A Partnership Agreement is a written document between two or more individuals who join to establish a partnership. This governing document sets forth the nature of the business, capital contributions made by each partner, and the rights and responsibilities of the partners.

IP Portfolio

What is a Copyright?
A Copyright is a form of protection provided by Title 17 of the United States Codes and given to the creators of original works including literary, dramatic, artistic, and other intellectual works. For example, a restaurant owner can copyright its menu, a software company can copyright its software code, and a jewelry designer can copyright its jewelry designs.

What is a Trademark?
A Trademark is a word, phrase, symbol or design, or a combination of such that identifies and distinguishes the source of goods of one entity or person from another. A Service Mark is similar, however it serves to distinguish a service as opposed to a good. It is highly beneficial to trademark your branding( i.e. logos, slogans, and the name of the business itself )in order to protect the uniqueness of your business concept in a society that fosters competition.

Commercial Lease Review

Office Space: Commercial leases can be lengthy and the language used is not always easy to translate. Let Dorman Bell review your commercial lease and provide you with a legal analysis. Our trained attorneys are able to recognize variations in the lease that may not be otherwise obvious and check for accuracy of the terms as most leases are landlord favored. We will act as a mediator while the details of the lease are being analyzed and resolved on your behalf.