Small Business Law
Small business owners encounter a wide variety of legal issues as they form and expand their companies. From determining which entity type to choose, to implementing sound business and operating policies, small business owners make countless decisions in their path to success. Brewer Jackson & Lang, P.C.’s attorneys are dedicated to helping you achieve your business goals.
In Texas, the limited liability company is increasingly the entity form of choice for entrepreneurs starting a new business because of the flexibility that the entity structure provides and the affordable costs of formation. From name reservations to filing certificate of formations, our team of attorneys is prepared to guide you through the formation process.
A corporation protects its shareholders’ personal assets from creditors and from liability for employees’ actions. Additionally, the corporate form appeals to investors due to the ability of shareholders to transfer ownership of their shares. Please consider scheduling a consultation with one of our attorneys to discuss the incorporation process and the benefits of the corporate form.
Effective corporate governance promotes the interests of a company’s owners, provides a framework for director and management accountability, and strengthens the public trust in a company. A company’s corporate governance materials often include governance guidelines, certificate of incorporation, bylaws, charters for board committee, and codes of business conduct. Our firm’s attorneys have assisted numerous small businesses in establishing a well-grounded corporate governance structure.
Employment issues arise as small businesses grow and require expanded workforces. Growing businesses should consider protecting their interests through non-compete agreements, whether full or part time employment makes the most sense, and developing an employee handbook. Our attorneys have the business experience to advise you as to which path you should take in your role as an employer.
Suppliers, customers, and lenders that enter into agreements with a Limited Liability Company often require it to provide a copy of an operating agreement. An effective operating agreement defines the LLC’s management structure, names its members, and provides flexibility for the company to grow and to operate. If you are considering forming an LLC or you have an established company without an operating agreement, please contact us to discuss this essential business element.
Bylaws are a company’s operating manual. Bylaws state the size of the board, outline how a board will function, designate the roles and duties of directors, officers, and committees. Bylaws determine the rules and procedures for holding meetings, electing directors, and appointing officers. Our firm’s attorneys have drafted bylaws for new businesses and amended bylaws for established companies.
A well-drafted partnership agreement is essential to preventing and resolving disagreements between business partners. Partnership agreements should define each partner’s contribution, the allocation of profits and losses, the partners’ authority and management duties, and decision-making rules. Please call us to discuss your partnership and your requirements for an effective partnership agreement.
For individuals considering purchasing a business, an asset purchase may be a wise choice. An asset purchase agreement allows for purchase and sale of a company's assets, not the company itself. Under an asset purchase agreement, a buyer can avoid taking on the debts not associated with the assets and it is not necessary for a buyer to purchase all of a company’s assets. To determine if an asset purchase agreement is sound choice for you, please call to schedule a consultation.
At Brewer Jackson & Lang, we are mindful that securing and maintaining a business’s intellectual property is critical not only to protecting its brand, but also to protecting its original works and trade secrets. Regardless of the service of product you provide, your intellectual property is a crucial part of your business and may be its most valuable asset. Our attorneys frequently assist our business clients with securing trademarks, copyright protection, and the instruments necessary to protect the trade secrets that give the business its competitive advantage.