Business Formation

How long does it take to obtain a liquor license in Texas?

Starting your own liquor line or opening a liquor store can be a profitable endeavor. Alcohol tends to have high profit margins, but opening a liquor related business comes with some challenges. You will need to meet stringent liquor licensing requirements in the state of Texas. The process can take months and not all applicants will ultimately succeed. Our Read more . . .

How do I form a corporation in Texas?

Selecting a business entity for your new venture is a critical step.  While there are several potential business structures to choose from, corporations have long been one of the most popular business entities.  If you have determined that a corporation is the right business structure for your business, you will now need to take the appropriate steps to form your corporation.  Our Read more . . .

What is a registered agent?

You’ve taken the first steps towards starting your new business by selecting a business entity, but now you need to choose a registered agent for your business.  Naming a registered agent may seem like a formality, but it can have important implications for your business in the future.  As such, it is imperative that you understand the role of a registered agent and what you should know before choosing your agent.
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What are the advantages and disadvantages of a partnership?

Selecting a business structure is one of the most important decisions you can make for your new business.  Your business structure will impact your ability to grow and raise capital, designation of business duties, taxes, and much more.  For business owners with a partner, the most obvious choice for your new business may be a partnership.
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What steps should I take if I am considering opening a franchise?

Franchise businesses are booming in Lubbock, Texas and across the state.  In recent years, entrepreneurs have flocked to Lubbock to open a wide array of franchises.  Well known businesses like Dunkin’ Donuts, Panera Bread, Baskin-Robbins, and BurgerFi are experiencing success in the region, despite initial concerns from national franchise corporate owners.  As a smaller city, some franchise owners were reluctant to open locations in Lubbock, but attractive real estate prices and a strong customer base have leant themselves to franchise success.  

What steps should I take to open my own business in Texas?

So you have decided to open your own small business. Congratulations! You have taken an important step towards obtaining financial security and becoming your own boss, but there are several critical steps you must take to start your business off right.  Review our guide to opening your own small business in Texas and contact our Austin, Texas business startup and formation lawyer at the Kumar Law Firm PLLC when you are ready to get started.

What is the state of the medical marijuana industry in Texas?

For some time it has been known that marijuana has many medicinal uses. Over the past couple of years there has been huge support for legalizing marijuana for medical use. Legislators finally listened and many states have passed laws that make it legal to use certain forms of the drug in these instances. So what are the business implications of legalizing pot? We can get a good idea by examining the happenings in our Southern most state.

One state that has recently passed a

Start-ups based in Austin, Texas have faced some headwinds in the past year, with reports showing a decline in new venture capital investment. In the first quarter of 2016, Austin start-ups suffered a 49% decline in investment. Experts say venture capitalists lost enthusiasm because of economic unease and high valuations on untested start-ups.

But there has been at least one bright spot: the food and beverage industry. Start-ups offering consumer packaged goods ranging from healthy snacks to gourmet cider have attracted new investment interest even as others have suffered setbacks.

What basic mistakes should entrepreneurs avoid when seeking investors?

A recent case decided in a Dallas, Texas courtroom shows that YouTube videos can be big business — and that traditional legal rules still apply to an area of the web that may seem like a free-for-all. The losing parties' response to the case also suggests that conduct that is commonplace online may not play well in court.

Avoid making unrealistic contractual commitments

The litigation centered on a partnership between two outside investors, David T. Moss and Brandon Keating, and YouTube channel owner/operators Brian Martin and Marko Princip, who were seeking funding for their videogaming channel. The outside investors signed a contract agreeing to put up $1500 in exchange for 30% ownership and 30% of the profits of the partnership for each of them.

According to the Small Business Administration, what topics should employee handbooks cover?

While it is not legally required that every small business have an employee handbook, it is highly recommended for companies with more than a few employees. Employee handbooks work to standardize expectations for both employers and employees, and offer the company legal protection. Since employee handbooks set forth company policies clearly in black and white, they can help to keep friction and disputes to a minimum.

What Your Employee Handbook Should Cover

So that everyone understands the rules of the road from the first day of employment, employee handbooks typically cover standards that must be met by both employees and employers, including:

• Non-disclosure agreements (NDAs) and statements concerning conflict of interest
• Anti-discrimination policies: compliance with equal opportunity laws, including the Americans with Disabilities Act; information about discrimination and harassment
• Compensation information: wages, overtime, performance reviews, raises, time-keeping records, breaks, bonuses and workers' compensation
• Employee Benefits: including health insurance, retirement plans, wellness programs
• Work schedules: work hours, attendance, punctuality, flexible hours and telecommuting
• Leave Policies: vacation, sick leave, holiday, bereavement, family medical leave, jury duty, military leave, leave for voting and court cases
• Conduct standards: code of dress, legal obligations, ethical behavior (avoiding harassment), privacy rules, particularly in activities under government regulation

In addition, employee handbooks should provide employees with an overview of the business and its general policies, including:

• Hiring practices:  job postings and employment eligibility
• Referrals, probationary periods, transfers, relocations, union information
• Resignation and termination procedures

As the owner of the company, you are responsible for creating a safe and secure workplace for your employees, meaning the premises should comply with Occupational Safety and Health Administration (OSHA) laws. Your employee handbook, therefore, should state clearly that all accidents, injuries, safety hazards and safety suggestions should be promptly reported to management.

In addition, the employee handbook should make abundantly clear that employees also have a responsibility to maintain a safe and secure work environment -- keeping pathways unobstructed, turning off appliances when not in use, and being committed to securing electronic information on their computers.

If you are starting up a new business or taking over an established one, you should consult with a firm of skilled and experienced business attorneys to make sure that you proceed in a legal, ethical, and efficient manner.

What types of insurance do I need to protect my business?

In addition to choosing the right business organization, starting a small business requires obtaining the maximum protection for your company. By having the following types of insurance, your business will have maximum protection from a variety of situations that can lead to lawsuits.

Property Insurance

Obtaining property insurance should be a primary consideration for protecting your tangible investment, including essential merchandise, equipment, tools, and buildings. It is critical to protect your business property from the potential for loss and damage from a number of events, including fires, vandalism, theft and storms. In addition to protecting the actual building, furnishings, inventory and equipment, business property insurance may also cover other costs such as equipment breakdowns or the cost of clean up after a covered loss like a fire or storm.

Regardless of the size or type of business, it is critical to obtain general liability insurance. This type of insurance protects you in the event you are faced with a lawsuit arising from accidents, injuries or claims of negligence. General liability insurance coverage protects you if your products, services or employees cause property damage or bodily injury to a third party. For example, if someone is injured on the premises of your business and files a lawsuit against you, general liability insurance may help to recover some of the costs, depending on the situation.

Errors and omissions (E&O) is insurance that typically covers doctors, accountants and lawyers. For medical professionals, E&O usually comes in the form of malpractice insurance. At the same time, lawyers, accountants, architects and engineers are covered by professional liability insurance. Moreover, even businesses like advertising agencies and commercial printers, in fact any business that provides a service to a client for a fee, needs E&O coverage.  In short, E&O coverage protects you from error or omission on your part that has caused a financial loss for your client.

While the particular rules differ from state to state, employers are required to buy workers' compensation insurance. Generally, this type of insurance protects businesses from lawsuits arising from workplace accidents. Workers' compensation also covers medical bills and compensates lost income for employees injured on the job, whether on the premises or elsewhere, regardless of who was at fault. Workers' compensation also covers employees who are injured in auto accidents while on company business or who suffer work-related illnesses. It also provides death benefits to surviving spouses and defendants.

Small business owners should consider how they would manage if a fire or other disaster damaged their business premises so that they were temporarily unusable. If you are conducting business in an area that has a high risk of natural disasters, investing in business interruption insurance will compensate you for lost income if your company has to vacate the business premises due to disaster-related damage.

Every business is different, and each faces a variety of risks; however, by investing is the right types of business insurance, a company can protect itself from a wide range of losses and liabilities.