SEC Releases Long-Standing Proposed Crowdfunding Rules
Finally! Ten months after they were supposed to be released, the SEC released the proposed crowdfunding rules to the general public on October 23, 2013. The proposed rules are currently in the middle of the 90-day comment period, and as […]
The Company Agreement Explained: Member-Managed v. Manager-Managed
Before you form an LLC, you should determine the management structure of your LLC. In Texas, there are two options: member-managed or manager-managed. Before we delve into the difference between the two, let’s back up a bit and first discuss […]
The Company Agreement Explained: What Are Classes Of Members?
Having different classes of members is just like having different classes of stock in a corporation. Oftentimes, it’s a good idea to set out classes of members when you want members to have different rights or duties. Situations where setting […]
Drafting LLC Company Agreements: What Is A Capital Contribution?
I recently had a meeting with a client who wanted to make sure his initial investment in an Limited Liability Company was well documented by the LLC. One way to document the initial investment is in the LLC’s Company Agreement. […]
The Company Agreement Explained: Why Do I Need A Company Agreement If I Have A Certificate Of Formation?
Clients regularly ask, “Why do I need a Company Agreement if I have a Certificate of Formation?” To answer the question directly: the difference lies in the purpose of the two documents. Certificate of Formation The Certificate of Formation (also […]
What Is A Registered Agent?
Some of the most common questions we get from our startup and small business clients are: What is a registered agent? What do they do? Why do I need one? Hopefully, this brief blog will help answer some of those […]
Mo’ Founders Mo’ Problems – Another Vote For Well Drafted Partnership Agreements
Note, the advice below is entity type agnostic. Member Agreements, Company Agreements, and Founder Agreements are included in the context of partners agreements. Founder disputes are unavoidable – and the more founders, the higher the likelihood for disagreements. Every startup will […]
How Do I Name My Texas Series LLC?
A question that we frequently get from our Series LLC clients is, “How do I name my Texas Series LLC?” This is really two questions in one – as the parent and cells within the series will each have different […]
The Difference Between A Copyright, Patent & Trademark
Copyrights, Patents, and Trademarks – oh my! Intellectual property (and we’re not talking about a smart piece of real estate) consists of copyrights, trademarks, and patents. There is a lot of confusion as to the application and distinction of each. […]
A Primer On Trademarks
So, what’s the difference between ™ and ®, you ask? For the most part, it’s simple – filing fees. A trademark (or service mark) is a common law right that is established by using the mark in commerce and letting […]