Answers to some frequently asked questions.
Jean and Richard Fair are the managing attorneys of Fair and Fair, PLLC. We're a family-owned (husband and wife) law firm that is helps people throughout the Katy and West Houston area with business formations, family law, estate planning/probate, and real estate law. We focus specifically on asset protection and using technology to provide legal services to folks throughout the state of Texas. Specifically, providing wills online is one of our top priorities.
We strive to keep our overhead low by not keeping an army of support staff for important matters such as answering a client's email or phone call. As a result, this allows us to keep our rates lower for our clients while still offering responsive and personal service.
We accept all major credit cards (Visa, Mastercard, American Express, and Discover). Additionally, we accept cashier's checks if you're mailing payment. If you're meeting us in person at our Katy or Waco office, we also accept personal checks and cash.
Calling is generally the best way to get in touch with us -- (281) 973-7255.
We keep our lines open from 9:00 AM to 9:00 PM -- Monday through Saturday.
If we don't answer, we're either meeting with a client, in court, or on another phone call. Please leave us a message and we'll get back with you the same day if you call before 9:00 PM.
If you'd rather email us, please contact us at [email protected]
To comply with the Texas Secretary of State's requirements, your business name must not be the same as, or deceptively similar to, any other names on file with the Texas Secretary of State.
To dermine if your desired business name is already registered in the Texas Secretary of State's database, you may call the Texas Secretary of State at (512) 463-5555. Please note that an approval by the Texas Secretary of State for your desired business name does not mean that your use of that name will not infringe on another's intellectual property rights at the state or federal level, or protect you from a future lawsuit.
When conducting due diligence, you should not limit your research to Texas records or any specific database. Rather, you should conduct an exhaustive search on the local, state, federal, and potentially international levels for trademark registrations and/or common law rights.
Please remember that searching the Texas Secretary of State's database will only result in names contained in their database. They will only reject a name that is an exact match or deceptively similar to another existing business name in their database.
If you would like more information about conducting a due diligence search or potentially protecting your business's names rights by registering for a federal trademark with the United States Patent and Trademark Office (USPTO), please feel free to contact us to speak with one of our trademark attorneys.
All LLCs will have owners (also known as members). In Texas, LLCs have the option of choosing to have "managers," in addition to the members, manage the company. Generally, the managers are also members of the company.
If the LLC does not elect to have Managers, the LLC will be considered Member-Managed. Basically, the LLC will be governed by the members of the company. Each member will vote their ownership percentage.
In a Manager-Managed LLC, the members will elect the managers and the managers will govern the LLC. A Manager-Managed LLC resembles a corporation where the business has shareholders (similar to members) and a board of directors who make the day-to-day decisions (like managers).
First, we have significantly lower costs than other attorneys and law firms. We answer our own phones, answer our own emails, don't keep a small army of support staff, and personally design our website.
We're fundamentally against hiring support staff that create an extra layer between the attorney and client. We'd rather talk to you directly and keep our costs low, so that we can help more Texans.
We'll admit that we're not as cheap as some of the online form making services (Legal Zoom and Rocket Lawyer), we'd like to think that the added benefit we offer is actually being able to speak with a Texas business attorney who routinely forms Series LLCs than blindly answering a bunch of questions on a web form and hoping the form gets it right.
We don't nickel and dime clients for every minute they talk to us. We offer a 30 minute consultation with each package we offer, but certainly don't mind taking the time to speak with you longer if needed.
Business addresses are used for Federal EIN applications. The IRS requires this information to determine the primary county in which the business is located.
Yes, many of our clients use their home address. In fact, clients often use P.O. Boxes instead of their home addresses for purposes of privacy and asset protection.
However, if you want to be a Registered Agent for your LLC, you will need to provide a physical street address to comply with the Texas Secretary of State's requirements.
Capital contributions are the dollar amounts each owner contributes to the business. These are not loans to the business.
The initial capital contribution is often considered the purchase price for the owner's ownership percentage in the company. The initial capital contribution can be a nominal amount such as $100, or the actual amount the member is expected to contribute to the new business in return for being an owner.
The initial capital contribution should not be a made up or fabricated number, as each owner will need to actually contribute the intial capital contribution amount to the business.
Yes, an owner (member) is generally the Registered Agent for LLCs in Texas.
The Registered Agent requirements are:
- the Registered Agent must consent to the appointment;
- the Registered Agent must be located in Texas; and
- the Registered Agent's address must be a physical address in Texas (no P.O. Boxes or mail service)
If an owner cannot meet all of those requirements (or doesn't want to perform the duties of a Registered Agent), we can hire a Registered Agent service for the LLC for $125.00 per year.
Corporations must have at least a President and a Secretary. Unlike a corporation, Texas LLCs are not required to have officers.