Business Law El Paso TX
There are many trained Business Law attorneys but most have little or no experience in the real-world of setting up and operating a business. They only see the legal side of the situation and much of their advice is related to the extreme worst-case scenarios of the law. This is where our law firm differs from others. The owner, Mark Winton, has over a decade of experience as a business owner. He owned and operated several construction companies and currently owns an importation company and real estate investment holdings entity. Because of this personal first-hand knowledge with starting, operating, and selling a business, he possesses real world, day-to-day advice that can assist you in operating your business, not just the extreme situations.
Below are just a few examples of the business services we provide. Be advised, there is no wrong question when it comes to owning and operating a business and the law.
Please call 915-201-2633 to schedule an appointment and answer any of your questions.
Entity Formation
When starting a business, no matter the size, it is critical that you legally establish the business entity prior to starting operation in order to give yourself the individual personal protection. If you operate a business as an individual and do not have an entity established, you can be held personally liable for injuries and damages—meaning that the injured person can attack and take your personal wealth and assets. By establishing a legal entity like a Corporation or Limited Liability Company (LLC), you can limit your exposure to just the assets of the company and protect your personal assets.
This is especially useful for real estate holdings like rentals, where an injury to one of your tenants could be your fault as property owner. Additionally, there are additional tax advantages to having a business entity that can be further explained by a CPA or licensed tax consultant.
Business Contracts
Nearly all businesses will need to establish in house contracts to use with vendors or buyers of their goods and services. We can help tailor your contracts to best protect you if/when a buyer owes you money but refuses to pay. By including provisions that include forum clauses and jurisdictional consents, we can design you a contract that will make it easier and quicker to collect from them.
If you are being asked to sign a contract with a vendor it is in your best interest to have an attorney review and explain the contract before you sign. All contracts are negotiable—just because someone has presented you a contact, doesn’t mean you have to agree to all the terms.
Creditor/Debtor Issues
If you find yourself in the position where your business may be owed money or you owe money, you should consult an attorney before pursuing the debt or paying. There are a myriad of federal and state laws that protect debtors and violation of these laws could cost you or even void your claim. For example:
As a creditor, if your debtor informs you that they have an attorney and you continue to contact the debtor directly and not the attorney for the debtor, you may owe damages to the debtor under the Fair Debt Collection Practices Act. This is an advantage of hiring an attorney to help protect you from harassment from creditors.
As a debtor, you may not even legally be responsible to pay the debt if a certain amount of time has elapsed since your last payment, also known as the statute of limitations.
Please call 915-201-2633 to schedule an appointment.
