The short answer is no, but you might want one anyway.
It might seem odd that a business attorney who helps people start their businesses for a living would tell people that they don’t actually need an attorney to help start their business. But, that is the real honest answer. Now, there are some caveats to that answer, so don’t discount the idea of having your own Texas business lawyer just yet.
Technically, the Secretary of State’s website is accessible to every person with computer access. You can go on their website, choose your entity that you would like to file, fill out the information, pay the fee, submit your paperwork, and in a few days have your business officially formed and recognized by the state of Texas. Lawyers do not have special passwords or forms that allow us to do that particular process any different than anyone else. So no, technically, you do not need an attorney to start a business in Texas.
However, filing and registering your business is really only part of the equation. You will certainly have an entity after you file, but are you sure it is the right entity for the kind of business you are expecting to run? Are you familiar with the ins and outs of what you would consider the day to day operations of that entity to be? These are the kinds of questions an attorney can help you solve—choosing an entity doesn’t mean that you choose the one that was right for someone else. An LLC may have been a good idea for your uncle’s barbershop, but that might not be the right vehicle for your real estate investment partnership. LLCs also have fairly strict guidelines in the Texas Business Code for how they must operate on a day to day basis in order to actually receive liability protection, and your attorney can help structure your Operating Agreement to streamline those activities and keep you in compliance.
There are several steps to starting a business in Texas that individuals are more than capable of handling by themselves. However, an attorney can make all the difference when questions come up around the forming, filing, and running of your operations. San Antonio Business Lawyer Nathaniel Gilbert can guide you in the process of starting your new small business, and will help explain the operating procedures to maintain your business along the way. For more information about LLC Formation with Nate, Click Here. To contact Nate directly, Click Here.