What To Ask Your Attorney About Transferring An LLC To Texas

Making business decisions, such as you starting to transfer an LLC to Texas, aren’t quite on par with choosing to go with full-fat yogurt versus fat-free. There are an insane number of moving parts. While one aspect of the transfer process isn’t as staggering as another, the weight of a bad move or a careless oversight is not the way you want to get operations going in another state.
Aside from the bad look, though, Texas, like every other state in the U.S., doesn’t take too kindly to poorly executed legal processes. At the very least, it makes you look bad. At worst, it makes it look as though you’re trying to skirt the law, and that’s no bueno. But what options do you have in order to keep these kinds of snafus from occurring? Easy – lawyer up.

The right LLC attorney will not only be able to help you put together the best course of action in the transfer process, but s/he will be able to help find any deficiencies, oversights, or causes for concern in your current operation. In many respects, it’s like having someone on your team that specializes helping you ‘up’ your corporate game, a third-party perspective many companies tend to shy away from to their detriment.

Finding an attorney who knows their way around LLCs isn’t tough to do. For starters, you could always ask another business owner who they use. Word of mouth, while viewed by many as a little old-school, is actually a powerfully effective way to get connected with the right people. Also, don’t forget that there are a number of online legal advice companies. Their fees tend to be easier on the wallet & the vetting process of available attorneys makes working in this modern fashion easier on the nerves. And of course, don’t discount the impact of business conferences & seminars as resources. Presenters at these get-togethers are often attorneys who provide advice on how to maintain operations without running afoul of the law.

As you start setting up meetings with would-be LLC attorneys, it’s important that you ask some good questions. For example:

Do I need to worry about domestication? This is simply the process by which the laws governing your LLC are specific to the new state. In this case, you’re seeking the oversight from Texas. This can be done for a number of reasons. For starters, keeping the LLC under the guidance of the same laws in the state you reside in means lessened legal filings & paperwork. You might also just simply not want to do business in the state where the LLC is currently registered.

Can I keeping my current LLC or do I need to form a new LLC? Complications can often arise with transferring an LLC to another state. The number of employees might be tough to mitigate, and you may have assets that are hard to transfer, or you may even have beneficial tax shelters with which you don’t want to part. Weighing the pros & cons requires sound legal advice.

What kind of paperwork do I need to have vs should have? Documentation & legal compliance are two concepts you need to be really married to when thinking about transferring an LLC to Texas or anywhere else. Remember the whole not running afoul to the law? A solid LLC lawyer will make sure you’re staying in the right when it comes to all of the documents you need for the transfer process.

Are these all the questions you need to ask? No. But the thing is that waiting to get legal help will only complicate matters when you’re trying to transfer an LLC to Texas. The legal ins & outs of doing anything business-related in the Lone Star State, or anywhere for that matter, are more than overwhelming. It is imperative to retain legal counsel to help with the transfer as early in the process as possible so that you don’t miss anything. Many a business decision has been railroaded by dotting every “i” but forgetting to cross even one “t”. Make your move as easy as possible & get a lawyer involved from the start.