Texas is doing fairly well these days in terms of small business growth, currently ranking fourth in the nation for jobs added by small businesses — in this case, those with fewer than 50 employees.

In fact, Austin was recently recognized as having the fastest-growing economy among large cities, while Round Rock ranked in the top 10 for economic growth among cities of any size. These rankings are largely due to employment numbers.

Growth of business operations typically brings with it a need for more employees, as well as the need for careful planning of contracts, employee relations and management.

Poor management of human resources creates liabilities for employers, and companies need sound legal strategies to avoid unnecessary complications that divert time and assets away from growing the business.

In addition to the creation of enforceable employment contracts, your business may need to cover a variety of other legal bases related to employment, including:

• Employee confidentiality agreements
• Promotion policies
• Non-compete agreements
• Employment manuals that establish the guidelines of the work environment
• Procedures for disciplinary action
• Employee entry and exit procedures, including termination procedures and employee testing

Texas businesses can guard against employment-related liabilities by taking action now.

While there is always a certain level of risk with a new hire, employers can protect their interests now and in the future with careful employment planning.

Slater Pugh, Ltd. LLP, provides contract and employment-related services to businesses in Austin and the surrounding areas. To learn more, please see our employment law overview.

While mergers are common in business, every deal has its legal nuances and complexities, and even minor mistakes can have long-term and costly effects. In addition to the legal agreements between the merging entities, the new or restructured corporation typically must create new or updated contracts, procedures and corporate bylaws.

Slater Pugh, Ltd. LLP, provides all of these legal services to merging and newly forming entities. Our firm assists Texas companies in:

• Creating or amending corporate bylaws
• Creating co-owner contracts
• Outlining shareholder relationships and negotiations
• Creating contracts that determine payment distribution
• Negotiating any severance pay issues

Merger Filing Requirements

A certificate of merger must be filed with the Texas Office of the Secretary of State if any of the filing entities is a domestic entity, or if the purpose of the merger is to create a domestic entity.

Merger filings in Texas typically include a plan of merger, plus any additional attachments required by the Texas Business Organization Code. For example, Texas entities created through a merger must provide additional statements regarding any amendments or changes to a certificate of formation, which must be attached to the merger filing.

As an alternative to filing a complete plan of merger, the merging parties may choose to complete and certify specific statements in the Alternative Statements section of the required form.

The Secretary of State notes two of the most common reasons for the rejection of mergers:

• Failure to include appropriate additional statements
• Failure to obtain the correct certificate of account status from the comptroller

It goes without saying that any business owner or organization considering a merger should have experienced legal counsel every step of the way, whether you’re filing the required forms, creating new contracts or updating your bylaws.

For more on these matters, please see our overview of business and corporate law.

In 2015 one study ranked Austin as having the fastest-growing economy among large cities. The factors considered in the rankings included population growth and decreases in unemployment rates, among others. In fact, of cities of any size, Round Rock also came in the top 10 in terms of economic growth.

Now a separate study conducted by NerdWallet has looked at 181 metropolitan areas in the U.S. to determine which cities are the friendliest to young entrepreneurs, and Austin again ranked at the top.

Depending on the type and scope of your plan, locating small-business financing can be difficult, but Austin came in fifth nationwide for U.S. Small Business Administration loans.

Per 100,000 residents, new businesses in Austin received nearly $18 million in SBA loans. These loans can be used to start, acquire or expand a small business. SBA also provides loans for assets such as buildings and land, as well as microloans for startups, disaster assistance loans, and loans for exporting working capital.

If you’re thinking of starting or expanding a business in Austin, then it’s wise to speak with an experienced business attorney about your financing options. A lawyer can help you select an appropriate loan structure and minimize the risk.

Analysts also looked at Austin’s local business environment, including the education level of the population and how cost of living affects the operating cost of a business.

Austin’s cost of living was found to be lower than the national average, and a lower cost of living, coupled with lower office and workspace costs, can be a boon to new businesses. In fact, Midland, Texas, was also in the top 10 in this area.

For entrepreneurs and startups, it’s crucial to get it right the first time around. 

A multitude of factors have to be considered when starting a new business. You have to be smart about the kind of entity you choose to create, and you have to make the right choices with regard to financing and capital development.

You’ll also need detailed, enforceable contracts that are specific to your business, and you’ll need to cover your bases with regard to intellectual property. And it’s a good idea to get a professional to assess the long-term risk of your business plan.

For more on these matters, please see Slater Pugh Ltd. LLP’s overview of representation for entrepreneurs and startups.