The Bradley B. Clark Law Group, P.C. is proud to announce that in addition to being named to the 2014 Texas Rising Stars List, Bradley B. Clark has been named to the 2014 “Texas Super Lawyers” list published by Super Lawyers – a Thompson Reuters publication rating service. According to Super Lawyers, inclusion is based on a highly selective process comprised of detailed and comprehensive peer nominations, evaluations and research – yielding only

The Bradley B. Clark Law Group, P.C. is proud to announce that for the third consecutive year Bradley B. Clark has been named to the 2014 “Texas Rising Stars” list published by Super Lawyers – a Thomson Reuters publication rating service. “Texas Rising Stars” recognizes lawyers across more than 70 practice areas who are 40 years or younger, or in the first 10 years of their practice. According to Super Lawyers, inclu

This is perhaps one of the most frequently asked questions I receive from prospective clients inquiring about the series LLC structure. In Texas, a series LLC (despite the number of series) files one franchise tax report and one public information report under its Texas taxpayer identification number. (See FAQ #19) A Texas series LLC may qualify to file a “No Tax Due Information Report” (Form 05-163) if its total annualized revenue is

Over at the real estate blog, BiggerPockets.com, Ali Boone wrote an excellent article entitled “Should You Put Your Rental Properties in an LLC?” As of today, the article has generated over 90 comments. Below, I have republished my comment from back in August here for my readers: Ali: I am a Texas attorney and I have formed a number of series limited liability companies for my real estate investor clients (both residential and commerc

When applying for an employer identification number (“EIN“) on IRS.gov you must provide the legal name of the LLC that is applying for the EIN. The dilemma presented to applicants is that the name of the LLC on file with the Texas Secretary of State (and the one that should therefore be used) will not match the name of the particular series for which you are applying for an EIN. And if you have multiple series inside the LLC you will

The In July 2009 I wrote this post about Texas’ adoption of the series limited liability company. Recently, I reviewed a certificate of formation for a Texas series LLC on the Texas Secretary of State’s website that failed to include the notice of limitation required by §101.602(b)(3) of the Texas Business Organizations Code. Section 101.602(b) states: Subsection (a) applies only if: … (3) the company’s certificate of form

The Austin court of appeals recently joined the Dallas Court of Appeals in concluding a holdover provision in a commercial lease agreement is not an unenforceable penalty. The holdover provision in Kahn v. Meknojiya stated: 2.07 Holding Over. If Tenant does not vacate the Leased Premises upon the expiration or earlier termination of the Lease, Tenant shall be a tenant at sufferance for the holdover period and all of the terms and provisions of th

Porras v. Jefferson, __ S.W.3rd __ (Tex. App.—Houston [14th Dist.] 2013, no. pet. h.). A trial court has certain “inherent powers” it can utilize to aid in the exercise of its jurisdiction, in the administration of justice, and in preservation of its independence and integrity. Examples of such powers include the ability to: change, set aside or otherwise control judgments; summon and compel the attendance of witnesses; punish by cont

The series limited liability company is quickly gaining popularity among real estate investors for many reasons. One common operational issue I’ve encountered representing real estate investors, software companies, and lenders that have made use of the series LLC structure is how to execute and acknowledge contracts. Below is the current signature block and acknowledgement I recommend using. Feel free to use this style and if you have recom

A recent LLC decision by the South Carolina Supreme Court caught my attention yesterday over at the LLC Law Monitor. In South Carolina a judgment creditor of a member of a LLC may foreclose on the debtor’s membership interest. See S.C. Code Ann § 33-44-504(b). In Texas, however, a judgment creditor’s exclusive remedy is entry of a charing order. See Tex. Bus. & Org. Code § 101.112(d). Texas specifically prohibits the foreclosure o

Over the last few weeks I have converted three Texas limited liability companies to Texas series limited liability companies (Wikipedia) and I am currently in the process of converting another. At the June 2013 University of Texas Continuing Legal Education conference on LLCs, LPs, and Partnerships we discussed series LLCs in Texas. During one of the sessions the speaker asked how many attorneys in the audience had formed a Texas series LLC. (Tex

Welcome to the Bradley B. Clark Law Group’s blog! Back on October 10, 2003, I launched the Texas Law Blog on Google’s Blogger platform. In the beginning, the Texas Law Blog was modeled after Howard Bashman’s popular How Appealing blawg (for you younger readers, that’s what we called law blogs back then). The Texas Law Blog had a large following over its 9-year existence. I recall the thrill of watching its Google Analytics