A 51/49 operating agreement names one person as the majority owner in the company and the other as the minority owner.
In general, sole proprietorships and partnerships need to register and file the business name (DBA or assumed name) with their local county clerk's office. If you decide to incorporate, the Secretary of State's Office (SOS) website has information on choosing the right legal structure for you.
The easiest way to prepare a business partnership agreement is to hire an attorney or to find a customizable template. If you're writing your own agreement, find a template for a company that's similar to the business you're starting.
Each partnership type carries different risks if you have no formal agreement with your business partner. However, if you have no written business agreement in place, you may be unable to carry out the day-to-day tasks of the partnership, like paying yourself a salary.
While the partnership agreement is not filed for public record, the limited partnership must file a certificate of formation with the Texas Secretary of State. The Secretary of State provides a form that meets minimum state law requirements. Online filing of the certificate of formation is provided through SOSDirect.
Without a written agreement stating otherwise, the default rule is that each partner in a partnership is entitled to an equal share of the partnership profits. While this may be intended when each partner contributes similar value to a partnership, it can be less than ideal where the contributions are asymmetrical.
Without a writing, you would be unable to enforce the contract if you believe the other party had breached its terms. Don't make the mistake of not protecting your rights.
If, as a Partnership, there has been no Partnership Agreement drawn up, the default provisions may come as a surprise, including to some of the actual Partners! Examples of some default provisions of the Act include: Partners must share equally in capital and profits (regardless of their initial capital contributions);
While the partnership agreement is not filed for public record, the limited partnership must file a certificate of formation with the Texas Secretary of State. The Secretary of State provides a form that meets minimum state law requirements.
However, if you have no written business agreement in place, you may be unable to carry out the day-to-day tasks of the partnership, like paying yourself a salary. Instead, you and your partner may need to wait until the end of each year and split the partnership's profits and losses equally.