answered on Jan 23, 2023
You cannot retroactively change the name of the organizer once the entity is filed with the secretary of state. However, keep in mind that "organizer" does not mean that person is actually an owner of the company. It is simply the person or entity that files the articles.
I opened a LLC in Georgia in 2014 with 2 members in the Articles of organization, me and my spouse. I also elected for an S-Corp status (2553 & 8832) the same year. Now I want to revoke the S-Corp election AND also convert the multi member LLC to a single member LLC (my spouse will no longer be... Read more »
answered on Oct 11, 2022
No. There is no form to change to a single member LLC. You just transfer the membership interests to you from your spouse. And you do not need to record anything or file anything with the SOS unless you included ownership in the Articles of Organization.
I currently have a Georgia LLC doing video editing and will be moving to Michigan in a couple of months. Since I will be doing the work in Michigan I assume I would register there, but do I have to register as a foreign entity in Georgia? Will I end up paying tax to both states? How does that work?... Read more »
answered on Sep 30, 2022
If you begin conducting business in Michigan and don't do do anything else with the company, you will need to register in Michigan as a foreign entity since it is a Georgia entity (regardless of where you reside). Assuming you will not be moving back to Georgia soon, it makes sense to just... Read more »
Business acquired new name with only my name on it. Business account is in my name only. Partner started business two years ago but went in the red and I came in as an equal partner to save it. When I came in there was no assets or money in the business. The lease is in her name only for the... Read more »
answered on Sep 15, 2022
With a few exceptions that don't apply to your situation, oral agreements are as enforceable as written agreements. However, proving the existence of the agreement and its specific terms is the hard part. Whether you have a good chance of enforcing the agreement is a fact question that... Read more »
I am wondering if buying and renting residential property in GA means the out of state LLC needs to register as a foreign LLC in GA. No other business will be conducted outside of renting to tenants in the state of GA.
answered on Aug 16, 2022
Simply owning the property would not require foreign entity registration, but if the LLC rents out the property it would be deemed to be conducting business in Georgia and would be required to register with the Georgia Secretary of State.
I am a physician independent contractor doing locum jobs. I have my own LLC. I am having a new part-time job, what name should I put in that locum contract? My name or the business LLC name? Does it matter? Can I simply use my name and have the LLC name put on the W9? Thanks
answered on May 5, 2023
Since you already have the LLC set up you should use the name of the LLC on the locum agreement, and any accompanying documentation.
Paperwork includes certificate of conversion, and articles of organization
answered on Apr 14, 2023
Yes. While not an overly complicated process, it needs to be done correctly.
answered on Apr 13, 2023
It depends on what you mean by "add the LLC." In many instances, having a non-profit own a for-profit entity is a bad idea and can lead to the non-profit losing its tax exempt status. Discuss with an attorney who deals with non-profits.
Plaintiff states while working for his business I (Took) money from his business
Pay the remaining debt and bills from the business and split the remaining money. How can I go about doing this? We cannot agree
answered on Mar 23, 2023
I would need more information on the company, ownership percentages, positions, duties, contracts, etc. But generally speaking, you all would have to all agree to properly dissolve the company.
Georgia law applies; contract work involves helping the client finish writing documentation regarding the former employers software.
answered on Mar 23, 2023
It depends on the terms of the agreement. Most non-competes include competing as an employee and as a contractor, and in any other capacity.
I have a broker who drafted a purchase agreement between me and a potential buyer of my business.
The agreement was based on multiple emails and texts which the buyer and I had agreed on terms, conditions and price.
Two days ago she sent an email saying she couldn't sign... Read more »
answered on Dec 19, 2022
If there was an enforceable agreement, whether orally, via e-mails or through a more traditional written agreement, it depends on the terms of the agreement. If there was not an agreement there cannot be a breach.
Will be investing into real estate next year with a friend. We both have our own separate LLCs that have been established over two years and have business credit. The problem is...the names of the companies aren't geared toward the business venture we are looking to do now (real estate). We... Read more »
answered on Dec 7, 2022
Based on your posting forming a new LLC to operate the joint venture is likely to be the best option, so you might as well use the right business name to avoid having to register a trade name.
The Domestic LLC will officially be registered with the GA Secretary of State as "XYZ Co. LLC". I'm just trying to find out if I'm required to file for a DBA/Trade Name to drop the LLC portion for any kind of advertising or just reference to the company in general.
answered on Nov 16, 2022
Generally, just dropping the company designation (LLC or Inc.) does not require a trade name registration.
I do a side business inventing and making products within a specific industry. My full time job wants me to sign an nda Claiming ownership of products and intellectual property made or invented during time of employment and “relating in any way to employers business”. The two industries are... Read more »
answered on Nov 4, 2022
It really depends on the exact terms of the agreement and the specific facts of your side business. Have a business attorney review it and advise you accordingly.
I've been researching the best way to set up business entities and this is the conclusion I have come to. Is this an appropriate structure? Thank you
I went on tour with a rapper and I was the driver and the rapper said he was going to pay me but we didn’t sign a contract or anything. And now that the tour is over he has ghosted me.
answered on Aug 15, 2022
Only if the parties agree on the terms or the original purchase agreement permits the seller to do so.
Specifically, the business purpose as listed on the Georgia Articles of Incorporation
answered on May 27, 2022
You will need to provide additional information for a decent answer. Are you referring to the articles of incorporation or some other internal corporate document? Is there another document that addresses the issue?
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.