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Georgia Business Law Questions & Answers
1 Answer | Asked in Business Law for Georgia on
Q: What financial statements are required to give members of our non profit 501(c) 4 club in Georgia?

A member is requesting FY2021 Annual Financial report, all financial records for FY22 including incoming funds, and outgoing funds (checkbook stubs/ledger), money market balance, and "bottom line" total assets as of now (checking, money market, CD's and anything else).

Matthew Morris
Matthew Morris
answered on Mar 8, 2023

Let's start with the FY21 financial report. Under Georgia law, a nonprofit corporation "shall furnish" a member with a copy of "its latest prepared annual financial statements ... in reasonable detail as appropriate, that include a balance sheet as of the end of the fiscal year... Read more »

2 Answers | Asked in Bankruptcy, Business Law and Internet Law for Georgia on
Q: I want to buy an avalable domain name of a competitor that went out of business, chapter 7, and redirect to my website.
David Luther Woodward
David Luther Woodward
answered on Feb 14, 2023

What is the question?

All non-exempt property of the debtor is for sale by the trustee in Chapter 7. If you have issues with this, contact a local bankruptcy lawyer for guidance. But you should contact the trustee.

The trustee's name and address are on the docket of the case...
Read more »

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1 Answer | Asked in Business Formation and Business Law for Georgia on
Q: I want to change the name of the organizer in my business
Glenn M. Lyon
Glenn M. Lyon
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.

1 Answer | Asked in Contracts and Business Law for Georgia on
Q: Can email/text be used to show breach of contract?

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 »

Glenn M. Lyon
Glenn M. Lyon
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.

1 Answer | Asked in Business Formation and Business Law for Georgia on
Q: If I form a Domestic LLC named "XYZ Co. LLC" do I need to file a DBA with my county to advertise as simply "XYZ Co."?

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.

Glenn M. Lyon
Glenn M. Lyon
answered on Nov 16, 2022

Generally, just dropping the company designation (LLC or Inc.) does not require a trade name registration.

1 Answer | Asked in Business Formation and Business Law for Georgia on
Q: What's the order of the steps to revoke S-Corp election and change from partnership LLC to Single member LLC in Georgia?

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 »

Glenn M. Lyon
Glenn M. Lyon
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.

1 Answer | Asked in Business Formation and Business Law for Georgia on
Q: Should I create a Trust to control a C-Corp to control an LLC?

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

Glenn M. Lyon
Glenn M. Lyon
answered on Sep 30, 2022

Almost certainly not, unless this is a larger organization.

1 Answer | Asked in Tax Law and Business Law for Georgia on
Q: Video Editing for Clients in Another State | Tax Question

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 »

Glenn M. Lyon
Glenn M. Lyon
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 »

1 Answer | Asked in Business Law, Employment Discrimination and Employment Law for Georgia on
Q: Can I sue someone for not paying me even if we didn’t have a contract?

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.

Glenn M. Lyon
Glenn M. Lyon
answered on Sep 6, 2022

Yes.

1 Answer | Asked in Business Formation and Business Law for Georgia on
Q: For part 9, if the business rents the property, does it then need to register as a foreign LLC?

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.

Glenn M. Lyon
Glenn M. Lyon
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.

1 Answer | Asked in Business Law for Georgia on
Q: In order to amend articles of association Business Purpose, does Board of Directors or Shareholders have authority?

Specifically, the business purpose as listed on the Georgia Articles of Incorporation

Glenn M. Lyon
Glenn M. Lyon
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?

1 Answer | Asked in Business Law and Tax Law for Georgia on
Q: This is a business tax law question for the state of Georgia.

I just received my first Business Personal Property Tax Return. I am a sole proprietor in my first year of business. My tangible personal property pertaining to my business is worth about $3000. Am I still required by law to submit the Business Personal Property Tax Return?

Glenn M. Lyon
Glenn M. Lyon
answered on Apr 13, 2022

Yes.

1 Answer | Asked in Consumer Law, Business Law and Collections for Georgia on
Q: Is a "professional parking management" company's fines enforceable? Not through a govt agency but a private company.
Cory D. Raines
Cory D. Raines
answered on Feb 26, 2022

These fines are generally not enforceable like tickets issued by law enforcement agencies. However, failure to pay the fines could result in outstanding balance being sent to a collection agency, which could negatively impact your credit.

1 Answer | Asked in Business Law, Employment Discrimination and Probate for Georgia on
Q: I failed to ask for ID and served a minor alcohol. There is a fine to pay. Is it me or the restaurant who is to pay?
Jammie Taire
PREMIUM
Jammie Taire PRO label
answered on Jan 30, 2022

Unfortunately you posted this in the probate section; however, you as an FYI, if you received the citation then you need to appear. You should speak to your employer regarding respoonsibility.

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Georgia on
Q: How do I file for a motion for dismissal of civil claim? Plaintiff has lied. Contract give us both same responsibility

He has filed a claim as if he had o responsibility, even tho our contract says different

Cory D. Raines
Cory D. Raines
answered on Jan 23, 2022

Without more information on the circumstances surrounding the dispute, a complete answer cannot be given. However, filing a motion to dismiss can be done for a variety of reasons and is case specific. Therefore, It is highly recommended that you contact an attorney that specializes in civil suits.... Read more »

1 Answer | Asked in Tax Law, Business Formation and Business Law for Georgia on
Q: Is it correct that my fitness franchise that I am opening in GA will have sales & use tax?

Business is a franchise I have purchased from franchisor. Products are: monthly memberships for personal training service, the occasional apparel sale, beverage sales (bottled water, etc.), and nutritional supplements (sold online). I will have personal trainers who are my employees. I'm... Read more »

Glenn M. Lyon
Glenn M. Lyon
answered on Jan 5, 2022

Yes, for both the services and products.

2 Answers | Asked in Business Law, Contracts and Trademark for Georgia on
Q: Hello, I am interested in acquiring an already existing trademark. How would I go through the process of buying the TM?

I want to purchase the rights to ownership of this trademark:

Serial # "78338468", Registration # "3204956", Status "710 - Cancelled - Section 8".

Marcos Garciaacosta
Marcos Garciaacosta
answered on Nov 30, 2021

You need to visit and consult with an attorney.

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1 Answer | Asked in Personal Injury, Real Estate Law, Business Law and Construction Law for Georgia on
Q: In Georgia, can you attach a fire escape ladder outside of your second or third or fourth story window? Permanently?

What types of certifications or permits would a company need to start installing Fire Escape Ladders in homes and commercial buildings up to four stories tall?

Michael D. Birchmore
Michael D. Birchmore
answered on Nov 25, 2021

You will need to check with your local city, county authorities to determine what type of permits and inspections will be necessary for your particular location.

1 Answer | Asked in Business Law and Civil Litigation for Georgia on
Q: Once in default must it go to auction or can I follow the signed contract that says Owner may dispose of the contents?

I have owned a self storage facility in Georgia for years and have never held an auction. Our contract was pulled straight from Ga code title 10-4-213, stating we will dispose of the contents if customer is in default. (We always allow 60 days before sending out certified letters or e-mails... Read more »

Michael D. Birchmore
Michael D. Birchmore
answered on Oct 13, 2021

Your new manager may be correct. Make sure that you are reading the 2021 version of the OFFICIAL CODE OF GEORGIA ANNOTATED. If you remain uncertain after reading the newest language, you should probably meet with a business law attorney who can assist you in understanding your legal obligations.

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