Questions Answered by Nicole Theodore

Q: I am in the process of starting a commercial cleaning business LLC. Do I need to obtain the business insurance first

1 Answer | Asked in Business Law for Georgia on
Answered on Mar 11, 2019
Nicole Theodore's answer
You don’t need to obtain your commercial liability insurance before you file your Articles of Organization with the state, but I would strongly recommend obtaining insurance before you begin accepting jobs/customers. I would recommend starting with filing your articles, getting an EIN, obtaining your local business license, register with Dept. of Revenue if you will have employees, and getting your commercial liability insurance as a part of that’s whole process, prior to opening the...

Q: We purchased a business from a family member without getting an agreement in writing. What are my options?

1 Answer | Asked in Business Law for Georgia on
Answered on Mar 6, 2019
Nicole Theodore's answer
Even though you have been making timely payments, it will be difficult to prove that you are almost “paid off” without a signed written agreement showing what the total agreed upon price was. You may also have a Statute of Frauds issue, as Georgia requires all contracts that cannot be completed within one year to be in writing, unless you fit into one of the exceptions. It does help your case that you have a witness willing to corroborate your side of the story, but it still wouldn’t...

Q: How can I confirm that every contract entered into between a previous employer and I is no longer in effect?

1 Answer | Asked in Business Law, Employment Law and Contracts for Georgia on
Answered on Sep 27, 2018
Nicole Theodore's answer
You should be able to simply reach out to your former employer and ask them to send you copy of your employment contract(s). Once you receive your copy, have it reviewed by a good business/employment law attorney to address if there are any lingering noncompete, non-solicitation clauses to which you may be bound contractually bound.

Q: I want to terminate my partnership , how do I go about leaving if it’s never made money or filed taxes ?

1 Answer | Asked in Business Law for Georgia on
Answered on Jul 13, 2018
Nicole Theodore's answer
Typically the terms set forth in the LLC’s operating agreement (OA) will determine what happens when an LLC member wants to withdraw, so that’s the first place to look. The OA should also specify what happens to your interest in the company. In the absence of an operating agreement, the default Georgia rules will apply. If no OA, you should have a business attorney draft a withdrawal agreement for both you and your business partner to sign. I would stress the importance of not trying to...

Q: YOUR BUSINESS FILING HAS BEEN REJECTED FOR THE FOLLOWING REASON :Conversion Statement Missing – Manner & Basis: Failed

1 Answer | Asked in Business Formation for Georgia on
Answered on Jun 18, 2018
Nicole Theodore's answer
Your filing is being rejected because the Georgia Code requires your Conversion Certificate to state (1) how the ownership interests in the LLLP are being converted to LLC ownership interests, or if they are not being transferred that they are being cancelled, OR (2) draft an Operating Agreement that addresses these matters. If you are unsure of how to go about getting this resolved, I would recommend hiring a Georgia Business Attorney to draft this for you.

Q: How do I transfer an LLC registered in Florida to be an LLC in Georgia?

1 Answer | Asked in Business Formation and Business Law for Georgia on
Answered on Jun 15, 2018
Nicole Theodore's answer
If you will be maintaining the Florida business and simply adding an additional office in Georgia, you can apply for a Certificate of Foreign Authority with the Georgia Secretary of State's office. The COFA is for businesses that have a main base of operations in another state, but also have a supplemental office (or also transact business) in Georgia. If you are shutting down operations in Florida and moving the entire business to Georgia, you would wind up your business in Florida (follow the...

Q: If im incorporated at a address can someone use the same address or threshold

1 Answer | Asked in Business Formation, Business Law and Civil Litigation for Georgia on
Answered on Jun 15, 2018
Nicole Theodore's answer
Can you clarify your question? Not sure what you mean.

Q: Do I need a business permit to practice mobile massage ? I am a licensed massage Therapist

1 Answer | Asked in Business Law for Georgia on
Answered on Jun 15, 2018
Nicole Theodore's answer
Yes. Even though your business is mobile, you will need an occupational tax certificate (business license) issued by the local government in which your principal office is located. You would have indicated where your principal office is when you filed your articles of organization/incorporation for your company with the Georgia Secretary of State's office.

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.