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Questions Answered by Nicole Theodore
1 Answer | Asked in Business Law for Georgia on
Q: I am in the process of starting a commercial cleaning business LLC. Do I need to obtain the business insurance first

before I apply for the business license

Nicole Theodore
Nicole Theodore answered on Mar 11, 2019

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... Read more »

1 Answer | Asked in Business Law for Georgia on
Q: We purchased a business from a family member without getting an agreement in writing. What are my options?

In 2012 my husband bought a lingerie botique from his parents. The agreement was that we would pay $600.00 per month until we paid a total of $60,000.00 ! To date we have paid them $50,400.00.

Now that we are close to being paid off , my father in law is claiming he never agreed to the... Read more »

Nicole Theodore
Nicole Theodore answered on Mar 6, 2019

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... Read more »

1 Answer | Asked in Business Law, Employment Law and Contracts for Georgia on
Q: How can I confirm that every contract entered into between a previous employer and I is no longer in effect?

I am Georgia. In 2016 I joined a company, Exide, with a humongous amount of stuff that I signed during the hiring process. I quit in January 2017, but now I am concerned that there is still some legal arrangement between that firm and I. I do not have a copy of the stuff that I signed, but I am... Read more »

Nicole Theodore
Nicole Theodore answered on Sep 27, 2018

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... Read more »

1 Answer | Asked in Business Law for Georgia on
Q: I want to terminate my partnership , how do I go about leaving if it’s never made money or filed taxes ?

The only thing is the LLC is in both our names

Nicole Theodore
Nicole Theodore answered on Jul 13, 2018

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... Read more »

1 Answer | Asked in Business Formation for Georgia on
Q: YOUR BUSINESS FILING HAS BEEN REJECTED FOR THE FOLLOWING REASON :Conversion Statement Missing – Manner & Basis: Failed

YOUR BUSINESS FILING HAS BEEN REJECTED FOR THE FOLLOWING REASON :

Conversion Statement Missing – Manner & Basis: Failed to include a statement in the Certificate of Conversion specifying the

manner and basis of conversion.

Please include manner and basis statement... Read more »

Nicole Theodore
Nicole Theodore answered on Jun 18, 2018

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... Read more »

1 Answer | Asked in Business Formation and Business Law for Georgia on
Q: How do I transfer an LLC registered in Florida to be an LLC in Georgia?
Nicole Theodore
Nicole Theodore answered on Jun 15, 2018

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... Read more »

1 Answer | Asked in Business Formation, Business Law and Civil Litigation for Georgia on
Q: If im incorporated at a address can someone use the same address or threshold
Nicole Theodore
Nicole Theodore answered on Jun 15, 2018

Can you clarify your question? Not sure what you mean.

1 Answer | Asked in Business Law for Georgia on
Q: Do I need a business permit to practice mobile massage ? I am a licensed massage Therapist
Nicole Theodore
Nicole Theodore answered on Jun 15, 2018

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... Read more »

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