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Questions Answered by Glenn M. Lyon
1 Answer | Asked in Business Law for Georgia on
Q: If I am CEO and 51% owner of a company can I give raises and set how much without my partners input or lack of.
Glenn M. Lyon
Glenn M. Lyon
answered on Oct 16, 2023

Subject to his/her fiduciary duty (and possible other applicable laws), a CEO is authorized to handle employment issues for the company, including setting salaries. However, there could be a written agreement (typically call a shareholder agreement (corporation) or an operating agreement (LLC))... View More

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: I have non profit that is renting a space from a church I'm signing MOU that states partnership. Does this make us partn

There's a line on our MOU that states partnership. Does this mean that the church will have access to our business

Glenn M. Lyon
Glenn M. Lyon
answered on Nov 3, 2023

It depends on what you mean by "access," but either way you should revise the MOU to remove that language and specifically disclaim any type of partnership with the church, including limited partnership, limited liability partnership, etc.

1 Answer | Asked in Civil Litigation and Contracts for Georgia on
Q: If lease says I need to give a 60 day notice to vacate can I submit a 30 day notice to vacate?

The landlord gave us a 60 day notice to vacate which would extend our rental lease by 10 days after we verbally informed them we wouldn’t be extending. Can I submit a 30 day notice to vacate and refuse to pay the extended lease?

Glenn M. Lyon
Glenn M. Lyon
answered on Oct 27, 2023

It depends on the terms of your lease.

1 Answer | Asked in Business Formation for Georgia on
Q: 2 people starting a company together need guidance

2 people starting a company together.

1 person has the availability to invest more finical risk, one is brining more expertise.

How do you recommend structuring this in a fair way that protects both parties.

Glenn M. Lyon
Glenn M. Lyon
answered on Jul 22, 2023

That is too much of an open-ended question for an online Q&A forum. You should consult with a local business attorney and have them draft a comprehensive operating agreement (if an LLC) or shareholders agreement (if a corporation).

1 Answer | Asked in Business Formation for Georgia on
Q: in a limited partnership, can an llc be a general partner
Glenn M. Lyon
Glenn M. Lyon
answered on Jun 29, 2023

Yes, and that is often the case for liability protection for general partners.

2 Answers | Asked in Business Law and Contracts for Georgia on
Q: Personal vs business name on a contract?

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

Glenn M. Lyon
Glenn M. Lyon
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.

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1 Answer | Asked in Business Formation for Georgia on
Q: Will a lawyer help file paperwork to convert a foreign LLC to a domesticated LLC?

Paperwork includes certificate of conversion, and articles of organization

Glenn M. Lyon
Glenn M. Lyon
answered on Apr 14, 2023

Yes. While not an overly complicated process, it needs to be done correctly.

1 Answer | Asked in Consumer Law, Contracts, Employment Law and Workers' Compensation for Georgia on
Q: I currently have a 501c and want to add a LLC to it. What do I have to do?
Glenn M. Lyon
Glenn M. Lyon
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.

3 Answers | Asked in Civil Litigation and Small Claims for Georgia on
Q: I’m being sued for small claims amount on documents state I owe the plaintif $2,491.00 for money I took from his busines

Plaintiff states while working for his business I (Took) money from his business

Glenn M. Lyon
Glenn M. Lyon
answered on Mar 29, 2023

What is your question?

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1 Answer | Asked in Business Law and Civil Litigation for Georgia on
Q: Me and a partner purchased 4 vehicles together. I am now wanting to liquidate the business sell the 4 vehicles

Pay the remaining debt and bills from the business and split the remaining money. How can I go about doing this? We cannot agree

Glenn M. Lyon
Glenn M. Lyon
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.

1 Answer | Asked in Contracts and Employment Law for Georgia on
Q: If a non-compete prohibits working for a client for 2 years, does it cover working as an independent contractor for one?

Georgia law applies; contract work involves helping the client finish writing documentation regarding the former employers software.

Glenn M. Lyon
Glenn M. Lyon
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.

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... View 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 for Georgia on
Q: DBA or forming a new business with a friend?...the members of the llc being our own individual llcs we own

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... View More

Glenn M. Lyon
Glenn M. Lyon
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.

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 for Georgia on
Q: Is my side business (or coffee table) safe from my full time job’s NDA?

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... View More

Glenn M. Lyon
Glenn M. Lyon
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.

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... View 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?... View 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... View More

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