Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Glenn M. Lyon
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 Contracts for Georgia on
Q: How strong is a verbal agreement with strong circumstantial evidence in Georgia?

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 »

Glenn M. Lyon
Glenn M. Lyon
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 »

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 Formation for Georgia on
Q: can the seller of a llc buy back 50% from the buyer in exchange for running it and now capital
Glenn M. Lyon
Glenn M. Lyon
answered on Aug 15, 2022

Only if the parties agree on the terms or the original purchase agreement permits the seller to do so.

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 Business Formation for Georgia on
Q: How to file a Amendment of articles of organization when of the member is voluntary withdrawal from partnership?
Glenn M. Lyon
Glenn M. Lyon
answered on Mar 9, 2022

First, if you have filed articles of organization it is an LLC and not a partnership. And only if the articles list the members (owners) of the company would you need to amend them. (Listing the members is not required and is uncommon.) If they do, you can find instructions on the Georgia... Read more »

1 Answer | Asked in Contracts for Georgia on
Q: How do I sign a travel permit that allow my child to travel but also hold them accountable due to negligence,if occured?

I have a travel permit form and after signed, it allows the company to take my child to and from field trips, however, it also excludes them from being held liable for any accidents or misfortunes while transporting. I want to signed it but also state if there is any negligence, yes, they will be... Read more »

Glenn M. Lyon
Glenn M. Lyon
answered on Mar 1, 2022

You would need to propose changes to the terms of the agreement and submit them to be either accepted or rejected by the travel entity.

1 Answer | Asked in Mergers & Acquisitions and Real Estate Law for Georgia on
Q: Will a quick claim deed with no language stating that a merger would not taking place cancel a deed to secure debt ?

I had the deed to secure debt due to a loan with property owner

two years later due to ongoing financial help half interest in the deed was quick deeded into my name The property has foreclosed and the homeowners accosiation is vying for a portion of the excess funds and there position is... Read more »

Glenn M. Lyon
Glenn M. Lyon
answered on Feb 9, 2022

I don't follow your posting and the situation is likely too complicated for an online forum like this anyway. You should retain a local real estate attorney to advise you. And just FYI, it is called a "quit claim deed."

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Georgia on
Q: I hired a management company but fired them. I sold the house shortly there after. Now they want 3% commission

they did not market the house nor did they locate the tenant. I did not sell the house to the tenant or anyone related to the tenant but to an investment company. Are they entitled to this commission payment? Area of question is Atlanta GA

Glenn M. Lyon
Glenn M. Lyon
answered on Jan 18, 2022

It depends on the terms of the agreement with the management company. Sometimes the agreement will state that they still earn a commission if the house sells within a certain time even if the agreement has been terminated. Have an attorney review the terms and advise of your options.

1 Answer | Asked in Business Formation for Georgia on
Q: I am not changing the name of organization, I just want to add additional members to the org, which I forgot initially.

Is there a sample document you can provide please? I have submitted the document with all those details, Article One, Two and Three, but my application got rejected. Is Articles Of Amendment must? how should it look like? Is attaching Operating Agreement enough?

Glenn M. Lyon
Glenn M. Lyon
answered on Jan 10, 2022

Unless your current Articles of Organization list the members of the LLC you do not need to amend them. You just need to issue membership interests to the new members and have them sign a new operating agreement. However, the operating agreement should be drafted by an attorney since you will now... 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 Contracts and Real Estate Law for Georgia on
Q: Can I back out of a partnership real estate deal where the partners don't own title to the house

I want to back of this deal now and give them their money back. Purchased a house to flip in my name, worked on the deal 1 year 1/2. 2 friends wanted to flip too. I told them I had a house I had been working for for 1 1/2. The 1 friend put in $16,000 to buy the house and quiet the title. The... Read more »

Glenn M. Lyon
Glenn M. Lyon
answered on Dec 16, 2021

With a few exceptions that likely don't apply here, oral agreements are enforceable as long as you can adequately prove the elements of the contract. As such, just based on the fact that the agreement was not written would not give you the right to void the agreement. Otherwise, your rights... Read more »

View More Answers

1 Answer | Asked in Contracts and Civil Litigation for Georgia on
Q: How do I answer a complaint?

A contract was signed and broken. A new contract was made, and implemented with automatic payments, then I received a summons.

Glenn M. Lyon
Glenn M. Lyon
answered on Dec 8, 2021

Generally, you must file an answer with the court within 30 days of when the summons and complaint were officially served on you. As far as what to include in your answer, that is certainly too complicated for an online Q&A forum. Retain a litigation attorney and they will advise you on how... Read more »

2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Georgia on
Q: In state of georgia, is landlord required to give notice when lease is nearing expiration?
Glenn M. Lyon
Glenn M. Lyon
answered on Oct 14, 2021

Not unless the lease requires it.

View More Answers

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.