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Georgia Business Formation Questions & Answers
0 Answers | Asked in Business Formation for Georgia on
Q: My students paid dance competition states provides no refunds. Halfway through the stage broke. Do they owe refund

Comp is more than 3 hours behind schedule do to their delays stage broke and are asking to wait several hours more. Will only give credit no refund but none wants to to return. Does the competition and consumers act apply

1 Answer | Asked in Banking and Business Formation for Georgia on
Q: LLC - A of O states RA as Authorizor at the bottom. Will this prevent me from opening a business bank account?

Will a bank require that I am the Authorizor at the bottom of the Articles of Organization before I can open an account for the business? Or does Authorizor simply refer to the one authoring the A of O?

James L. Arrasmith
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answered on Feb 23, 2024

The term "Authorizor" on the Articles of Organization typically refers to the individual or entity who is authorized to sign and file the document with the state to establish the LLC. It does not necessarily mean that you must be the one who authored the Articles of Organization in order... View More

1 Answer | Asked in Consumer Law, Banking and Business Formation for Georgia on
Q: How can a co-signer take ownership of a car as the owner on the title is in jail? Co-signer is making the payments
John Michael Frick
John Michael Frick
answered on Sep 27, 2023

The jailed co-signer can sign a special power of attorney authorizing the free co-signer to transfer title into their name, subject to the lender’s approval.

2 Answers | Asked in Business Formation, Civil Litigation and Collections for Georgia on
Q: A promissory not that hasn’t been paid was due 7/21/2020 what can I do
T. Augustus Claus
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answered on Aug 28, 2023

If you have a promissory note that was due on 7/21/2020 and has not been paid, you have several options to consider. First, you could try reaching out to the debtor to remind them of the outstanding payment and discuss the situation. It's possible that there might have been a misunderstanding... View More

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2 Answers | Asked in Copyright, Business Formation, Business Law, Trademark and Intellectual Property for Georgia on
Q: Would there be any trademark infringements to Skippy Peanut Butter for a dog treat bakery to be named Skippy's Snack?

Skippy's Snack Shack

David Aldrich
David Aldrich
answered on Aug 8, 2023

If you are planning to use "Skippy's Snack Shack" as the name of a retail bakery shop, you would have a low risk with respect to the mark for Skippy peanut butter. However, if you used this name on the snacks themselves, you could potentially run into a problem. You should contact... View More

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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.

1 Answer | Asked in Copyright and Business Formation for Georgia on
Q: May I have help branding a few names for my companies and businesses.

I have a few businesses I have committed to and I am looking to brand them.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 19, 2023

Consult an experienced trademark attorney, to conduct a careful search to assure the marks are not confusingly similar to others in use, to advise how they should be used, and to prosecute the applications to register with the USPTO.

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 Business Formation, Business Law, Car Accidents and Civil Litigation for Georgia on
Q: i am looking into a business running a food /ice cream truck w/ hemp derived edibles.what are steps to take to protectit

i want to know what disclaimers i need for if they leave after an edible and go wreck a car then try to blame me for it or things of that nature. any other answers would be greatly appreciated. i want to be 100% legal with everything and turn this into an experience

Tim Akpinar
Tim Akpinar
answered on Apr 20, 2023

A Georgia attorney could advise best, but your question remains open for three weeks. Your question covers lots of ground - type of business structure, insurance, etc. - and it might be difficult to obtain meaningful guidance in the brief format of a Q & A forum. One option is to think about a... 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 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 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 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... View More

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