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Georgia Business Formation Questions & Answers
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 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.

1 Answer | Asked in Business Formation and Business Law for Georgia on
Q: I am looking for the Statute that designates what financial documents are required to be given to an investor.

My investor is asking, aggressively, for my businesses bank statements and I don’t believe that this is documentation he is entitled to.

Cory D. Raines
Cory D. Raines
answered on Oct 3, 2021

Depending on what type of investment opportunity you are offering will determine whether state, federal, or both laws apply. If federal, then securities laws outlined in the Securities Act of 1933 and 1934 as well as regulations provided by the Security and Exchange Commission will apply.... Read more »

1 Answer | Asked in Business Formation and Business Law for Georgia on
Q: Can i sue someone that ripped me off by putting money into there account for a buisness and they took off with the money

They are not giving me my money back out of the account and not allowing me to be apart of it

Cory D. Raines
Cory D. Raines
answered on Oct 3, 2021

Assuming that this person had an agreement with you to provide a good or service in exchange for your payment, then you likely have a claim against that person. These claims could include but are not limited to breach of contract, fraud, and unjust enrichment.

Depending on the underlying...
Read more »

1 Answer | Asked in Consumer Law, Business Formation, Business Law and Trademark for Georgia on
Q: I am trying to create a subsidiary brand in Georgia. Where do I do this?

For example Coke makes brands like Sprite and Fanta. Their the same soda brand that have different soda. That’s what I am trying to accomplish. I have an LLC already in Georgia. Do I just make buy another LLC? Is there like a box I fill out out under my already owned LLC?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Aug 3, 2021

You do not need any more LLCs

You need to register the brands to get protection against others who would want to use the same name

You need to consult with an attorney

1 Answer | Asked in Business Formation for Georgia on
Q: Can I have one parent company and multiple DBAs?

I have two small businesses that are home-based. I would like to get one business to act as a parent company to the other small businesses we create.

Cory D. Raines
Cory D. Raines
answered on Jul 5, 2021

Good question and yes you can create multiple doing business as (DBAs) registered to a single LLC. However, you will run the risk or exposing yourself to liability by keeping all your eggs in one basket, because a claim against one DBA will be a claim against all them. It is wise to create... Read more »

1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Contracts for Georgia on
Q: I signed a partnership agreement to start a new company. How do I back out before it gets started?

I signed a agreement to start a company. Nothing has been filed/registered/, the business does not yet exist. How do I back out of the agreement? I no longer have the financial assets to start one. My “partner” claims he signed the agreement thinking it was an already existing company. However... Read more »

Michael D. Birchmore
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Michael D. Birchmore
answered on Jun 3, 2021

Honestly? Anytime a person engages in drafting their own legal documents without the aid of an experienced attorney, that person has made a mistake. You should meet with a business attorney now to see what, if anything, you are now facing that will be harmful to you and whether it can be... Read more »

3 Answers | Asked in Business Formation, Business Law and Civil Litigation for Georgia on
Q: LLC is joined as Third Party Defendant in a counterclaim lawsuit, LLC is served with process, does LLC have to Answer?

In other words, please confirm if an LLC who was properly served with process to the registered agent (who is not an attorney) by court order, needs to hire an Attorney to "Answer" a counterclaim lawsuit as a Third Party Defendant. And please confirm if there is any Georgia State law... Read more »

Joshua Adam Davis
Joshua Adam Davis
answered on Mar 27, 2021

Under federal and Georgia law, a limited liability company must retain an attorney to appear on its behalf and represent it in court.

As always, you should have a confidential discussion with an attorney who can thoroughly explore the facts of your situation, as there is some ambiguity in...
Read more »

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1 Answer | Asked in Business Formation for Georgia on
Q: If I paid someone to create a drawing for a clothing line. How do I get full ownership of the drawing?

An idea I come up with but I have someone to draw it out in art for me on paper, but for me to have full ownership over the drawing because it's my idea. & if someone else uses it I have proof its mine and can sue anyway who use it for this own purpose without my permission?

Tim Akpinar
Tim Akpinar
answered on Jan 6, 2021

This looks more like an intellectual property matter than a business formation matter (where your post was originally uploaded). You could repost in the Copyright category. Not all questions are ultimately picked up, but your post remains open for four weeks. You would probably have better chances... Read more »

1 Answer | Asked in Business Formation, Business Law and Immigration Law for Georgia on
Q: I'm running a small business online and I'm looking to hire a helper. However my immigration status is pending I-485.

I already received an EAD. What should I proceed? Do I need an LLC? Can I hire someone (with my immigration status stated above)? Thank you!

Adan Vega
Adan Vega
answered on Aug 11, 2020

The employment authorization document (EAD) issued to you by USCIS authorizes your lawful employment while you await the adjudication of the FORM I-485. You can register an LLC if you are able to fulfill all of the state requirements of the state where you intend to operate your business. You can... Read more »

2 Answers | Asked in Contracts, Business Formation and Business Law for Georgia on
Q: I want to join network marketing company using my LLC. The wording seems to say that I can only use my legal name.

Are they talking about my name or the LLC name on its paperwork?

Here are the details:

“ Individuals or entities may only register as IBOs using legal names. An IBO cannot be signed up or registered with a fictitious business name.”

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Feb 15, 2020

If you cannot understand what this very simple language means you really should employ a small business lawyer before you get yourself into real trouble. Answer: You can ONLY use your REAL name--or the REAL name of your LLC, or the REAL name of a corporation, or partnership, or limited partnership... Read more »

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1 Answer | Asked in Business Formation for Georgia on
Q: Is it legal to open a distillery in Georgia for whisky? And if so hat are the licences needed?
D. Mathew Blackburn
D. Mathew Blackburn
answered on Jan 23, 2020

Yes you can legally open a distillery in GA. Here's a good resource for general information http://georgiadistillers.org/

I would suggest finding an attorney in the county where you're planning to open.

1 Answer | Asked in Business Formation for Georgia on
Q: Forming the operating agreement for my SMLLC - Is it best for me to maintain no ownership interest of company property?

Does this allow for another degree of separation? What are the potential pitfalls?

D. Mathew Blackburn
D. Mathew Blackburn
answered on Jan 10, 2020

The company should own the company property. Otherwise you risk veil piercing which is where parties are allowed to ignore the entity protections ans come after you personally for debts and liabilities.

1 Answer | Asked in Business Formation, Intellectual Property and Trademark for Georgia on
Q: Someone stole my business name. What can I do?

I've had an online clothing company for over 7 years and just found out that someone else (in my city) recently started a soap company using my exact same business name. They are also selling their products on the online platform that my clothes are very popular on. Can I do anything to... Read more »

D. Mathew Blackburn
D. Mathew Blackburn
answered on Dec 8, 2019

Hire an attorney to review the alleged infringement and if you are correct send out a C&D letter. If that doesn't work then you sue them for infringement.

1 Answer | Asked in Consumer Law, Business Formation and Intellectual Property for Georgia on
Q: Do I need to file a patent for a mixture of different food ingredient/ready to be mixed stored in a bag or container

This is not a supplement. This is for a type recipe that calls for a mixture of different food components. The idea behind this is to eliminate the prep steps of combining all the separate components. With this, the user will have one single container, that will contain all the necessary items to... Read more »

Tim Akpinar
Tim Akpinar
answered on Oct 9, 2019

You could add Patents as one of your categories. Your question could have a better chance of being seen by a patent attorney. Good luck

Tim Akpinar

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