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Georgia Business Formation Questions & Answers
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
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

1 Answer | Asked in Business Formation for Georgia on
Q: Does conversion of an LLC to a corporation under GA "conversion" law require a new EIN # from IRS?

O.G.C.A. 14-2-1109.1

D. Mathew Blackburn
D. Mathew Blackburn answered on Sep 3, 2019

Yes, you will need a new EIN. You're changing the structure of the business.

Note: If you were electing to be taxed as a corporation and leaving the entity as an LLC with the state you would not need a new EIN. This confuses a lot of peope so I'm making a note of it here....
Read more »

1 Answer | Asked in Business Formation and Business Law for Georgia on
Q: Are there any laws that prohibit a manager from hiring his spouse It is a private business with seven employees

My manager hired his wife he has never called her a comanager but she makes decisions like he does she did not have to move up the food chain and she is definitely treated differently than the rest of us it is a privately owned business he does not have her clocking in and out as well he has... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Sep 2, 2019

No.

2 Answers | Asked in Business Formation, Business Law, Civil Litigation and Contracts for Georgia on
Q: I was over paid by my job 30000$ at the time I was in financial hurricane and used the money this was2017 2019 arrested

For theft by taking I recieved a letter saying pay 15k 1rst month 10k 2 month and 5k 3rd month I was fired ant last 2week checks was took

D. Mathew Blackburn
D. Mathew Blackburn answered on Jul 31, 2019

That's interesting but you haven't actually asked a question.

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1 Answer | Asked in Business Formation, Business Law and Car Accidents for Georgia on
Q: Hey I have a question on used tires. Is it illegal to sell dry rotted tires?
Tim Akpinar
Tim Akpinar answered on Jul 17, 2019

From a safety standpoint (and you can find professionals in the transportation and highway safety industry who are better qualified than attorneys to explain this), tires with dry rot can experience catastrophe failure leading to serious injury or death. From a legal standpoint, a Georgia attorney... Read more »

1 Answer | Asked in Business Formation and Civil Litigation for Georgia on
Q: I took my son into a haircutting service and They called him autistic (which he is not).

She had NO right to call my 2 year old son autistic and I feel like justice needs to be served. I have one witness for when I spoke to the manager who refused to give the corporate HR phone number and my son IS NOT autistic. Even if he was it ISNT her place to diagnose my son at a hair salon. This... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Jul 12, 2019

The phone number for customer service is 1 (800) 473-2825.

1 Answer | Asked in Business Formation for Georgia on
Q: Can a georgia ps teacher be considered a Georgia Resident business by DOAS for providing services

Services support a government grant administered by a Georgia University. The teacher is a resident of Georgia and teaches at a Georgia Public School.

D. Mathew Blackburn
D. Mathew Blackburn answered on May 29, 2019

Yes, either as a domestic or foreign entity depending on incorporate status in another state if any.

1 Answer | Asked in Business Formation, Business Law and Contracts for Georgia on
Q: How do I gain sole ownership of an online business that I started with someone else?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 17, 2019

Unless you provide much more information about the business and everything gone before between you and the person who apparently shut you out of the business you started you will not get many answers on this forum.

1 Answer | Asked in Business Formation and Business Law for Georgia on
Q: I want to open a wine subscription business based in Georgia.

I will be shipping wine monthly to subscribers. The wine will come from different wineries/cellars. Is that possible?

Adam Savett
Adam Savett answered on Apr 10, 2019

The answer is probably, but this is NOT a do-it-yourself endeavor.

You should seek a (preferably) Georgia licensed attorney with a specialization in alcohol sales & registration issues. If they have a background in interstate subscription shipping or direct-to-consumer business, then...
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1 Answer | Asked in Employment Law, Workers' Compensation and Business Formation for Georgia on
Q: Workplace bullying.. what do I do?

Okay. So my boss cussed me out yesterday and sent me home and gave me two days off. The “reason” for this is because I cleaned a room, as I am a housekeeper and the vacuum that was provided by the job wasn’t working. I stated this to my boss. Upon inspecting my room, she started yelling at me... Read more »

Mitchell Feldman
Mitchell Feldman answered on Jan 15, 2019

Unfortunately there’s no anti-bullying law. There’s no law that says your employer has to be nice with you and there’s no law that says being mean and nasty is actionable. However when there are specific violations of the minimum-wage or overtime laws changing an editing cards and there’s a... 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 »

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