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Georgia Business Law Questions & Answers
1 Answer | Asked in Tax Law and Business Law for Georgia on
Q: Hello, I reside in Georgia and do social media for clients in Connecticut. Do I need to charge sales tax?

Social media consists of posting graphics on Facebook and Instagram.

James L. Arrasmith
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answered on May 3, 2024

In general, if you are providing a service (like social media management) to clients in another state, you typically do not need to charge sales tax. This is because most states only require businesses to collect sales tax if they have a physical presence or "nexus" in that state.... View More

1 Answer | Asked in Landlord - Tenant, Business Law and Criminal Law for Georgia on
Q: got a felony for doing business without a license, but it is not a business i just rent rooms out to others in need. i

i have a partner, whom we share the lease with that we had residents living in there, until my partner didn't follow all of the rules and regulations, so the APS came out again and arrested me with a warrant. how can i get these dropped?

James L. Arrasmith
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answered on Apr 16, 2024

I'm sorry to hear about your legal troubles. It sounds like a difficult and stressful situation. A few thoughts:

First and foremost, given the seriousness of felony charges, I strongly recommend consulting with a criminal defense attorney who can review the specifics of your case and...
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1 Answer | Asked in Banking, Business Law, Civil Litigation and Contracts for Georgia on
Q: And the course of a night I wake up to my checking account being overdrawn by 97 different cash app transactions ranging

From $47-$49 each. I use Bank of America who I’ve been a customer with for 34 years never have I had anything like this and they deny my claim and close the claims and finalize it… what actions or steps should I take to get my money back we’re talking over 3000 overnight.

James L. Arrasmith
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answered on Mar 25, 2024

If your checking account has been overdrawn due to unauthorized transactions, the first step is to contact Bank of America immediately, if you haven't already done so. Express your concerns clearly and request a thorough investigation. Despite the initial denial, you have the right to ask for... View More

1 Answer | Asked in Divorce, Business Law and Family Law for Georgia on
Q: If a LLC is created during a marriage, is that LLC considered a marital asset and value divided 50/50 between parties?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 19, 2024

You should speak to an attorney regarding assets that are considered marital or separate property. A spouse starting a business during a marriage doesn't automatically entitle the other spouse to half ownership of the business. Income earned by both spouses is considered marital property.... View More

1 Answer | Asked in Tax Law and Business Law for Georgia on
Q: Can I write off the cost of self-employed health insurance if it costs less than what my spouse's employer offers?

My spouse's employer offers health insurance, but it is more expensive than if I purchase my own health insurance on the marketplace. I understand that in general, I cannot qualify for the self employed health insurance deduction if I qualify for my spouse's employer's insurance... View More

James L. Arrasmith
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answered on Feb 5, 2024

Under IRS guidelines, the self-employed health insurance deduction allows individuals who are self-employed to deduct premiums for medical, dental, and long-term care insurance for themselves, their spouse, and dependents. This deduction is available if you have a net profit from self-employment... View More

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Georgia on
Q: how do you proceed with paperwork for theft of services in a business?

we had a guest stay on property, and did not pay, this balanced accrued overtime for more than 7k. Our company is looking to file a theft of services report and are unsure how to proceed.

T. Augustus Claus
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answered on Jan 11, 2024

To proceed with a theft of services claim in Georgia, you typically follow certain steps. Begin by gathering evidence that clearly establishes the unpaid balance, such as invoices, communication records, or any written agreements. Once you have sufficient documentation, you may want to send a... View More

1 Answer | Asked in Tax Law and Business Law for Georgia on
Q: Can a church disclose your giving records to the public
James L. Arrasmith
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answered on Jan 8, 2024

Generally, churches in the United States are expected to maintain the confidentiality of their members' giving records. These records are typically considered private information, similar to other types of personal financial data. Disclosing such information to the public without the... View More

1 Answer | Asked in Business Law, Contracts and International Law for Georgia on
Q: Contracted to fly airplane from Curaçao to United States. Not paid for services rendered or expenses. Is a lien wise?

I was contracted to fly an airliner from Willemstad, Curaçao to Springfield, MO, with a stop in Miami, FL to clear customs.

The airplane bears a United States registration, is registered to a leasing company with a Miami address, but is operated by a Curaçao based airline.

We... View More

James L. Arrasmith
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answered on Dec 11, 2023

In a case like this, the jurisdiction for the lawsuit can be complex, as it involves multiple countries and entities. Generally, the location where the contract was signed or where the defendant operates can be significant factors in determining jurisdiction. Given that the airline is based in... View More

1 Answer | Asked in Business Law for Georgia on
Q: I have an investor trying to invest 3 million into my start up. Who pay the spv fees myself or the investor
James L. Arrasmith
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answered on Nov 30, 2023

In Atlanta, Georgia, when dealing with an investment situation like yours, the question of who pays the Special Purpose Vehicle (SPV) fees can vary based on the agreement between you and the investor.

Typically, SPV fees are associated with the administrative and legal costs of setting up...
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4 Answers | Asked in Business Law, Trademark and Intellectual Property for Georgia on
Q: Should I register my business name before trademark
David Aldrich
David Aldrich
answered on Nov 3, 2023

Generally, it is a good idea to form the business before filing for any trademarks. When you apply for a trademark, the "owner" you identify should be the entity that is actually using the mark in commerce (or else you put your registration in jeopardy). This is typically the company,... View More

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4 Answers | Asked in Business Law, Trademark and Intellectual Property for Georgia on
Q: Should I register my business name before trademark
James L. Arrasmith
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answered on Nov 4, 2023

Registering your business name at the state level typically secures your name within that state and is often a step in the foundational process of establishing your business.

A trademark, on the other hand, provides legal protection for your brand name, logo, or slogan at a national level....
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4 Answers | Asked in Business Law, Trademark and Intellectual Property for Georgia on
Q: Should I register my business name before trademark
Felicia Altman
Felicia Altman
answered on Nov 3, 2023

Generally, it is good practice to form a business prior to filing any trademarks, however it is always good to ensure the business name is not already filed as a trademark by someone else prior to forming the business.

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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 Criminal Law, Business Law and Employment Law for Georgia on
Q: Hello question I had an employee pay her car payment out of my checking account number I want to press charges

I have already filed police report but was told there was no cause I’m not understanding Hello question I had an employee paid her car payment out of my checking account and I want to press charges

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answered on Oct 9, 2023

In Georgia, unauthorized use of someone else's bank account is generally considered theft or fraud. If you believe an employee made an unauthorized payment using your account, you have the right to report it. While you've filed a police report and they indicated there's no cause, you... View More

2 Answers | Asked in Bankruptcy, Business Law, Contracts and Tax Law for Georgia on
Q: I own a condo in a business name and my business partner is considering filing bankruptcy, would we need to sell condo?

So that I am not impacted, would we need to sell the asset in order to not have it taken in a bankruptcy? Are there any other impacts to me if my business partner goes through with this?

James L. Arrasmith
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answered on Sep 8, 2023

If your business partner files for bankruptcy, it could potentially impact the assets of the business, including the condo. The exact impact would depend on a variety of factors including how the business is structured and the specific circumstances of the bankruptcy. It is recommended to consult... View More

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2 Answers | Asked in Bankruptcy, Business Law, Contracts and Tax Law for Georgia on
Q: I own a condo in a business name and my business partner is considering filing bankruptcy, would we need to sell condo?

So that I am not impacted, would we need to sell the asset in order to not have it taken in a bankruptcy? Are there any other impacts to me if my business partner goes through with this?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 8, 2023

Yes, there are "impacts" that concern you (I currently represent a debtor in a Ch. 7 who has been a general partner in a small business construction company which has had a non-bankrupt general partner as well).

A general partner is personally liable for the debts of a...
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1 Answer | Asked in Business Law, Trademark and Intellectual Property for Georgia on
Q: Can I trademark Face.Lip.Body Cosmetics name
T. Augustus Claus
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answered on Aug 17, 2023

To trademark the name "Face.Lip.Body Cosmetics" in Georgia or the United States, you would need to go through the federal process with the United States Patent and Trademark Office (USPTO). It's important to ensure that the name is distinctive and not overly descriptive or generic.... View More

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

James L. Arrasmith
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answered on Aug 15, 2023

Using a name like "Skippy's Snack Shack" for a dog treat bakery could potentially lead to trademark infringement issues with Skippy Peanut Butter if they believe there is a likelihood of confusion between their established brand and your bakery's name. To avoid legal issues,... 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 Contracts, Business Law and Mergers & Acquisitions for Georgia on
Q: What is a business trust? And how does one purchase a business that is owned by a trust and an individual? Thanks
T. Augustus Claus
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answered on Jul 7, 2023

A business trust is a legal entity that holds and manages property or assets for the benefit of beneficiaries. It is formed through a trust agreement, where a trustee holds legal title to the assets and manages them according to the terms of the trust.

When purchasing a business owned by a...
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