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Georgia Business Formation Questions & Answers
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... View More

Mitchell Feldman
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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... View 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... View 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... View 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... View More

1 Answer | Asked in Business Formation, Business Law and Civil Litigation for Georgia on
Q: If im incorporated at a address can someone use the same address or threshold
Nicole Theodore
Nicole Theodore
answered on Jun 15, 2018

Can you clarify your question? Not sure what you mean.

1 Answer | Asked in Business Formation and Business Law for Georgia on
Q: Do I need a business license to run a record label that will be a LLC? Right now, I have no property to run my business

Right now, I have no property to run my business. I would like to know the steps in order to operate my record label legally

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Jan 6, 2018

Under the law, every business is supposed to have a business license. You should contact the city or county government for your business location and inquire about the business license requirements from your government entity.

1 Answer | Asked in Business Formation and Business Law for Georgia on
Q: Hi I want to start an LLC but I want to have a three DBAs. What documents do I need to proceed with filing for the LLC?

Can I file myself or should seek a professional?

John W. Chambers Jr
John W. Chambers Jr
answered on Dec 6, 2017

I recommend that a person retain the services of an attorney to organize a limited liability company. While a person is not required to use an attorney, a business attorney can provide valuable advice regarding the legal requirements for formation and operation of the entity. After being properly... View More

1 Answer | Asked in Business Formation for Georgia on
Q: In the state of GA, is it required to run a legal ad as part of the formation of an LLC?
John W. Chambers Jr
John W. Chambers Jr
answered on Oct 30, 2017

Unlike with a corporation, publication of notice of the filing of the articles of organization for a limited liability company is not required in Georgia. This response is intended to provide general information only, and not legal advice. It does not establish an attorney client relationship.... View More

1 Answer | Asked in Business Formation and Business Law for Georgia on
Q: If I own a LLC, can I create a 501-C3 and have it contract my LLC?

My LLC is an event production agency and am looking at producing a major festival in my area. However, I would like the sponsors to be appealed by the fact that their donation would be a tax write off. The name of the non-profit would hold the event title and it would contract my LLC to produce the... View More

John W. Chambers Jr
John W. Chambers Jr
answered on Oct 25, 2017

A non-profit corporation is not necessarily tax exempt. To become tax exempt, a non-profit corporation must file the required application with the IRS. For a tax exempt corporation to maintain the exempt status once it has been obtained, it must operate in accordance with the applicable laws... View More

1 Answer | Asked in Business Formation, Business Law, Contracts and Employment Law for Georgia on
Q: Have instillation/light remodeling business, would like to take work for lawn care as well. Do I need another license?

Already have a registered and insured business license and ein for a remodeling and installation business. I was offered a field service vendor agreement to do lawn care, from another business. It is required that I have a registered and insured business licensed with the state, can I piggy back of... View More

John W. Chambers Jr
John W. Chambers Jr
answered on Aug 4, 2017

I cannot provide legal advice about your particular situation. However, here is some general information. If your business is operated using a corporation or limited liability company, unless your articles of incorporation or organization or other organizational documents prohibit it, you might... View More

1 Answer | Asked in Business Formation for Georgia on
Q: I have an LLC in GA. Do I need a DBA if I change to a home based business?

I had a dance studio (LLC) in GA, but had to close it 9 months ago. I want teach classes again, but this time renting space by the hour from an already established business. Can I simply renew the LLC with the SOS? Would I need to file a DBA in addition to the LLC?

John W. Chambers Jr
John W. Chambers Jr
answered on Jun 26, 2017

If a person wants to use an LLC to conduct business, he or she must make sure that the entity is in good standing with the Secretary of State. An LLC is required to file an annual registration to be in good standing, and if it does not do so, the Secretary of State eventually will involuntarily... View More

1 Answer | Asked in Business Formation for Georgia on
Q: I made the mistake of filing my company as an S-Corporation when I really need to be an LLC. How do i go about changing?

I am a one woman show, I do not have a board or directors. I can't seem to find the forms or what I need to do to simply chance from an S-corp. to an LLC.

John W. Chambers Jr
John W. Chambers Jr
answered on May 30, 2017

There can be some complicated issues related to conversion of a corporation to a limited liability company. There are several methods to convert a corporation to a limited liability under Georgia law. Under one method, the board of directors must adopt a plan of conversion, the shareholders must... View More

1 Answer | Asked in Banking, Business Formation, Business Law and Employment Law for Georgia on
Q: if i have a small business that is an s-corp how do i pay myself? do i write my self a check or set up a wire transfer?

i know there is a dividend distribution for the s-corp but i just want to get more in depth of how i am going to pay myself , if i should open a business account and write my self a check or set up a wire transfer from my business account?

John W. Chambers Jr
John W. Chambers Jr
answered on May 25, 2017

Generally, with an S corporation, if you are working in the business, you would have to pay yourself a reasonable salary and the balance of profits could be distributed to you as the shareholder. You should consult with a certified public accountant or tax attorney regarding your obligations with... View More

2 Answers | Asked in Employment Law, Banking, Business Formation and Business Law for Georgia on
Q: Can a shareholder/co-owner legally hire their spouse (another shareholder) to do payroll?

One of the co-owner/shareholder has his wife working as the accountent and doing payroll? My hours and an employees hours have been changed and done incorrectly. As well as ive been told as a shareholder the other shareholder could fire me as an employee and i wouldnt be allowed to be in shop

Ray Choudhry
Ray Choudhry
answered on May 1, 2017

In small companies shareholders do lots of stuff, including bookkeeping and payroll.

As to the power struggle over the corporation, you need to consult a lawyer who can analyze how it was set up and who has what say so.

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1 Answer | Asked in Business Formation for Georgia on
Q: Does LLC protect my personal assetsin Georgia?
Glenn B. Manishin
Glenn B. Manishin
answered on Dec 20, 2016

Yes, that is the "limited lability" function of the LLC legal entity. Only the assets of the company are at risk. Absent fraud or commingling of money (referred to as grounds to "pierce" through the corporate form) personal assets of owners and shareholders cannot be reached to... View More

1 Answer | Asked in Business Formation for Georgia on
Q: I need to remove one of the (3) original incorporators. What do I need to do?
Adam Studnicki
Adam Studnicki
answered on Aug 29, 2015

A local business lawyer can review your situation and advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific...
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1 Answer | Asked in Business Formation for Georgia on
Q: Can I form an LLC on my own?
Howard Berkson
Howard Berkson
answered on Nov 2, 2013

Check with your Secretary of State for information about the act of forming a LLC. However, there's more to it than simply filing the paperwork. You should consult with an attorney for advice about the proper way to manage your LLC to get the most benefits while also avoiding as much... View More

1 Answer | Asked in Business Formation for Georgia on
Q: I am attempting to start a business within the city limits. What forms/fees do I need to be aware of? sole prop., 0 empl
Tanner Woods Pittman
Tanner Woods Pittman
answered on Oct 17, 2011

Most municipalities in Georgia require a business permit. City Hall can give you the forms. In Columbus, for instance, there is a $50 processing fee for obtaining the permit.

Other permits (such as that from the Health Department if you're a restaurant) are specific to your line of business.

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