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Georgia Business Law Questions & Answers

1 Answer | Asked in Consumer Law, Employment Law, Tax Law and Business Law for Georgia on

Q: Registration fees are given to IC. Event changes location & time, IC resigns, does money go to new IC or registers.

Am an IC for a large company. One of my jobs is to collect registration fees. The place where the event is meeting and the date has changed due to some legal issues. I am terminated my contract with the company. The people who have paid the registration fees want their money back, and I would like... Read more »

Bruce Alexander Minnick answered on May 10, 2019

This is simple: If the checks were payable to you personally you can do (just about) whatever you want with them; and my advice on that point is to return the checks to whoever gave them to you, and document it very well.

1 Answer | Asked in Business Law, Contracts and Employment Law for Georgia on

Q: Can an independent contractor file a suit against a company for pay/ charges or do I need to be an employee to do so?

The company Truck Movers has deceptive business practices toward contractors. Changing pay rates after negotiating on a set price & charging us for items that they bill the customer for...Double dipping. Also, the customers have no idea about damages created by the actual company employees before... Read more »

Bruce Alexander Minnick answered on May 8, 2019

Sure; in America anyone can sue anybody for anything at any time (even without a lawyer in small claims court). Winning the lawsuit is another matter. If you decide to sue you should be prepared to pay between $100 and $400 for the filing fee and then pay another hundred bucks or so for service of... Read more »

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 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 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 even...
Read more »

1 Answer | Asked in Copyright, Business Law and Trademark for Georgia on

Q: What's does domestic profit corporation mean?

Ahaji Kirk Amos answered on Apr 5, 2019

It means a corporation organized and doing business in the state for profit. A foreign corporation is a company that is organized in another state, but doing business in another state. For example, a corporation organized in Delaware, that is doing business in Georgia, must register as a foreign... Read more »

1 Answer | Asked in Business Law for Georgia on

Q: I am in the process of starting a commercial cleaning business LLC. Do I need to obtain the business insurance first

before I apply for the business license

Nicole Theodore answered on Mar 11, 2019

You don’t need to obtain your commercial liability insurance before you file your Articles of Organization with the state, but I would strongly recommend obtaining insurance before you begin accepting jobs/customers. I would recommend starting with filing your articles, getting an EIN, obtaining... Read more »

1 Answer | Asked in Business Law for Georgia on

Q: We purchased a business from a family member without getting an agreement in writing. What are my options?

In 2012 my husband bought a lingerie botique from his parents. The agreement was that we would pay $600.00 per month until we paid a total of $60,000.00 ! To date we have paid them $50,400.00.

Now that we are close to being paid off , my father in law is claiming he never agreed to the... Read more »

Nicole Theodore answered on Mar 6, 2019

Even though you have been making timely payments, it will be difficult to prove that you are almost “paid off” without a signed written agreement showing what the total agreed upon price was. You may also have a Statute of Frauds issue, as Georgia requires all contracts that cannot be completed... Read more »

1 Answer | Asked in Business Law for Georgia on

Q: can one company cease doing business with another without justification

Timur Akpinar answered on Feb 15, 2019

As a general matter, yes. If a company ceases to do business with its steel supplier because it finds another supplier that provides higher quality steel, this sort of thing might be considered without justification and it happens all the time in commerce. If you are inquiring about a specific... Read more »

1 Answer | Asked in Business Law, Contracts, Copyright and Intellectual Property for Georgia on

Q: Person wants me to sign a trade secret document before getting out of our informal partnership with no assets, only idea

I have an inquiry about a business person who wants me to sign a trade secret document before getting out of our partnership (in which we haven’t signed anything and haven’t developed any specific implementation, just ideas through brainstorming deriving from known methods - there's also no... Read more »

Griffin Klema answered on Feb 13, 2019

That's a complex situation. Without any formal company, you may both be operating under what is called a general partnership (but this should be addressed more conclusively by a Georgia lawyer). Even aside from the trade secret contract, to avoid incurring liability by your partner, I strongly... Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Business Law and Insurance Bad Faith for Georgia on

Q: Insurance Agent's dishonest conduct & practices

My question is a little complicated. This has to do with a State Farm Insurance Agent who owns his own agency and is allowing his son to commit theft and fraud out of his agency/office. What is the best way to go about reporting this?

David Edward Boyle answered on Jan 28, 2019

You can always file a police report to file a complaint about the crime. You can also contact the corporate office of State Farm and make them aware of it.

1 Answer | Asked in Business Law and Tax Law for Georgia on

Q: what is the best way to report unreported income for small business that has gone for many years. what kind of lawyer?

we have a small business that had cash sales. we did not report these sales for years. we would like to come clean and report these sales to possibly prevent future prosecution, fines and possible jail time.

Chad Silver answered on Nov 26, 2018

A Tax Attorney would be the best professional to guide you through this process. It is very important the matter is handled with someone you have an Attorney Client privilege with. You can contact our office at 855-900-1040.

1 Answer | Asked in Business Law, Employment Law and Contracts for Georgia on

Q: How can I confirm that every contract entered into between a previous employer and I is no longer in effect?

I am Georgia. In 2016 I joined a company, Exide, with a humongous amount of stuff that I signed during the hiring process. I quit in January 2017, but now I am concerned that there is still some legal arrangement between that firm and I. I do not have a copy of the stuff that I signed, but I am... Read more »

Nicole Theodore answered on Sep 27, 2018

You should be able to simply reach out to your former employer and ask them to send you copy of your employment contract(s). Once you receive your copy, have it reviewed by a good business/employment law attorney to address if there are any lingering noncompete, non-solicitation clauses to which... Read more »

2 Answers | Asked in Business Law, Civil Litigation and Criminal Law for Georgia on

Q: I am running a business, 2 phones were stolen. I was told I would be charged with this if I didn't pay them back

I just opened this business, 2 phones were stolen from me and 1 was a sheriff's deputy. I was told I could be charged with theft by deception, but I had no intenting of deceiving anyone.

Ecleynne Mercy answered on Aug 15, 2018

So here's the thing. I would need more information. But I can offer a little bit of advice. Unfortunately, in this criminal justice field, its often said that its not what happened, but what you can prove. So from what I read, you haven't been charged yet. THUS, if things can be proven, then your... Read more »

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2 Answers | Asked in Business Law, Insurance Defense, Personal Injury and Wrongful Death for Georgia on

Q: My daddy had General libality insurance million dollar policy for his company and died of multiple myeloma cancer

multiple myeloma cancer its consider as a occupational disease what type of lawyer to get to file a claim

Robert W. Hughes Jr. answered on Jul 19, 2018

You probably need a personal injury lawyer or a lawyer specializing in insurance law.

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1 Answer | Asked in Business Law for Georgia on

Q: I want to terminate my partnership , how do I go about leaving if it’s never made money or filed taxes ?

The only thing is the LLC is in both our names

Nicole Theodore answered on Jul 13, 2018

Typically the terms set forth in the LLC’s operating agreement (OA) will determine what happens when an LLC member wants to withdraw, so that’s the first place to look. The OA should also specify what happens to your interest in the company. In the absence of an operating agreement, the default... Read more »

1 Answer | Asked in Business Law for Georgia on

Q: If all members approve a change in ownership structure of a S-Corp can it be effective retroactively (Jan 1/prior year)?

The members of the S-Corp would like to change the ownership structure (which affects distribution ratios), can they vote to made the changes in the operating agreement effective from the beginning of the calendar year? Are they allowed to vote to make it effective from an older date?

Robert W. Hughes Jr. answered on Jul 10, 2018

Yes

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 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 »

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 answered on Jun 15, 2018

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

1 Answer | Asked in Business Law for Georgia on

Q: Do I need a business permit to practice mobile massage ? I am a licensed massage Therapist

Nicole Theodore answered on Jun 15, 2018

Yes. Even though your business is mobile, you will need an occupational tax certificate (business license) issued by the local government in which your principal office is located. You would have indicated where your principal office is when you filed your articles of organization/incorporation for... Read more »

1 Answer | Asked in Business Law for Georgia on

Q: Can a person do business legally without incorporating a business adding "LLC" to the business name?

Robert W. Hughes Jr. answered on Apr 10, 2018

You cannot include LLC or INC on your name if you are not registered as such with the state.

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