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Georgia Business Law Questions & Answers
1 Answer | Asked in Business Formation and Business Law for Georgia on
Q: If I form a Domestic LLC named "XYZ Co. LLC" do I need to file a DBA with my county to advertise as simply "XYZ Co."?

The Domestic LLC will officially be registered with the GA Secretary of State as "XYZ Co. LLC". I'm just trying to find out if I'm required to file for a DBA/Trade Name to drop the LLC portion for any kind of advertising or just reference to the company in general.

Glenn M. Lyon
Glenn M. Lyon
answered on Nov 16, 2022

Generally, just dropping the company designation (LLC or Inc.) does not require a trade name registration.

1 Answer | Asked in Business Formation and Business Law for Georgia on
Q: What's the order of the steps to revoke S-Corp election and change from partnership LLC to Single member LLC in Georgia?

I opened a LLC in Georgia in 2014 with 2 members in the Articles of organization, me and my spouse. I also elected for an S-Corp status (2553 & 8832) the same year. Now I want to revoke the S-Corp election AND also convert the multi member LLC to a single member LLC (my spouse will no longer be... Read more »

Glenn M. Lyon
Glenn M. Lyon
answered on Oct 11, 2022

No. There is no form to change to a single member LLC. You just transfer the membership interests to you from your spouse. And you do not need to record anything or file anything with the SOS unless you included ownership in the Articles of Organization.

1 Answer | Asked in Business Formation and Business Law for Georgia on
Q: Should I create a Trust to control a C-Corp to control an LLC?

I've been researching the best way to set up business entities and this is the conclusion I have come to. Is this an appropriate structure? Thank you

Glenn M. Lyon
Glenn M. Lyon
answered on Sep 30, 2022

Almost certainly not, unless this is a larger organization.

1 Answer | Asked in Tax Law and Business Law for Georgia on
Q: Video Editing for Clients in Another State | Tax Question

I currently have a Georgia LLC doing video editing and will be moving to Michigan in a couple of months. Since I will be doing the work in Michigan I assume I would register there, but do I have to register as a foreign entity in Georgia? Will I end up paying tax to both states? How does that work?... Read more »

Glenn M. Lyon
Glenn M. Lyon
answered on Sep 30, 2022

If you begin conducting business in Michigan and don't do do anything else with the company, you will need to register in Michigan as a foreign entity since it is a Georgia entity (regardless of where you reside). Assuming you will not be moving back to Georgia soon, it makes sense to just... Read more »

1 Answer | Asked in Business Law, Employment Discrimination and Employment Law for Georgia on
Q: Can I sue someone for not paying me even if we didn’t have a contract?

I went on tour with a rapper and I was the driver and the rapper said he was going to pay me but we didn’t sign a contract or anything. And now that the tour is over he has ghosted me.

Glenn M. Lyon
Glenn M. Lyon
answered on Sep 6, 2022

Yes.

1 Answer | Asked in Business Formation and Business Law for Georgia on
Q: For part 9, if the business rents the property, does it then need to register as a foreign LLC?

I am wondering if buying and renting residential property in GA means the out of state LLC needs to register as a foreign LLC in GA. No other business will be conducted outside of renting to tenants in the state of GA.

Glenn M. Lyon
Glenn M. Lyon
answered on Aug 16, 2022

Simply owning the property would not require foreign entity registration, but if the LLC rents out the property it would be deemed to be conducting business in Georgia and would be required to register with the Georgia Secretary of State.

1 Answer | Asked in Business Law for Georgia on
Q: In order to amend articles of association Business Purpose, does Board of Directors or Shareholders have authority?

Specifically, the business purpose as listed on the Georgia Articles of Incorporation

Glenn M. Lyon
Glenn M. Lyon
answered on May 27, 2022

You will need to provide additional information for a decent answer. Are you referring to the articles of incorporation or some other internal corporate document? Is there another document that addresses the issue?

1 Answer | Asked in Business Law and Tax Law for Georgia on
Q: This is a business tax law question for the state of Georgia.

I just received my first Business Personal Property Tax Return. I am a sole proprietor in my first year of business. My tangible personal property pertaining to my business is worth about $3000. Am I still required by law to submit the Business Personal Property Tax Return?

Glenn M. Lyon
Glenn M. Lyon
answered on Apr 13, 2022

Yes.

1 Answer | Asked in Consumer Law, Business Law and Collections for Georgia on
Q: Is a "professional parking management" company's fines enforceable? Not through a govt agency but a private company.
Cory D. Raines
Cory D. Raines
answered on Feb 26, 2022

These fines are generally not enforceable like tickets issued by law enforcement agencies. However, failure to pay the fines could result in outstanding balance being sent to a collection agency, which could negatively impact your credit.

1 Answer | Asked in Business Law, Employment Discrimination and Probate for Georgia on
Q: I failed to ask for ID and served a minor alcohol. There is a fine to pay. Is it me or the restaurant who is to pay?
Jammie Taire
PREMIUM
Jammie Taire
answered on Jan 30, 2022

Unfortunately you posted this in the probate section; however, you as an FYI, if you received the citation then you need to appear. You should speak to your employer regarding respoonsibility.

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Georgia on
Q: How do I file for a motion for dismissal of civil claim? Plaintiff has lied. Contract give us both same responsibility

He has filed a claim as if he had o responsibility, even tho our contract says different

Cory D. Raines
Cory D. Raines
answered on Jan 23, 2022

Without more information on the circumstances surrounding the dispute, a complete answer cannot be given. However, filing a motion to dismiss can be done for a variety of reasons and is case specific. Therefore, It is highly recommended that you contact an attorney that specializes in civil suits.... 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.

2 Answers | Asked in Business Law, Contracts and Trademark for Georgia on
Q: Hello, I am interested in acquiring an already existing trademark. How would I go through the process of buying the TM?

I want to purchase the rights to ownership of this trademark:

Serial # "78338468", Registration # "3204956", Status "710 - Cancelled - Section 8".

Marcos Garciaacosta
Marcos Garciaacosta
answered on Nov 30, 2021

You need to visit and consult with an attorney.

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1 Answer | Asked in Personal Injury, Real Estate Law, Business Law and Construction Law for Georgia on
Q: In Georgia, can you attach a fire escape ladder outside of your second or third or fourth story window? Permanently?

What types of certifications or permits would a company need to start installing Fire Escape Ladders in homes and commercial buildings up to four stories tall?

Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Nov 25, 2021

You will need to check with your local city, county authorities to determine what type of permits and inspections will be necessary for your particular location.

1 Answer | Asked in Business Law and Civil Litigation for Georgia on
Q: Once in default must it go to auction or can I follow the signed contract that says Owner may dispose of the contents?

I have owned a self storage facility in Georgia for years and have never held an auction. Our contract was pulled straight from Ga code title 10-4-213, stating we will dispose of the contents if customer is in default. (We always allow 60 days before sending out certified letters or e-mails... Read more »

Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Oct 13, 2021

Your new manager may be correct. Make sure that you are reading the 2021 version of the OFFICIAL CODE OF GEORGIA ANNOTATED. If you remain uncertain after reading the newest language, you should probably meet with a business law attorney who can assist you in understanding your legal obligations.

1 Answer | Asked in Business Law and Civil Litigation for Georgia on
Q: I am a small time handyman, I have a client that refuses to pay on a paint sizable paint job. What do I do?

My employee and myself were 3 days into a 4 day paint job. When at 3 am the 3rd day we ran out of paint. The client told us not to come back. Never paying us a cent.

Cory D. Raines
Cory D. Raines
answered on Oct 12, 2021

Great question. So long as there was a valid contract and you substantially performed under those contractual obligations, you will likely be entitled to payment and or damages for client not paying you.

Depending on the underlying facts, you could be entitled to damages as well as...
Read more »

1 Answer | Asked in Employment Law, Business Law and Employment Discrimination for Georgia on
Q: Can I be suspended after 1 write up

I was written up for something I did not do and i refused to sign the write up. I questioned my general manager of how I could write him up and he suspended me for a week

Cory D. Raines
Cory D. Raines
answered on Oct 12, 2021

It is recommended that you check your employee handbook and other policies that you should have been given prior to your employment. However, Georgia is known as employee-at will state, which means you can be fired for any reason or no reason at all, so long as that termination does not violate a... Read more »

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Legal Malpractice for Georgia on
Q: Is a cotingency fee contract a legally binding contract in georgia

Can a case be assigned to an attorney incorrectly in a law firm be terminated for that purpse alone

Cory D. Raines
Cory D. Raines
answered on Oct 12, 2021

Contingency contracts are on of many contracts that are legally enforceable in the state of Georgia. They are often seen in personal injury law matters and many of these contracts allow either the client or attorney to terminate or withdraw, respectively. However, the client may owe that attorney... Read more »

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 »

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