Georgia Business Law Questions & Answers

Q: Hello, I have a business law question.

1 Answer | Asked in Business Law and Contracts for Georgia on
Answered on Nov 5, 2017

Well. To start with, you immediately draw your inventory of material/items plus their price that you possess. Then you should have a list of your students their addresses and contact details. Then make a proforma wherein you keep entry of those students whom you loaned your material. You can also introduce a kind of cash warranty that every loanee must deposit before they loan any material.

When you place all this in order, get undertaking from loanee(s) that they agree to return...
View Details »

Q: If I change the company of name and tax id, would it be consider legally separate from the old company?

1 Answer | Asked in Business Formation and Business Law for Georgia on
Answered on Oct 31, 2017

Changing the name of a corporation does not convert the corporation into a different one. It simply would be the same corporation with a different. You would not necessarily need to dissolve the old corporation. You could form a new corporation if you do not want to use the existing one. This response is intended to provide general information only and not intended to give legal advice. It does not establish an attorney client relationship. I recommend that you consult with an attorney...
View Details »

Q: If I own a LLC, can I create a 501-C3 and have it contract my LLC?

1 Answer | Asked in Business Formation and Business Law for Georgia on
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 regarding tax exempt organizations. I recommend that you consult with an attorney and/or certified public account who specializes in tax exempt organizations to answer your questions. The purpose of...
View Details »

Q: I am considering selling my small business. It is an LLC with two owners in Georgia.

1 Answer | Asked in Tax Law and Business Law for Georgia on
Answered on Oct 17, 2017

With the kind of money you mentioned, I strongly recommend that you retain and consult with a tax attorney or CPA familiar with these issues. How the sale is structured might make a difference in the tax consequences.
View Details »

Q: Has any alcohol retailer sued for wrongful conviction if prosecutors could not find evidence of a 3rd party sale?

1 Answer | Asked in Business Law, Gov & Administrative Law, Libel & Slander and Criminal Law for Georgia on
Answered on Sep 30, 2017

Prosecutor(s) can try to find out the truth through CCTV (if installed) or any other evidence of sale receipt. However, the major is still liable for passing on liquor to the minor.
View Details »

Q: There is a company with the same that I want to use, but the services we provide are different. Can I still use mine?

1 Answer | Asked in Business Law and Trademark for Georgia on
Answered on Aug 25, 2017

Can you? Certainly. the Georgia Secretary of State isn't going to search for companies outside of your state when you register your business name.

Should you? That depends on your tolerance for risk of a lawsuit. You would have to consult with an attorney in your state, ideally one who specializes in trademark law, to get a better idea of what degree of risk and how to mitigate such risk. Only after reviewing the specific facts and circumstances of your situation can an attorney...
View Details »

Q: I am starting a mobile bbq business. Can I prepare food at my home in a separate room set up for food preparation .

1 Answer | Asked in Products Liability, Agricultural Law and Business Law for Georgia on
Answered on Aug 21, 2017

So long as the kitchen is approved by the State. All regs should be available. Find out this cost, and requirements. Important.
View Details »

Q: Have instillation/light remodeling business, would like to take work for lawn care as well. Do I need another license?

1 Answer | Asked in Business Formation, Business Law, Contracts and Employment Law for Georgia on
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 be able to conduct the lawn care business using the same corporation or limited liability company. In such event, I do not believe you would need a new tax identification number. You would need to...
View Details »

Q: Is a misdemeanor charge of deposit account fraud, a check for 40 be classified as moral turpitude in the state of Ga

1 Answer | Asked in Criminal Law and Business Law for Georgia on
Answered on Aug 2, 2017

Fraud is usually categorized as a crime of moral turpitude. Talk to a local criminal defense lawyer to see if that old charge can receive record restriction, and removed from your State record.
View Details »

Q: In Georgia, can one person file theft by deception against another person, thus causing a warrant and arrest?

1 Answer | Asked in Criminal Law, Business Law, Consumer Law and Contracts for Georgia on
Answered on Aug 1, 2017

Be careful swearing out a criminal warrant, if this is just a CIVIL matter. You can be exposing yourself to a lawsuit. If you have a trusted friend who is a local lawyer, contact that person for guidance. THEFT is not incompetence. Plus, if your agreement was all VERBAL, and no written performance standards were in written form, he/she can claim substantial compliance.

A good rule to follow is to NOT try to use the threat of or the actual filing of a CRIMINAL warrant, in what is a...
View Details »

Q: I went to Little Rock Arkansas the week of June 19-25 I was supposed to get paid on July 10 but didn't. Now it's the 28

1 Answer | Asked in Employment Law, Workers' Compensation, Business Law and Collections for Georgia on
Answered on Jul 29, 2017

If you have exhausted efforts with company Hire an attorney to recover the wages. Simple as that. The money is owed under simple contract and Flsa does provide some basis for recovery
View Details »

Q: Is there an online resource to search for local/state cases/dockets that were close due to being settled out of court?

1 Answer | Asked in Business Law and Civil Litigation for Georgia on
Answered on Jul 7, 2017

If you are looking for something that allows you to search only for matters closed because they were settled out of court, I am not aware of any such list. Each clerk of court has some online access to cases that have been filed in each county. You might be able to search those for cases dismissed, but even that will not tell you why the case was dismissed.
View Details »

Q: I was going 74 on a 45 zone, how many points will my license get? This is my first ticket.

1 Answer | Asked in Business Law and Traffic Tickets for Georgia on
Answered on Jun 20, 2017

29 over the limit gets you a hefty fine, and 4 points. Depending on the roadway you were on, this may also trigger a GA super speeder ticket, which is a $200 TAX that is assessed by the State of Georgia, AFTER your traffic ticket is resolved.

Hiring a traffic lawyer, who is familiar with your court is your best bet, unless you simply have a lot of free time to deal with this. Plus, you will be unfamiliar with the many options and alternatives that a good traffic ticket lawyer can find....
View Details »

Q: What do I need to change LLC corporation from non-profit to for profit - state of Georgia

1 Answer | Asked in Business Law for Georgia on
Answered on Jun 19, 2017

There are technical requirements with which you must comply to file restated articles. If you wish to do this without retaining the services of an attorney, you will need to research and follow the applicable statute. I recommend that you retain the services of an attorney to help you with this matter.
View Details »

Q: Can a bar owner in ga purchase alcohol in florida and bring it to ga and sell it at their bar?

1 Answer | Asked in Consumer Law, Criminal Law, Tax Law and Business Law for Georgia on
Answered on Jun 1, 2017

Not legally. Each state taxes citizens and businesses on their regulated products that are fueled by addictions. Booze, cigarettes, drugs, marijuana --- are easy targets for legislators to generate tax money.

When you get a regulated product in a less costly state, and bring it here to GA, you violate the tax law.
View Details »

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?

1 Answer | Asked in Banking, Business Formation, Business Law and Employment Law for Georgia on
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 an S corporation, including the requirements regarding payment of salary and distribution of profits.
View Details »

Q: Can a shareholder/co-owner legally hire their spouse (another shareholder) to do payroll?

2 Answers | Asked in Employment Law, Banking, Business Formation and Business Law for Georgia on
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.
View Details »

Q: Is my case worth going to court for or suing this company to get my money back?

1 Answer | Asked in Business Law, Consumer Law, Health Care Law and Medical Malpractice for Georgia on
Answered on Apr 17, 2017

I'm hearing they did what was appropriate. You didn't say what the surgery was. If you think you may have a case contact an attorney that offers free consultations.
View Details »

Q: If a business partner was spending the business money on himself and not business expenses what can I do

1 Answer | Asked in Banking, Business Law, Civil Litigation and Contracts for Georgia on
Answered on Apr 7, 2017

First change the checking account to 2 signatures. cancel all debit cards. Then confront your partner and work the controversy out. If you cannot resolve it then you need to sue him and dissolve the business.
View Details »

Q: I sent a rude text message using profanity to a customer. I apologized. what can I do at this point ?

1 Answer | Asked in Business Law, Consumer Law and Employment Law for Georgia on
Answered on Jan 22, 2017

Please provide more information.

If you own the business, you can comp the person.

If you are employed and you are an employee at will, your employer will determine what will happen to you.

However, you have done all you can do at this point by making the apology.
View Details »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.