Georgia Business Law Questions & Answers
Q: How do I gain sole ownership of an online business that I started with someone else?
1 Answer
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Business Formation, Business Law and Contracts
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Georgia
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Answered on Apr 17, 2019
Answered on Apr 17, 2019
Bruce Alexander Minnick's answer
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.
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.
Q: I want to open a wine subscription business based in Georgia.
1 Answer
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Consumer Law, Contracts, Business Formation and Business Law
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Georgia
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Answered on Apr 10, 2019
Answered on Apr 10, 2019
Adam Savett's answer
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 better.
They will be able to ensure that you file the correct paperwork and that you don't run afoul of the different state laws regarding registration, taxes, background checks, etc....
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 better.
They will be able to ensure that you file the correct paperwork and that you don't run afoul of the different state laws regarding registration, taxes, background checks, etc....
Q: What's does domestic profit corporation mean?
Ahaji Kirk Amos' answer
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 corporation in Georgia to do business.
I hope this helps!
Ahaji Amos,
Ahaji Amos, PLLC
https://www.ahajiamos.com/
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 corporation in Georgia to do business.
I hope this helps!
Ahaji Amos,
Ahaji Amos, PLLC
https://www.ahajiamos.com/
Q: I am in the process of starting a commercial cleaning business LLC. Do I need to obtain the business insurance first
Nicole Theodore's answer
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 your local business license, register with Dept. of Revenue if you will have employees, and getting your commercial liability insurance as a part of that’s whole process, prior to opening the...
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 your local business license, register with Dept. of Revenue if you will have employees, and getting your commercial liability insurance as a part of that’s whole process, prior to opening the...
Q: We purchased a business from a family member without getting an agreement in writing. What are my options?
Nicole Theodore's answer
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 within one year to be in writing, unless you fit into one of the exceptions. It does help your case that you have a witness willing to corroborate your side of the story, but it still wouldn’t...
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 within one year to be in writing, unless you fit into one of the exceptions. It does help your case that you have a witness willing to corroborate your side of the story, but it still wouldn’t...
Q: can one company cease doing business with another without justification
Timur Akpinar's answer
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 matter that involves your business dealings, you should probably consult with an attorney in Georgia. If ceasing to do business without justification means being in breach of contract, that's something...
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 matter that involves your business dealings, you should probably consult with an attorney in Georgia. If ceasing to do business without justification means being in breach of contract, that's something...
Q: Person wants me to sign a trade secret document before getting out of our informal partnership with no assets, only idea
1 Answer
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Business Law, Contracts, Copyright and Intellectual Property
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Georgia
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Answered on Feb 13, 2019
Answered on Feb 13, 2019
Griffin Klema's answer
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 recommend clarifying the relationship between you through some formal written instrument. As far as being "forced" to sign a document, generally no, you never have to sign anything, but you may have some...
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 recommend clarifying the relationship between you through some formal written instrument. As far as being "forced" to sign a document, generally no, you never have to sign anything, but you may have some...
Q: Insurance Agent's dishonest conduct & practices
1 Answer
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in
Consumer Law, Criminal Law, Business Law and Insurance Bad Faith
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Georgia
on
Answered on Jan 28, 2019
Answered on Jan 28, 2019
David Edward Boyle's answer
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.
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.
Q: what is the best way to report unreported income for small business that has gone for many years. what kind of lawyer?
Chad Silver's answer
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.
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.
Q: How can I confirm that every contract entered into between a previous employer and I is no longer in effect?
1 Answer
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Business Law, Employment Law and Contracts
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Georgia
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Answered on Sep 27, 2018
Answered on Sep 27, 2018
Nicole Theodore's answer
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 you may be bound contractually bound.
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 you may be bound contractually bound.
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
2 Answers
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in
Business Law, Civil Litigation and Criminal Law
for
Georgia
on
Answered on Aug 15, 2018
Answered on Aug 15, 2018
Ecleynne Mercy's answer
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 intention( and all it holds) may not prevent an indictment/accusation.
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 intention( and all it holds) may not prevent an indictment/accusation.
Q: My daddy had General libality insurance million dollar policy for his company and died of multiple myeloma cancer
2 Answers
| Asked
in
Business Law, Insurance Defense, Personal Injury and Wrongful Death
for
Georgia
on
Answered on Jul 19, 2018
Answered on Jul 19, 2018
Robert W. Hughes Jr.'s answer
You probably need a personal injury lawyer or a lawyer specializing in insurance law.
You probably need a personal injury lawyer or a lawyer specializing in insurance law.
Q: I want to terminate my partnership , how do I go about leaving if it’s never made money or filed taxes ?
Nicole Theodore's answer
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 Georgia rules will apply. If no OA, you should have a business attorney draft a withdrawal agreement for both you and your business partner to sign. I would stress the importance of not trying to...
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 Georgia rules will apply. If no OA, you should have a business attorney draft a withdrawal agreement for both you and your business partner to sign. I would stress the importance of not trying to...
Q: How do I transfer an LLC registered in Florida to be an LLC in Georgia?
Nicole Theodore's answer
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 supplemental office (or also transact business) in Georgia. If you are shutting down operations in Florida and moving the entire business to Georgia, you would wind up your business in Florida (follow the...
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 supplemental office (or also transact business) in Georgia. If you are shutting down operations in Florida and moving the entire business to Georgia, you would wind up your business in Florida (follow the...
Q: If im incorporated at a address can someone use the same address or threshold
1 Answer
| Asked
in
Business Formation, Business Law and Civil Litigation
for
Georgia
on
Answered on Jun 15, 2018
Answered on Jun 15, 2018
Q: Do I need a business permit to practice mobile massage ? I am a licensed massage Therapist
Nicole Theodore's answer
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 your company with the Georgia Secretary of State's office.
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 your company with the Georgia Secretary of State's office.
Q: Can a person do business legally without incorporating a business adding "LLC" to the business name?
Robert W. Hughes Jr.'s answer
You cannot include LLC or INC on your name if you are not registered as such with the state.
You cannot include LLC or INC on your name if you are not registered as such with the state.
Q: Must I have the name of the owner/s to sue the corporation in Magistrate Court.
Robert W. Hughes Jr.'s answer
To sue a corporation, all you need to do is name the corporation as the defendant and have the sheriff serve the registered agent of the corporation after filling the suit in the county of the registered agent. You can find the registered agent on the Georgia secretary of state website.
To sue a corporation, all you need to do is name the corporation as the defendant and have the sheriff serve the registered agent of the corporation after filling the suit in the county of the registered agent. You can find the registered agent on the Georgia secretary of state website.
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
Robert W. Hughes Jr.'s answer
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.
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.
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