Georgia Business Law Questions & Answers
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 »
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.
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 »
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 »
Q: How do I gain sole ownership of an online business that I started with someone else?
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.
I will be shipping wine monthly to subscribers. The wine will come from different wineries/cellars. Is that possible?
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 »
Q: What's does domestic profit corporation mean?
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 »
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
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 »
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 »
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 »
Q: can one company cease doing business with another without justification
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 »
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 »
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 »
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?
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?
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.
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?
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 »
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 »
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.
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 »
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
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 ?
The only thing is the LLC is in both our names
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 »
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?
Yes
Q: How do I transfer an LLC registered in Florida to be an LLC in Georgia?
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 »
Q: If im incorporated at a address can someone use the same address or threshold
Can you clarify your question? Not sure what you mean.
Q: Do I need a business permit to practice mobile massage ? I am a licensed massage Therapist
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 »
Q: Can a person do business legally without incorporating a business adding "LLC" to the business name?
You cannot include LLC or INC on your name if you are not registered as such with the state.
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