Georgia Business Law Questions & Answers

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.
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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.
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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.
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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.
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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.
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Q: Is it criminal to use a company issued credit card for personal items such as soft drinks or cigarettes?

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

On several levels, YES, this can be a criminal offense, when the charges were not authorized or approved by the card holder, who had entrusted the person to ONLY use it for company business. Many reported criminal cases can be found in the news where an employee of a public or private university, or a City or State Governmental agency used his or her business card for personal bills and expenses. Plus, this can be considered to be INCOME, for IRS purposes, and this could be additional charges....
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Q: I have been working with a patent company for 5 years that keeps saying companies are interested, is this legit

1 Answer | Asked in Business Law and Patents for Georgia on
Answered on Nov 22, 2016

First thing first: did you really get a patent or did they just file a patent application for you? I mean, did they send you by US mail a bound original patent with a red ribbon on it?

If yes, then there is no reason to keep paying them. Market your product yourself.
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Q: Is there certain laws that a funeral home has to go by when it comes to showing a body when it has only been embalmed.

1 Answer | Asked in Business Law, Criminal Law and Personal Injury for Georgia on
Answered on Sep 21, 2016

Depends what was covered and not. There would be a Funeral Directors Assn best practices &/or code of ethics that would or should cover that. As to any possible action, I wold suggest you contact a member of the Georgia Trial Lawyers Assn in your area--they give free consultations.
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Q: In GA. If a person has an interest in an LLC and has to declare bankrupcy in another company, does he lose the interest

1 Answer | Asked in Business Law for Georgia on
Answered on Sep 15, 2016

More information would be needed to fully answer this question. If you are filing a business bankruptcy (for an incorporated entity), then officers and shareholders personal holdings in other companies are unlikely to be relevant. If you are filing a personal bankruptcy for a company that is a sole proprietorship, then any assets of the person are assets of the bankruptcy estate.
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Q: Roof leaking. What is a roofing company held liable for. Damages and illnesses from mold?

1 Answer | Asked in Business Law, Personal Injury and Consumer Law for Georgia on
Answered on Sep 6, 2016

Contact a member of the Ga. Trial Lawyers Assn who handles housing construction issues. They give free consultations.

Understand that 1) any mold case is difficult because you have to show the persons symptoms came from mold and nothing else; 2) if you didn't ask the company to fix it they may have a defense. Until a GaTLA lawyer looks at it no one can tell you what you can hold them for.
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Q: Is it legal (in GA) to use a former employer's company and personal name in advertising, without permission?

1 Answer | Asked in Business Law, Contracts and Employment Law for Georgia on
Answered on Mar 10, 2016

If she is only using it to discuss her work history and qualifications, and assuming it is factual and true, then there is no real issue. This is even if your company name was trademarked (your company name can only be trademarked, not copyrighted, but your logo could be copyrighted). But, if she is using it more than just as a resume-like list of prior employers, then you could have a trademark issue, if you even have a trademark (or service mark). If they are using your logo, then you could...

Q: What is required to commercially deliver gasoline in Georgia?

1 Answer | Asked in Business Law for Georgia on
Answered on Oct 6, 2015

You probably think that this is just a basic legal question, but it is not. It would require a bit of research most likely, and that you simply cannot get without paying an attorney.

Q: How Hard or Easy is it to add a Member to our LLC? Here in Atlanta, Ga.

1 Answer | Asked in Business Law for Georgia on
Answered on Aug 29, 2015

Talk to a local lawyer, who can review your operating agreement and advise. Also, make sure everyone understands the tax consequences, if any. It's a good idea to talk to a CPA, too.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive...

Q: If someone wants to buy beer and have no I'd on them what do u do

1 Answer | Asked in Business Law for Georgia on
Answered on Jul 19, 2015

It depends on the liquor laws of your state and establishment policies.

Q: Can I pursue a career as a lawyer if I have misdemeanor domestic violence charges?

1 Answer | Asked in Business Law for Georgia on
Answered on Jun 14, 2014

The Georgia Office of Bar admissions publishes its requirements online, and you should read them to see whether you qualify.

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