Georgia Business Law Questions & Answers
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
| Asked
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
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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: I worked for a marketing firm while going to school for marketing. Is their non-compete agreement enforceable?
Salim U. Shaikh's answer
It depends on non-compete agreement in terms of time or distance. It cannot be enforceable for a life long period.
It depends on non-compete agreement in terms of time or distance. It cannot be enforceable for a life long period.
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: My friend was driving my car in temple,ga.& we were pulled over for no insurance and no tag registration.what happens?
1 Answer
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in
Business Law, Civil Litigation, Criminal Law and Insurance Defense
for
Georgia
on
Answered on Jan 31, 2018
Answered on Jan 31, 2018
Forrest Clinton Barbour's answer
Was there insurance in existence at the time of the stop? If so, then you can fight this. If no, your chances of fighting it go down. However, if the insurance and registration get fixed, then, oftentimes, the prosecutor will work with you. This case can cause a suspension of driver's license, so hiring an attorney would be a very good idea.
Was there insurance in existence at the time of the stop? If so, then you can fight this. If no, your chances of fighting it go down. However, if the insurance and registration get fixed, then, oftentimes, the prosecutor will work with you. This case can cause a suspension of driver's license, so hiring an attorney would be a very good idea.
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.
Q: Hi I want to start an LLC but I want to have a three DBAs. What documents do I need to proceed with filing for the LLC?
John W. Chambers Jr's answer
I recommend that a person retain the services of an attorney to organize a limited liability company. While a person is not required to use an attorney, a business attorney can provide valuable advice regarding the legal requirements for formation and operation of the entity. After being properly organized, the entity would need to file a trade name registration for each of the names (other than the LLC name) which it intended to use. The trade name registrations must be filed in the...
I recommend that a person retain the services of an attorney to organize a limited liability company. While a person is not required to use an attorney, a business attorney can provide valuable advice regarding the legal requirements for formation and operation of the entity. After being properly organized, the entity would need to file a trade name registration for each of the names (other than the LLC name) which it intended to use. The trade name registrations must be filed in the...
Q: if my employer grants me vacation time because I been with the company for a long time. Can they not pay me if I take it
1 Answer
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in
Business Law, Employment Discrimination and Employment Law
for
Georgia
on
Answered on Nov 27, 2017
Answered on Nov 27, 2017
Salim U. Shaikh's answer
Elaborate whether paid leave was offered by your supervisor & manager prior to approval or after approval? If not approved and offered you to avail it was having mala fide intentions hence illegal. You better formally inform them of your concerns and loss of pay for the leave you availed on their offer and ask them to reimburse your pay for that period as per their offer. Once paid ;leave was offered, applied by you and approved by your supervisor tantamount to an approved paid leave as...
Elaborate whether paid leave was offered by your supervisor & manager prior to approval or after approval? If not approved and offered you to avail it was having mala fide intentions hence illegal. You better formally inform them of your concerns and loss of pay for the leave you availed on their offer and ask them to reimburse your pay for that period as per their offer. Once paid ;leave was offered, applied by you and approved by your supervisor tantamount to an approved paid leave as...
Q: Hello, I have a business law question.
Salim U. Shaikh's answer
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...
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...
Q: If I change the company of name and tax id, would it be consider legally separate from the old company?
John W. Chambers Jr's answer
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...
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...
Q: If I own a LLC, can I create a 501-C3 and have it contract my LLC?
John W. Chambers Jr's answer
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...
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...
Q: I am considering selling my small business. It is an LLC with two owners in Georgia.
John W. Chambers Jr's answer
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.
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.
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
Answered on Sep 30, 2017
Salim U. Shaikh's answer
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.
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.
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?
Will Blackton's answer
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...
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...
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