Georgia Business Law Questions & Answers
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...
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
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in
Products Liability, Agricultural Law and Business Law
for
Georgia
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Answered on Aug 21, 2017
Answered on Aug 21, 2017
William Head's answer
So long as the kitchen is approved by the State. All regs should be available. Find out this cost, and requirements. Important.
So long as the kitchen is approved by the State. All regs should be available. Find out this cost, and requirements. Important.
Q: Have instillation/light remodeling business, would like to take work for lawn care as well. Do I need another license?
1 Answer
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in
Business Formation, Business Law, Contracts and Employment Law
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Georgia
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Answered on Aug 4, 2017
Answered on Aug 4, 2017
John W. Chambers Jr's answer
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...
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...
Q: Is a misdemeanor charge of deposit account fraud, a check for 40 be classified as moral turpitude in the state of Ga
William Head's answer
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.
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.
Q: In Georgia, can one person file theft by deception against another person, thus causing a warrant and arrest?
1 Answer
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in
Criminal Law, Business Law, Consumer Law and Contracts
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Georgia
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Answered on Aug 1, 2017
Answered on Aug 1, 2017
William Head's answer
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...
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...
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
Answered on Jul 29, 2017
Mitchell Feldman's answer
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
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
Q: Is there an online resource to search for local/state cases/dockets that were close due to being settled out of court?
Robert W. Hughes Jr.'s answer
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.
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.
Q: I was going 74 on a 45 zone, how many points will my license get? This is my first ticket.
William Head's answer
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....
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....
Q: What do I need to change LLC corporation from non-profit to for profit - state of Georgia
John W. Chambers Jr's answer
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.
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.
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
Answered on Jun 1, 2017
William Head's answer
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.
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.
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
Answered on May 25, 2017
John W. Chambers Jr's answer
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.
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.
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
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Answered on May 1, 2017
Answered on May 1, 2017
Ray Choudhry's answer
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.
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.
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
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Answered on Apr 17, 2017
Answered on Apr 17, 2017
Peter Munsing's answer
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.
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.
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
Answered on Apr 7, 2017
Jonathan R. Roth's answer
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.
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.
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
Answered on Jan 22, 2017
Paula J. Mcgill's answer
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.
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.
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
Answered on Jan 22, 2017
William Head's answer
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....
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....
Q: I have been working with a patent company for 5 years that keeps saying companies are interested, is this legit
Peter D. Mlynek's answer
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.
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.
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
Answered on Sep 21, 2016
Peter Munsing's answer
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.
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.
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
Paige Kurtz's answer
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.
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.
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
Answered on Sep 6, 2016
Peter Munsing's answer
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.
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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