Georgia Business Law Questions & Answers

Q: How can I confirm that every contract entered into between a previous employer and I is no longer in effect?

1 Answer | Asked in Business Law and Employment Law for Georgia on
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.

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
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.

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
Robert W. Hughes Jr.'s answer
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 ?

1 Answer | Asked in Business Law for Georgia on
Answered on Jul 13, 2018
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...

Q: How do I transfer an LLC registered in Florida to be an LLC in Georgia?

1 Answer | Asked in Business Formation and Business Law for Georgia on
Answered on Jun 15, 2018
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...

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
Nicole Theodore's answer
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

1 Answer | Asked in Business Law for Georgia on
Answered on Jun 15, 2018
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.

Q: Can a person do business legally without incorporating a business adding "LLC" to the business name?

1 Answer | Asked in Business Law for Georgia on
Answered on Apr 10, 2018
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.

Q: Must I have the name of the owner/s to sue the corporation in Magistrate Court.

1 Answer | Asked in Business Law for Georgia on
Answered on Feb 18, 2018
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.

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 | Asked in Business Law, Civil Litigation, Criminal Law and Insurance Defense for Georgia on
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.

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

1 Answer | Asked in Business Formation and Business Law for Georgia on
Answered on Jan 6, 2018
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.

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?

1 Answer | Asked in Business Formation and Business Law for Georgia on
Answered on Dec 6, 2017
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...

Q: If I change the company of name and tax id, would it be consider legally separate from the old company?

1 Answer | Asked in Business Formation and Business Law for Georgia on
Answered on Oct 31, 2017
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...

Q: If I own a LLC, can I create a 501-C3 and have it contract my LLC?

1 Answer | Asked in Business Formation and Business Law for Georgia on
Answered on Oct 25, 2017
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...

Q: I am considering selling my small business. It is an LLC with two owners in Georgia.

1 Answer | Asked in Tax Law and Business Law for Georgia on
Answered on Oct 17, 2017
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.

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?

1 Answer | Asked in Business Law and Trademark for Georgia on
Answered on Aug 25, 2017
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...

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 | Asked in Products Liability, Agricultural Law and Business Law for Georgia on
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.

Q: Have instillation/light remodeling business, would like to take work for lawn care as well. Do I need another license?

1 Answer | Asked in Business Formation, Business Law, Contracts and Employment Law for Georgia on
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...

Q: Is a misdemeanor charge of deposit account fraud, a check for 40 be classified as moral turpitude in the state of Ga

1 Answer | Asked in Criminal Law and Business Law for Georgia on
Answered on Aug 2, 2017
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.

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