Georgia Business Law Questions & Answers

Q: I have joint custody of my girls. My girls are going to be signed to a record label. Do we need a signature from him?

1 Answer | Asked in Business Law, Contracts, Family Law and Entertainment / Sports for Georgia on
Answered on Feb 21, 2018

If you have primary physical custody, it should not be an issue if you are signing on their behalf. You papers should address the signing of contracts for them. You may want to look at entertainment attorneys if you are looking for representation in the negotiation of contracts.
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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

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.
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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

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.
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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

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...
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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 | Asked in Business Law, Employment Discrimination and Employment Law for Georgia on
Answered on Nov 27, 2017

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...
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Q: Hello, I have a business law question.

1 Answer | Asked in Business Law and Contracts for Georgia on
Answered on Nov 5, 2017

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...
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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

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...
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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

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...
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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

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.
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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

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.
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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

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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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

So long as the kitchen is approved by the State. All regs should be available. Find out this cost, and requirements. Important.
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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

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...
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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

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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Q: In Georgia, can one person file theft by deception against another person, thus causing a warrant and arrest?

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

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...
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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

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
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Q: Is there an online resource to search for local/state cases/dockets that were close due to being settled out of court?

1 Answer | Asked in Business Law and Civil Litigation for Georgia on
Answered on Jul 7, 2017

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.
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Q: I was going 74 on a 45 zone, how many points will my license get? This is my first ticket.

1 Answer | Asked in Business Law and Traffic Tickets for Georgia on
Answered on Jun 20, 2017

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....
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Q: What do I need to change LLC corporation from non-profit to for profit - state of Georgia

1 Answer | Asked in Business Law for Georgia on
Answered on Jun 19, 2017

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.
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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

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.
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