Georgia Business Law Questions & Answers
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: 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 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: 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
| Asked
in
Products Liability, Agricultural Law and Business Law
for
Georgia
on
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
| Asked
in
Business Formation, Business Law, Contracts and Employment Law
for
Georgia
on
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
| Asked
in
Criminal Law, Business Law, Consumer Law and Contracts
for
Georgia
on
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
on
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
on
Answered on Apr 17, 2017
Answered on Apr 17, 2017
Peter N. 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.
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