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Georgia Business Law Questions & Answers
1 Answer | Asked in Business Law for Georgia on
Q: What financial statements are required to give members of our non profit 501(c) 4 club in Georgia?

A member is requesting FY2021 Annual Financial report, all financial records for FY22 including incoming funds, and outgoing funds (checkbook stubs/ledger), money market balance, and "bottom line" total assets as of now (checking, money market, CD's and anything else).

Matthew Morris
Matthew Morris
answered on Mar 8, 2023

Let's start with the FY21 financial report. Under Georgia law, a nonprofit corporation "shall furnish" a member with a copy of "its latest prepared annual financial statements ... in reasonable detail as appropriate, that include a balance sheet as of the end of the fiscal year... View More

1 Answer | Asked in Business Formation and Business Law for Georgia on
Q: I want to change the name of the organizer in my business
Glenn M. Lyon
Glenn M. Lyon
answered on Jan 23, 2023

You cannot retroactively change the name of the organizer once the entity is filed with the secretary of state. However, keep in mind that "organizer" does not mean that person is actually an owner of the company. It is simply the person or entity that files the articles.

1 Answer | Asked in Consumer Law, Business Law, Health Care Law and Libel & Slander for Georgia on
Q: A business gave my personal information to their customer in retaliation. What can I do?

My elderly mother’s name and that they knew her.

Tim Akpinar
Tim Akpinar
answered on Dec 6, 2023

A Georgia attorney could advise best, as your remedies could be governed by state law, but your question remains open for three weeks. At this point, one option could be to try to set up a free initial consult with attorneys who handle privacy-related matters, and possibly health care... View More

2 Answers | Asked in Contracts, Business Law and Collections for Georgia on
Q: Lawncare company has serviced our yard for 18 months after we cancelled verbally. Now they are threatening to sue.

We have a verbal arrangement with a local lawncare company. When they were servicing our yard, they ran over our irrigation system twice. on the second time the crew stopped and i told them we need to pause service until the boss comes out to discuss, i spoke with him and he mentioned he would come... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 8, 2023

Possibly. You would have to prove you canceled the service, and convince the court that you believed 18 months of lawn service was merely a gesture of goodwill. See an attorney for an assessment of your defense. Try working it out.

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1 Answer | Asked in Contracts and Business Law for Georgia on
Q: I have non profit that is renting a space from a church I'm signing MOU that states partnership. Does this make us partn

There's a line on our MOU that states partnership. Does this mean that the church will have access to our business

Glenn M. Lyon
Glenn M. Lyon
answered on Nov 3, 2023

It depends on what you mean by "access," but either way you should revise the MOU to remove that language and specifically disclaim any type of partnership with the church, including limited partnership, limited liability partnership, etc.

1 Answer | Asked in Business Law for Georgia on
Q: I want a company pay my business instead of me and then use those funds to so that I don't show as much personal income?

I first want to know if this is legal and if so how do I set this up

T. Augustus Claus
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T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 19, 2023

First and foremost, I must emphasize that I'm not a tax attorney, but I can provide you with some general guidance. The structure you're referring to may involve creating a separate legal entity, such as a corporation or a limited liability company (LLC), for your business. By having the... View More

1 Answer | Asked in Business Formation, Business Law, Car Accidents and Civil Litigation for Georgia on
Q: i am looking into a business running a food /ice cream truck w/ hemp derived edibles.what are steps to take to protectit

i want to know what disclaimers i need for if they leave after an edible and go wreck a car then try to blame me for it or things of that nature. any other answers would be greatly appreciated. i want to be 100% legal with everything and turn this into an experience

Tim Akpinar
Tim Akpinar
answered on Apr 20, 2023

A Georgia attorney could advise best, but your question remains open for three weeks. Your question covers lots of ground - type of business structure, insurance, etc. - and it might be difficult to obtain meaningful guidance in the brief format of a Q & A forum. One option is to think about a... View More

2 Answers | Asked in Bankruptcy and Business Law for Georgia on
Q: Can I start a business after bankruptcy?

I filed for a bankruptcy on myself and my old business. It was filed and discharged back in 2022. I want to start over, but this time with a business partner. My old business was custom apparel. This new business will be a collection of businesses. Custom Apparel, Embroidery, banners, print shop,... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Apr 20, 2023

If you disclosed all of the debts and assets of yourself and your old business in your bankruptcy Schedules in last year's case, and you've received a discharge, then all of your old creditors are barred from attempting to collect on those discharged debts at this point.

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1 Answer | Asked in Business Law and Civil Litigation for Georgia on
Q: Me and a partner purchased 4 vehicles together. I am now wanting to liquidate the business sell the 4 vehicles

Pay the remaining debt and bills from the business and split the remaining money. How can I go about doing this? We cannot agree

Glenn M. Lyon
Glenn M. Lyon
answered on Mar 23, 2023

I would need more information on the company, ownership percentages, positions, duties, contracts, etc. But generally speaking, you all would have to all agree to properly dissolve the company.

1 Answer | Asked in Employment Law, Appeals / Appellate Law, Business Law and Civil Litigation for Georgia on
Q: I get the Code Section but cannot open the links that would provide the cases interpreting the code section?
Michael W. Horst
Michael W. Horst
answered on Mar 21, 2023

The best places to find case law is via Google Scholar. It is free. All you need to copy/paste is the case cit. Here is the link:

https://scholar.google.com/scholar?hl=en&as_sdt=4,11

2 Answers | Asked in Bankruptcy, Business Law and Internet Law for Georgia on
Q: I want to buy an avalable domain name of a competitor that went out of business, chapter 7, and redirect to my website.
David Luther Woodward
David Luther Woodward
answered on Feb 14, 2023

What is the question?

All non-exempt property of the debtor is for sale by the trustee in Chapter 7. If you have issues with this, contact a local bankruptcy lawyer for guidance. But you should contact the trustee.

The trustee's name and address are on the docket of the case...
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1 Answer | Asked in Contracts and Business Law for Georgia on
Q: Can email/text be used to show breach of contract?

I have a broker who drafted a purchase agreement between me and a potential buyer of my business.

The agreement was based on multiple emails and texts which the buyer and I had agreed on terms, conditions and price.

Two days ago she sent an email saying she couldn't sign... View More

Glenn M. Lyon
Glenn M. Lyon
answered on Dec 19, 2022

If there was an enforceable agreement, whether orally, via e-mails or through a more traditional written agreement, it depends on the terms of the agreement. If there was not an agreement there cannot be a breach.

1 Answer | Asked in Business Formation and Business Law for Georgia on
Q: If I form a Domestic LLC named "XYZ Co. LLC" do I need to file a DBA with my county to advertise as simply "XYZ Co."?

The Domestic LLC will officially be registered with the GA Secretary of State as "XYZ Co. LLC". I'm just trying to find out if I'm required to file for a DBA/Trade Name to drop the LLC portion for any kind of advertising or just reference to the company in general.

Glenn M. Lyon
Glenn M. Lyon
answered on Nov 16, 2022

Generally, just dropping the company designation (LLC or Inc.) does not require a trade name registration.

1 Answer | Asked in Business Formation and Business Law for Georgia on
Q: What's the order of the steps to revoke S-Corp election and change from partnership LLC to Single member LLC in Georgia?

I opened a LLC in Georgia in 2014 with 2 members in the Articles of organization, me and my spouse. I also elected for an S-Corp status (2553 & 8832) the same year. Now I want to revoke the S-Corp election AND also convert the multi member LLC to a single member LLC (my spouse will no longer be... View More

Glenn M. Lyon
Glenn M. Lyon
answered on Oct 11, 2022

No. There is no form to change to a single member LLC. You just transfer the membership interests to you from your spouse. And you do not need to record anything or file anything with the SOS unless you included ownership in the Articles of Organization.

1 Answer | Asked in Business Formation and Business Law for Georgia on
Q: Should I create a Trust to control a C-Corp to control an LLC?

I've been researching the best way to set up business entities and this is the conclusion I have come to. Is this an appropriate structure? Thank you

Glenn M. Lyon
Glenn M. Lyon
answered on Sep 30, 2022

Almost certainly not, unless this is a larger organization.

1 Answer | Asked in Tax Law and Business Law for Georgia on
Q: Video Editing for Clients in Another State | Tax Question

I currently have a Georgia LLC doing video editing and will be moving to Michigan in a couple of months. Since I will be doing the work in Michigan I assume I would register there, but do I have to register as a foreign entity in Georgia? Will I end up paying tax to both states? How does that work?... View More

Glenn M. Lyon
Glenn M. Lyon
answered on Sep 30, 2022

If you begin conducting business in Michigan and don't do do anything else with the company, you will need to register in Michigan as a foreign entity since it is a Georgia entity (regardless of where you reside). Assuming you will not be moving back to Georgia soon, it makes sense to just... View More

1 Answer | Asked in Business Law, Employment Discrimination and Employment Law for Georgia on
Q: Can I sue someone for not paying me even if we didn’t have a contract?

I went on tour with a rapper and I was the driver and the rapper said he was going to pay me but we didn’t sign a contract or anything. And now that the tour is over he has ghosted me.

Glenn M. Lyon
Glenn M. Lyon
answered on Sep 6, 2022

Yes.

1 Answer | Asked in Business Formation and Business Law for Georgia on
Q: For part 9, if the business rents the property, does it then need to register as a foreign LLC?

I am wondering if buying and renting residential property in GA means the out of state LLC needs to register as a foreign LLC in GA. No other business will be conducted outside of renting to tenants in the state of GA.

Glenn M. Lyon
Glenn M. Lyon
answered on Aug 16, 2022

Simply owning the property would not require foreign entity registration, but if the LLC rents out the property it would be deemed to be conducting business in Georgia and would be required to register with the Georgia Secretary of State.

1 Answer | Asked in Business Law for Georgia on
Q: In order to amend articles of association Business Purpose, does Board of Directors or Shareholders have authority?

Specifically, the business purpose as listed on the Georgia Articles of Incorporation

Glenn M. Lyon
Glenn M. Lyon
answered on May 27, 2022

You will need to provide additional information for a decent answer. Are you referring to the articles of incorporation or some other internal corporate document? Is there another document that addresses the issue?

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