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Georgia Business Law Questions & Answers

1 Answer | Asked in Business Law for Georgia on

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

Robert W. Hughes Jr. answered on Apr 10, 2018

You cannot include LLC or INC on your name if you are not registered as such with the state.

1 Answer | Asked in Business Law and Civil Litigation for Georgia on

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

Robert W. Hughes Jr. answered on Feb 18, 2018

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.

1 Answer | Asked in Business Formation and Business Law for Georgia on

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

Right now, I have no property to run my business. I would like to know the steps in order to operate my record label legally

Robert W. Hughes Jr. 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.

1 Answer | Asked in Business Formation and Business Law for Georgia on

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?

Can I file myself or should seek a professional?

John W. Chambers Jr 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... Read more »

1 Answer | Asked in Business Law and Tax Law for Georgia on

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

or would I need to dissolve one and then start the new business. I am thinking of changing because I want to change what we are selling and to who we are selling to.

John W. Chambers Jr 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... Read more »

1 Answer | Asked in Business Formation and Business Law for Georgia on

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

My LLC is an event production agency and am looking at producing a major festival in my area. However, I would like the sponsors to be appealed by the fact that their donation would be a tax write off. The name of the non-profit would hold the event title and it would contract my LLC to produce the... Read more »

John W. Chambers Jr 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... Read more »

1 Answer | Asked in Tax Law and Business Law for Georgia on

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

I need to understand the taxes that would need to be paid. For example, if I sell my business for 1 million dollars and pay a 10% commission and $5K in closing costs would taxes be on the gross sale or the net profit.

Also, my business is in the state of Georgia. It will be an asset... Read more »

John W. Chambers Jr 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.

1 Answer | Asked in Business Law and Trademark for Georgia on

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?

The other company is also in another state.

Will Blackton 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...
Read more »

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

Q: I am starting a mobile bbq business. Can I prepare food at my home in a separate room set up for food preparation .

According to local health dept regulations paulding county ga

William Head 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.

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

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

Already have a registered and insured business license and ein for a remodeling and installation business. I was offered a field service vendor agreement to do lawn care, from another business. It is required that I have a registered and insured business licensed with the state, can I piggy back of... Read more »

John W. Chambers Jr 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... Read more »

1 Answer | Asked in Criminal Law and Business Law for Georgia on

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

I am looking to obtain a state professional license and would like to know if this charge could disqualify me.

William Head 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.

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

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

It's a civil type ordeal but threatened with theft by deception for work done and unhappy customer.

William Head 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... Read more »

1 Answer | Asked in Employment Law, Workers' Compensation, Business Law and Collections for Georgia on

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

My company told me to go to Arkansas to go help out and I would get 10 dollars a hour for traveling fee and 12 dollars a hour for working there and I was supposed to get my money on July 10th so I could have my rent paid. I worked 72 hours and have a copy of my time card. It's the 28th now and I... Read more »

Mitchell Feldman 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

1 Answer | Asked in Business Law and Civil Litigation for Georgia on

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. 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... Read more »

1 Answer | Asked in Business Law and Traffic Tickets for Georgia on

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

William Head 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...
Read more »

1 Answer | Asked in Business Law for Georgia on

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

Sent letter requesting change. Request was denied. Letter said, "Incorrect for format: Entity needs to file a restatement to change from a non-profit to a profit corporation. Please see code 14-3-1006 for filing restated articles."

I'm confused on exactly what needs to be done. There... Read more »

John W. Chambers Jr 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... Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Tax Law and Business Law for Georgia on

Q: Can a bar owner in ga purchase alcohol in florida and bring it to ga and sell it at their bar?

William Head 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,...
Read more »

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

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?

i know there is a dividend distribution for the s-corp but i just want to get more in depth of how i am going to pay myself , if i should open a business account and write my self a check or set up a wire transfer from my business account?

John W. Chambers Jr answered on May 25, 2017

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... Read more »

2 Answers | Asked in Employment Law, Banking, Business Formation and Business Law for Georgia on

Q: Can a shareholder/co-owner legally hire their spouse (another shareholder) to do payroll?

One of the co-owner/shareholder has his wife working as the accountent and doing payroll? My hours and an employees hours have been changed and done incorrectly. As well as ive been told as a shareholder the other shareholder could fire me as an employee and i wouldnt be allowed to be in shop

Ray Choudhry answered on May 1, 2017

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.

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1 Answer | Asked in Business Law, Consumer Law, Health Care Law and Medical Malpractice for Georgia on

Q: Is my case worth going to court for or suing this company to get my money back?

I visited A Preferred Women's Health Center on November 18, 2016 to to get help with an unwanted/unwanted pregnancy. I made my payment to the facility before being seen by a doctor(their policy). They did some blood and urine test on me and later asked me to take have an ultrasound there, which I... Read more »

Peter N. Munsing answered on Apr 17, 2017

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.

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