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Georgia Business Law Questions & Answers
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?

1 Answer | Asked in Business Law and Tax Law for Georgia on
Q: This is a business tax law question for the state of Georgia.

I just received my first Business Personal Property Tax Return. I am a sole proprietor in my first year of business. My tangible personal property pertaining to my business is worth about $3000. Am I still required by law to submit the Business Personal Property Tax Return?

Glenn M. Lyon
Glenn M. Lyon
answered on Apr 13, 2022

Yes.

1 Answer | Asked in Consumer Law, Business Law and Collections for Georgia on
Q: Is a "professional parking management" company's fines enforceable? Not through a govt agency but a private company.
Cory D. Raines
Cory D. Raines
answered on Feb 26, 2022

These fines are generally not enforceable like tickets issued by law enforcement agencies. However, failure to pay the fines could result in outstanding balance being sent to a collection agency, which could negatively impact your credit.

1 Answer | Asked in Business Law, Employment Discrimination and Probate for Georgia on
Q: I failed to ask for ID and served a minor alcohol. There is a fine to pay. Is it me or the restaurant who is to pay?
Jammie Taire
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answered on Jan 30, 2022

Unfortunately you posted this in the probate section; however, you as an FYI, if you received the citation then you need to appear. You should speak to your employer regarding respoonsibility.

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Georgia on
Q: How do I file for a motion for dismissal of civil claim? Plaintiff has lied. Contract give us both same responsibility

He has filed a claim as if he had o responsibility, even tho our contract says different

Cory D. Raines
Cory D. Raines
answered on Jan 23, 2022

Without more information on the circumstances surrounding the dispute, a complete answer cannot be given. However, filing a motion to dismiss can be done for a variety of reasons and is case specific. Therefore, It is highly recommended that you contact an attorney that specializes in civil suits.... View More

1 Answer | Asked in Tax Law, Business Formation and Business Law for Georgia on
Q: Is it correct that my fitness franchise that I am opening in GA will have sales & use tax?

Business is a franchise I have purchased from franchisor. Products are: monthly memberships for personal training service, the occasional apparel sale, beverage sales (bottled water, etc.), and nutritional supplements (sold online). I will have personal trainers who are my employees. I'm... View More

Glenn M. Lyon
Glenn M. Lyon
answered on Jan 5, 2022

Yes, for both the services and products.

2 Answers | Asked in Business Law, Contracts and Trademark for Georgia on
Q: Hello, I am interested in acquiring an already existing trademark. How would I go through the process of buying the TM?

I want to purchase the rights to ownership of this trademark:

Serial # "78338468", Registration # "3204956", Status "710 - Cancelled - Section 8".

Marcos Garciaacosta
Marcos Garciaacosta
answered on Nov 30, 2021

You need to visit and consult with an attorney.

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1 Answer | Asked in Personal Injury, Real Estate Law, Business Law and Construction Law for Georgia on
Q: In Georgia, can you attach a fire escape ladder outside of your second or third or fourth story window? Permanently?

What types of certifications or permits would a company need to start installing Fire Escape Ladders in homes and commercial buildings up to four stories tall?

Michael D. Birchmore
Michael D. Birchmore
answered on Nov 25, 2021

You will need to check with your local city, county authorities to determine what type of permits and inspections will be necessary for your particular location.

1 Answer | Asked in Business Law and Civil Litigation for Georgia on
Q: Once in default must it go to auction or can I follow the signed contract that says Owner may dispose of the contents?

I have owned a self storage facility in Georgia for years and have never held an auction. Our contract was pulled straight from Ga code title 10-4-213, stating we will dispose of the contents if customer is in default. (We always allow 60 days before sending out certified letters or e-mails... View More

Michael D. Birchmore
Michael D. Birchmore
answered on Oct 13, 2021

Your new manager may be correct. Make sure that you are reading the 2021 version of the OFFICIAL CODE OF GEORGIA ANNOTATED. If you remain uncertain after reading the newest language, you should probably meet with a business law attorney who can assist you in understanding your legal obligations.

1 Answer | Asked in Business Law and Civil Litigation for Georgia on
Q: I am a small time handyman, I have a client that refuses to pay on a paint sizable paint job. What do I do?

My employee and myself were 3 days into a 4 day paint job. When at 3 am the 3rd day we ran out of paint. The client told us not to come back. Never paying us a cent.

Cory D. Raines
Cory D. Raines
answered on Oct 12, 2021

Great question. So long as there was a valid contract and you substantially performed under those contractual obligations, you will likely be entitled to payment and or damages for client not paying you.

Depending on the underlying facts, you could be entitled to damages as well as...
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1 Answer | Asked in Employment Law, Business Law and Employment Discrimination for Georgia on
Q: Can I be suspended after 1 write up

I was written up for something I did not do and i refused to sign the write up. I questioned my general manager of how I could write him up and he suspended me for a week

Cory D. Raines
Cory D. Raines
answered on Oct 12, 2021

It is recommended that you check your employee handbook and other policies that you should have been given prior to your employment. However, Georgia is known as employee-at will state, which means you can be fired for any reason or no reason at all, so long as that termination does not violate a... View More

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Legal Malpractice for Georgia on
Q: Is a cotingency fee contract a legally binding contract in georgia

Can a case be assigned to an attorney incorrectly in a law firm be terminated for that purpse alone

Cory D. Raines
Cory D. Raines
answered on Oct 12, 2021

Contingency contracts are on of many contracts that are legally enforceable in the state of Georgia. They are often seen in personal injury law matters and many of these contracts allow either the client or attorney to terminate or withdraw, respectively. However, the client may owe that attorney... View More

1 Answer | Asked in Business Formation and Business Law for Georgia on
Q: I am looking for the Statute that designates what financial documents are required to be given to an investor.

My investor is asking, aggressively, for my businesses bank statements and I don’t believe that this is documentation he is entitled to.

Cory D. Raines
Cory D. Raines
answered on Oct 3, 2021

Depending on what type of investment opportunity you are offering will determine whether state, federal, or both laws apply. If federal, then securities laws outlined in the Securities Act of 1933 and 1934 as well as regulations provided by the Security and Exchange Commission will apply.... View More

1 Answer | Asked in Business Formation and Business Law for Georgia on
Q: Can i sue someone that ripped me off by putting money into there account for a buisness and they took off with the money

They are not giving me my money back out of the account and not allowing me to be apart of it

Cory D. Raines
Cory D. Raines
answered on Oct 3, 2021

Assuming that this person had an agreement with you to provide a good or service in exchange for your payment, then you likely have a claim against that person. These claims could include but are not limited to breach of contract, fraud, and unjust enrichment.

Depending on the underlying...
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1 Answer | Asked in Contracts and Business Law for Georgia on
Q: Offer with CAVEAT tems Accept, Object, Reject or stand in total agreement...

Legal Notice Provided with a 11 day grace period with riders Offer Letter, Secured Prom Note/ Security Agreement , Note Purchase Agreement, Hold Harmless ..... Regulation D Filing with SEC 506(B) Transaction

Cory D. Raines
Cory D. Raines
answered on Sep 23, 2021

Unfortunately, this is not a question and an adequate answer cannot be provided based on what is written and what is lacking. Provide more details and a legitimate question if you would like a response from one of the many qualified attorneys on Justia.

1 Answer | Asked in Criminal Law, Business Law and White Collar Crime for Georgia on
Q: Is it legal for A to sign B's name (in A's handwriting) on a legally significant document & without permission from B?

Later, B is held accountable for the accounting errors in the letter, even though A crafted and signed, and sent the letter without B's permission or knowledge.

Is the significance of the offense increased if this behavior is repeated over and over without permission or knowledge of B?

Joseph Abrams
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answered on Sep 17, 2021

What you describe would be considered forgery in most jurisdictions, which often can be filed as either a misdemeanor or felony. Yes, generally speaking, repeated conduct can result in additional counts and/or be considered an aggravating sentencing factor.

- Law Office of Joseph Abrams,...
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1 Answer | Asked in Business Law, Civil Litigation, Landlord - Tenant and Small Claims for Georgia on
Q: How do I serve C T Corporation System in Lawrenceville GA listed as registered agent for property management company?

Property management company currently managing apartment complex in Marietta GA is in violation of tenant lease agreement. Principal address of the business is listed in UT; registered agent is a corporation by the name C T Corporation System in Lawrenceville GA. Gwinnett County sheriff is said to... View More

Michael D. Birchmore
Michael D. Birchmore
answered on Aug 24, 2021

CT Corporation is a company that acts as registered agent for thousands of companies throughout the country. The deputy certainly knows how to serve CT Corp. You are likely drafting your lawsuit pleadings incorrectly. You do not sue CT Corp, you sue the company and serve CT Corp which then gets... View More

1 Answer | Asked in Consumer Law, Business Formation, Business Law and Trademark for Georgia on
Q: I am trying to create a subsidiary brand in Georgia. Where do I do this?

For example Coke makes brands like Sprite and Fanta. Their the same soda brand that have different soda. That’s what I am trying to accomplish. I have an LLC already in Georgia. Do I just make buy another LLC? Is there like a box I fill out out under my already owned LLC?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Aug 3, 2021

You do not need any more LLCs

You need to register the brands to get protection against others who would want to use the same name

You need to consult with an attorney

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