Georgia Business Legal Questions

The question is where your company will be basing its business and from where will it be shipping the goods. There is no licensing requirement to sell most products (guns are an exception). If you LLC is headquartered in Georgia, you will need to pay Georgia sales tax on goods sold to customers within Georgia. You won't need to pay state sales taxes  on goods shipped from outside the US to points outside the state of Georgia.   Michael Caldwell 404-979-3150... Read More

A private business cannot "prosecute" a criminal offense; only the state can do that. For that to happen, the business must file a complaint with the appropriate authorities, who will investigate and determine whether they want to pursue the matter. Whether the authorities pursue it will depend, among other things, on the strength of the evidence, the nature of the alleged wrongdoing and whether the result is likely to have happened through inadvertence or mistake. It is not possible to predict the outcome of such a matter without many more facts. ... Read More

Your facts are somewhat confused. If you leased the property to a "business" (i.e., a corporation or other legal entity), the stockholders of that business are not liable to you for a breach of the lease by the business. THe business alone is your tenant, and you must look to it for performance of the lease. If you had intended that the former stockholder also be personally liable for the lease, you would have needed a written personal guaranty from him. Does that help?... Read More

The answer to your question depends on the contract itself. If the contract to order the ornaments was entered into by Christmas Unlimited, Inc., then that is the legal person that you have to sue. Its owner-managers are not guarantors of the corporation's debts unless you have a written agreement under which they become guarantors of the corporation's debt. Since they are not guarantors they are not personally liable for the corporation's debts This is part of the protection afforded by adopting the corporate form of business. By the way, this appears to be a law school test question. Michael Caldwell 404-979-3150 ... Read More

In a "pawn" transaction, the business makes a loan secured by a tangible object, and it takes possession of the collateral to secure its loan. Under those circumstances, it must comply with applicable state law, including providing certain disclosures and a written agreement. However, some businesses simply buy precious metal items outright. These are not "pawn" transactions (there is no loan involved), and there is generally no requirement for disclosures or a written contract. The price is negotiated between buyer and seller, and it is widely known that the buyer offers a small "wholesale" price that bears little relationship to the retail value of the item. The buyer's superior knowledge, standing alone, will generally be insufficient to allow you to avoid such a transaction.... Read More

If the debt is owned by the business, and not owned or personally guaranteed by the individual, and the company files for Chapter 7 bankruptcy the assets of the company will be sold to payoff creditors.  If there are no assets, or not enough to payoff all creditors the court will look to various rules regarding the type of debts and the priority of the creditors. Each case is different, and needs to be examined individually.   You should consult a creditor's rights attorney to determine your options.   This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.  ... Read More

It would be pretty exhaustive to outline each and every step you need to take. However, some do come to mind.   1. Organize the Company that will  own and operate the site, either as an Limited Liability Company or a corporation.  Make sure you file the notice with the Sercretary of State of Georgia. 2. Get a good accountant to advise you on the tax issues. 3. Male sure you register your trade name. 4. Check into business liability insurance. 5. Create a privacy policy relating to dissemination, sale, or use of information received from members of the networking group. 6. Create a policy relating to minimum ages for users etc.   These aren't all, but they will give you a good start.   Michael A. Caldwell 404-979-3150... Read More

I would attempt to contact either a consumer law attorney, or an attorney with expertise with regards to litigation.   This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

This is designed to be a consumer-friendly benefit of the card. Merchants for competing cards are required to print the prepaid card balance on the customer receipt or display it on a customer-facing terminal/POS device/Web page, or both. AMEX added this feature to comply with consumer expectations in the marketplace.... Read More

It's difficult to tell what happened and under what circumstances your personal information was revealed. As a general matter, businesses have some limited rights to share your information with others. It is not clear from the sketchy facts you have posted whether those rights were exceeded. If you need help with this situation, you should contact an attorney where you reside; he or she can look at the totality of the fact pattern and advise you.... Read More

As a general matter, you are not liable for an agreement you didn't sign, although there are alternative theories on which your co-owner could assert claims against you (such as that you agreed, even orally, to contribute to the expenses of the business). You should consult with an attorney who practices business law and litigation to review the documents and your particular circumstances.... Read More

This is a good and somewhat difficult question. As a general matter, even assuming that the former restaurant name was capable of being protected under laws generally applicable to trademark, those rights do not endure after the name has been abandoned by, for example, permanently closing the business. An attorney who practices trademark litigation can assist you in determining whether abandonment is at issue and also whether the former name is capable of enjoying common-law trademark protection. The facts you posit do not suggest that the landlord has engaged in any misconduct either by opening the restaurant there (anyone had the perfect right to do so), by hiring former employees (they were employed at will and were privileged to find new employment). There is another problem with the "goodwill." Goodwill is an intangible asset that a business owner uses to make a profit, and the value of that goodwill will usually depend on the profitability of the business. It doesn't sound as if the closed business was profitable, so the value of stealing the goodwill may be low. See an attorney to discuss the situation. The lease and other documents need to be reviewed.... Read More

Yes. The name given by the parties to their agreement isn't dispositive of the validity of the agreement. What matters is whether the parties have the power to contract and whether the agreement relates to lawful matters on which they have the ability to contract. Stockholders of a corporation frequently enter into stockholders' agreements; partners enter into partnership agreements. Nothing prevents such parties from calling their agreement an "operating" agreement.... Read More

As a general matter, people buy insurance for such protection. Your insurance broker can assist you in making sure you have the right kind of insurance. However, you should think carefully about whether it is worth the bother. If you destroy a used iPhone, your exposure is the value of a used iPhone (not a new iPhone) -- perhaps a few hundred dollars. Most businesses would self-insurance against this risk. You should also consider having an agreement with your customers that expressly limits your liability and that requires arbitration of any claims. Your attorney can assist you with this.... Read More