Glenn M. Lyon’s Answers

Glenn M. Lyon

Atlanta Business Attorney.

Contributor Level 15
  1. If I am a manager but not a shareholder of a business owned by my father am I responsible for business debts.

    Answered 3 months ago.

    1. Glenn M. Lyon
    2. Robert M. Gardner Jr.
    3. Andra Marie Vaccaro
    4. Jeffrey L. Cohen
    5. Matheau J. W. Stout
    5 lawyer answers

    Generally, no, just as the owners are not generally liable. However, there are notable exceptions to such rule. Have a local business attorney discuss the entire situation and advise.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. If I start a corporation, do I also need to apply for state, county and municipal license also?

    Answered 4 months ago.

    1. Glenn M. Lyon
    2. David Michael Lawler
    3. Alan James Brinkmeier
    4. Michael Charles Doland
    4 lawyer answers

    The state "license" is obtained when you incorporate with the Secretary of State. You will also need a business license from either the county or city where the business is located, depending on whether you are within the city limits or in unincorporated county.

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  3. Is an LLC and a Partnership the same thing within another? If I wanted to subcontract out of my LLC, is this possible?

    Answered 10 months ago.

    1. Dana P. Shaffner
    2. Glenn M. Lyon
    3. Robert M. Gardner Jr.
    4. L. Maxwell Taylor
    4 lawyer answers

    You need to retain a local business attorney. He/She will be able to explain it. A site like this is not sufficient.

    8 lawyers agreed with this answer

  4. Am I infringing on a trademark?

    Answered 11 months ago.

    1. Glenn M. Lyon
    2. Mark Raafat Malek
    3. Richard T Matthews
    4. Paul Karl Siepmann
    5. James Scott Anderson
    6. ···
    7 lawyer answers

    You should be concerned, but there is no way to tell you whether you are in fact infringing on their trademark, or if they even have a protect-able mark. Such things are very fact-specific. Retain a local intellectual property attorney to discuss and gather all of the facts to decide next steps.

    8 lawyers agreed with this answer

  5. Dissolving a business with secretary of state

    Answered over 2 years ago.

    1. Glenn M. Lyon
    2. Richard Michael Morgan
    3. Bryant Keith Martin
    3 lawyer answers

    No, not properly. If the company has any outstanding debts/monetary obligations, it is not proper to dissolve the company. Doing so can lead to personal liability for the individual dissolving the company. However, you should discuss this with the attorney assisting you with the tax issue. For example, if you already have personal liability for the tax obligation, it may not ultimately make a difference.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. If I want to make my own lotion and want to name it. To protect the name do I need to "Register" the name of the product?

    Answered about 1 year ago.

    1. Elizabeth Jami Oliner
    2. Glenn M. Lyon
    3. Michael Charles Doland
    4. Trina Ann Longo
    5. G. Todd Winter
    6. ···
    7 lawyer answers

    Names used in commerce automatically get trademark protection (assuming they otherwise qualify as a proper trademark). You do not need to register the name to protect it, although federal registration may make sense at some point. However, you should make sure the name will be a proper trademark before investing resources into it. Retain a local business and intellectual property attorney to help you.

    7 lawyers agreed with this answer

  7. What steps would I need to take to remove my business partner from the business and any contracts that we currently have?

    Answered over 2 years ago.

    1. Glenn M. Lyon
    2. Robert John Murillo
    3. Kenneth Allyn Sprang
    3 lawyer answers

    Your situation is not uncommon, but can be very complex if your partner is not willing to voluntarily transfer her interest to you. If she is willing, she would transfer her stock/membership interest to you via a purchase agreement. Then, you would attempt to amend whatever contracts she is a party to. However, keep in mind that the other party to those agreements may not be willing to allow her to be removed. If she is not willing to give up her interests, the situation becomes too...

    7 lawyers agreed with this answer

  8. Do I need LLC or Corporation?

    Answered 10 months ago.

    1. Glenn M. Lyon
    2. Robert M. Gardner Jr.
    3. Paul Rutledge Durr III
    4. Jeffrey L. Cohen
    4 lawyer answers

    It really depends on many factors. Generally, an LLC is the better choice for a small company because of its flexibility, but not always. Retain a good business attorney to discuss your situation and advise.

    6 lawyers agreed with this answer

  9. Is a standard boilerplate Operating Agreement ( likely from the Internet ) adequate for a Single - Member LLC ?

    Answered over 1 year ago.

    1. Glenn M. Lyon
    2. Clayton Harold Walker Jr.
    3. Phillip Monroe Smith
    4. Brian Leigh DeWitt
    4 lawyer answers

    I agree with my colleagues' answers. I will add that an operating agreement is not required for an LLC in Georgia, although always recommended. If you do not have one, the rules of the Georgia LLC Act will apply, which I assume you have never even looked at it. Therefore, I always recommend a customized operating agreement even for a single member LLC. That way you can keep it simple and straightforward.

    6 lawyers agreed with this answer

  10. How can i protect my real estate assets from breach of contract lawsuit?

    Answered over 1 year ago.

    1. Glenn M. Lyon
    2. Ashley Anne Digiulio
    3. Glen Edward Ashman
    4. Douglass S Lodmell
    5. Matthew Erik Johnson
    5 lawyer answers

    Other than filing for bankruptcy protection, there is little, if anything, you can do to avoid liability regarding the lease since you personally guaranteed it and there is already an issue of collection. In other words, it would be fraud if you transferred all of your personal assets to avoid the rent obligations. Your best course of action is to retain an attorney and negotiate a termination of the lease. However, there are other ways to protect your personal assets moving forward, such...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful