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Glenn M. Lyon

Glenn Lyon’s Answers

1,079 total


  • Software business needs to put together an engagement letter. Should we? Could we? How do we?

    We're a software consulting startup. Recently, a potential client approached us with an offer to let us give them advices on migrating their system to a more modern technology and asked us to write them an engagement letter. What do we have to do ...

    Glenn’s Answer

    They are asking for either a service agreement or a proposal. If they want an actual service agreement, it needs to contain all terms that you need to be protected legally. If it is a proposal, it is less important, but it is usually worthwhile to include your standard terms and conditions so they can see them in advance.

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  • Hi there, I would like to know how to bring employees from out of country for a small business.

    I have a small business in Greater Atlanta area, specialized in retail at different shopping malls. I have employees but for this new job, I'm going to need to bring my brother for him to help me. I would need to use his knowledge of fixing iPhone...

    Glenn’s Answer

    Although you do need to retain a good business attorney, your posting is more of an immigration issue. You can use the website's search feature to find both. Good luck.

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  • Do I need a breech of contract lawyer?

    I'm asking on behalf of my boss who is a physician/scientist at Emory University. The university is claiming he is in breech of his contract because he didn't properly disclose his side company. However, he did disclose it and though he was workin...

    Glenn’s Answer

    It depends on the terms of his agreement with Emory. Have an attorney review and advise accordingly.

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  • Can I be sued by a company that filed a law suit while they were (and still are) administratively dissolved?

    I Peremptory Calendar for next month from a company that was my homeowners association. They are represented by attorneys, however, reviewing the GA SOS, the company filed the suit 3/2012 and were administratively dissolved on 04/2011. How is are ...

    Glenn’s Answer

    Yes, but they have the right to be reinstated, which, if they do it, will be retroactive to the date of administrative dissolution.

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  • What type of business licenses do I need in Georgia for an Internet only website that doesn't sell physical goods?

    Business start up

    Glenn’s Answer

    At a minimum you will need a business license from either the city or county depending on whether you live in city limits or not. Any additional requirements depend on what you are selling. Retain a good local business attorney to assist you.

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  • LLC or S Corp

    I'm start a restaurant business and I already register LLC. I heard from my friend that LLC will have to pay more tax is that true? I'm looking into s corp. what's the different and what is better for single owner small business? If I decide s cor...

    Glenn’s Answer

    "S-corp" is simply a tax election and not an entity type. As such, an LLC may elect to be taxed as a Subchapter S corporation. The difference is whether all profit is treated as a distribution and hence subject to self-employment tax (partnership tax status) or if some profit is treated as a salary and some as a dividend (S-corp tax status). The dividend portion is not subject to self-employment tax, which is where the potential tax savings is.

    The general rule is that you will need to be making enough profit to first get past the requirement that a reasonable salary first be paid and then dividends may be paid out. You will also have increased administrative and tax costs as the company will have to use payroll and file a corporate return.

    Talk to your tax advisor to see if/when this makes sense.

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  • Business Dispossessory in DeKalb County, Georgia.

    My business received a dispossessory in DeKalb County, Georgia. I have a court date soon, how long will I have before I have to vacate? Is their a minimum that the judge imposes? My business is fairly large, would I get 1 week, 2 week, 2 months?

    Glenn’s Answer

    If you lose, you will have a minimum of seven (7) days from the court date before the marshal would come to evict. However, in reality, it will most likely take longer than that. But it is really up to the marshal's office.

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  • In a commercial rental who is responsible for HVAC replacement if the unit is 30 years old and we have only been here 4 mths?

    The whole system needs replaced due to age. I have maintained filters and repairs on the unit to try and keep it running but $10,000.00 on something that is attached to the building is alot of money.

    Glenn’s Answer

    The terms of the lease will determine who is responsible for it.

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  • I have a DBA in texas, I have started an LLC in Georgia where I currently live. The texas business will go on how do i combine?

    I have a company in Texas that I currently use for online and in person orders, but I have a worker willing to do the work in Texas. I have recently started an LLC in Georgia where I currently live so how do I combine the dba under the LLC or can ...

    Glenn’s Answer

    Technically you can't combine a trade name (DBA) and an LLC. Any assets used under the DBA belong to you personally. So, you can just contribute those assets per your operating agreement. You may some tax issues to deal with, so talk to your tax adviser.

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  • My landlord changed the locks on my business without filing an eviction. What are my rights?

    My landlord changed the locks on my business without filing an eviction. What are my rights? He refuses to return the keys.

    Glenn’s Answer

    Most commercial leases allow a landlord to evict without going through the eviction process with the courts upon the breach of the tenant. If this is the case, your rights and the landlord's obligations will be in the lease. If not, then the landlord should have filed the eviction with the courts.

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