Glenn M. Lyon’s Answers

Glenn M. Lyon

Atlanta Business Attorney.

Contributor Level 16
  1. If I am a manager but not a shareholder of a business owned by my father am I responsible for business debts.

    Answered about 1 year 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 about 1 year 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 over 1 year 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 over 1 year 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. I formed my single member LLC in Delaware but operate in Georgia. Do I need to register as a foreign LLC in Georgia?

    Answered 4 months ago.

    1. Glenn M. Lyon
    2. Dana P. Shaffner
    3. Peter Edward Morgan
    4. John William Nelson
    4 lawyer answers

    Unless you qualify for an exception, the business will need to register as a foreign entity. However, why be registered in Delaware in the first place if you have no connection there? Why not simply register in Georgia and not have to worry about it? www.macgregorlyon.com

    7 lawyers agreed with this answer

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  6. Dissolving a business with secretary of state

    Answered about 3 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

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  7. Can I file a lawsuit using my business name if I am not incorporated in Georgia?

    Answered 4 months ago.

    1. Glenn M. Lyon
    2. Jeffrey L. Cohen
    3. Anita Diane Baker
    4. John William Nelson
    4 lawyer answers

    Since you are just using a trade name, you should use your name as the plaintiff. A DBA is not a separate entity and therefore cannot be a party. However, you can include it: "John Doe doing business as ABC Company." www.macgregorlyon.com

    7 lawyers agreed with this answer

  8. 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 almost 2 years 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

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

    Answered about 3 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

  10. I was wondering if I went to work for an LLC company if I could be a subcontractor to them but also be an LLC?

    Answered 3 months ago.

    1. Glenn M. Lyon
    2. Michael David Birchmore
    3. Charles Henry Mcaleer
    4. William Edward Gschwind
    5. Danielle Augusta Hudson
    5 lawyer answers

    Yes. It is fairly common practice. The company would also probably prefer it.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful