Legal Question in Business Law in Georgia

Is this considered partnership?

Me and a friend decided to start a business with the name being the first 3 letters of my last name and the the first 4 letters of her last name. We have had several meetings, compiled several tasks lists that she has not honored, but that was it. I reserved the name with the Secretary of State as an limited liability corporation, so the documentation is in my name. I applied for the Tax ID number - again my name. The website is set up under my name and I have been paying for a year. We have no documentation showing we are partners. She has been VERY slack with assisting me in this endeavor, but when I told her that I wanted to move forward..she said that I could not do it without her since it is a combination of both of our names. I have all of my receipts where I have paid for the product, I also have receipts where I paid the registration and the website fees in addition to the tax id number. Does she have any legals rights to the business although her full legal name is attached absolutely nowhere? Her last name is Davis, and we used ''Davi'' in the name. In addition, I have also purchased a prestige license plate with the name of the business on it. Please advise.


Asked on 11/20/08, 5:32 pm

1 Answer from Attorneys
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Is this considered partnership?

It sounds like you tried to form an LLC (limited liability company), but failed to properly set it up. So, the default position would probably be a partnership. No documentation or agreement is necessary and, unfortunately, partnerships have no liability protection. You would have been much better off with the LLC had you properly formed it. The issue of your name being on documents and what business name you used has little bearing.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

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Answered on 11/20/08, 6:14 pm


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