Business Attorney in Duluth, GA

Non-U.S. citizens and non-residents can own and operate Georgia LLCs and corporations, but there are specific considerations. Nonresident aliens cannot be S corporation shareholders, so an LLC or C corporation is usually the right choice. A foreign-owned single-member LLC has its own IRS reporting requirements, and partnerships with foreign partners can have tax withholding obligations. Operating agreements for businesses with international owners should also address what happens if an owner's immigration status changes or the owner leaves the country. We work with Duluth's international business community on all of these issues.

Buford Highway landlords are often sophisticated commercial real estate operators. Critical terms to negotiate: personal guarantee scope (whether you are personally liable for the full lease term or a shorter period), permitted use definitions (whether your specific type of business is expressly permitted), exclusivity provisions (preventing the landlord from renting to a direct competitor in the same center), assignment and sublease rights (your ability to transfer the lease if you sell the business), and renewal option terms. Landlords start with leases that favor the landlord, and negotiating before you sign can save tens of thousands of dollars over the term.

Without a written operating agreement, your LLC is governed by the default rules of the Georgia Limited Liability Company Act, which rarely match what the partners intended. The defaults require unanimous consent for certain fundamental changes and provide no buyout process, which can leave a two-owner company deadlocked. Worse, each partner may have a different understanding of ownership percentages, value, and exit terms, with no document to settle the disagreement short of litigation. We regularly help Duluth business partners document their existing arrangement in a proper operating agreement before a dispute forces the issue.

Business succession to family members is a multi-step legal and financial process. The legal component involves: a formal business valuation, a transfer structure (outright gift, sale on installment, or gradual transfer through equity grants), tax planning to minimize gift and estate tax on the transfer, and an updated operating agreement that reflects the new ownership and governance structure. If your children will run the business, you also need employment agreements or management agreements that define their compensation and authority during the transition period. The succession plan must also be consistent with your personal estate plan. We handle business succession as a practice area, not a one-off transaction.