Legislative updates

Case summaries

Business License
Saks Mgmt. & Assocs. v. Sung General Contracting, Inc., A20A1085, decided August 21, 2020. The Georgia Court of Appeals ruled that a property owner that entered into a construction contract with a corporate general contractor was entitled to summary judgment on the contractor’s counterclaims because the contractor did not have a valid license at the time of entering into the contract.
Doing Business Without a License
LFR Investments LLC v. Van Sant, A20A0142, decided May 1, 2020. The Georgia Court of Appeals held that an LLC that did not have a license to build houses could not enforce a contract to build the defendant’s house. Although its sole member held a license he did not hold it as an agent of the LLC and thus his license could not be imputed to the LLC.

State notices

January 24, 2020 — The Secretary of State issued an alert to Georgia’s business community about what it calls misleading mailers regarding that ordering of a certificate of existence.
December, 2019 — Georgia’s Secretary of State’s Office has announced that as a part of its continuing anti-fraud and cyber security effort, it is implementing identity proofing services. This identity proofing, known as Experian identity verification, will be used to verify the identity of online filers in connection with certain online filings made through eCorp, the Corporation Division’s online services website. For those online filings requiring Experian identity verification, an online filer will be directed to an Experian webpage where they will enter identifying information and will then be presented with 5 questions designed to confirm the identity of that filer. If the filer answers these questions correctly, they will be able to complete their online filing.