Ready to form a corporation in Georgia? Find the forms you’ll need to start your business, information about naming requirements, details about filing fees, and more.
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by Jane Haskins, Esq.
Jane has written hundreds of articles aimed at educating the public about the legal system, especially the legal aspe...
Updated on: November 28, 2023 · 5 min read
A corporation is a limited liability entity, which means that shareholders of a corporation are not personally responsible for the corporation’s financial or legal obligations. Many people form corporations because of this as well as possible tax benefits.
To form a Georgia corporation, you must file articles of incorporation with the Secretary of State and pay a filing fee. Your corporation will exist as soon as you have filed the articles unless your articles specify a later date. Articles of incorporation may contain many optional provisions, but they must include the following:
A corporation can have different types of stock, called classes or series. These types of stocks can have different advantages. For example, one can offer voting rights while another may not. In regards to shares, the articles of incorporation must meet the following requirements:
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Before filing articles of incorporation, you should make sure your proposed corporation name is available either through the Secretary of State’s website or an online entity name check service.
You can reserve a name for 30 days by submitting a name reservation request to the Secretary of State. A 30-day extension is also available.
When choosing your corporation name, keep in mind the following requirements:
Incorporators are responsible for signing and filing the articles of incorporation. Their names and addresses must be listed in the articles.
The following requirements apply when specifying incorporators:
Corporate directors are responsible for setting corporate policies and strategies and managing the affairs of the corporation. Directors are fiduciaries, which means they must act in good faith, exercise good business judgment, and place the interests of the corporation and its shareholders ahead of their own personal interests.
You must adhere to the following guidelines when specifying your corporation’s directors, although your bylaws may include additional qualifications:
A registered agent is a person or entity that receives official correspondence or documents on behalf of the corporation and alerts the appropriate corporate personnel. A registered office is a place where the registered agent is personally located.
When specifying a registered agent for your corporation, you must adhere to the following guidelines:
Unlike many states, Georgia does not require you to state the purpose of your corporation. All Georgia corporations have the purpose of engaging in any lawful business.
Bylaws outline a corporation’s internal rules and operating procedures. They may also contain provisions for managing the business and regulating the affairs of the corporation. Usually, bylaws include such provisions as the number of officers and directors, the way officers and directors are chosen, and the way directors’ and shareholders’ meetings are called and conducted.
Your corporation’s bylaws must adhere to the following requirements:
The Georgia Secretary of State requires a fee when filing articles of incorporation or reserving a corporation name. There is also a fee, paid to the newspaper, to have your incorporation notice printed. Corporations are also required to pay state and federal income taxes.
Ready to start a corporation online in Georgia? LegalZoom can help you form a corporation in Georgia, including providing a registered agent in Georgia.
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