How to Form a Georgia Corporation

Step 5: Hold an organizational meeting and adopt bylaws

After incorporation, you’ll need to elect a board of directors and hold an organizational meeting to do the following: 

• Adopt bylaws
• Elect directors
• Appoint officers (at least one)
• Authorize issuing stock 
• Adopt corporate resolutions
• Authorize corporate bank accounts

Corporate bylaws outline the internal rules and procedures for operating your corporation. While bylaws are not filed with the Secretary of State, they must be adopted after incorporation.

These are some common provisions to consider: 

• Number of directors and officers
• Duties and responsibilities of directors and officers
• Procedures for shareholder meetings
• Voting procedures and quorum requirements
• Stock transfer restrictions
• Amendment procedures
• Indemnification provisions

Step 6: Obtain state and federal tax IDs

Next, you’ll need to apply for an employer identification number (EIN). An EIN is a federal tax ID that your corporation requires in order to file federal taxes. It's also necessary for opening a business bank account, hiring employees, and obtaining certain licenses and permits.

You can apply for free online through the Internal Revenue Service (IRS) or have LegalZoom handle it for you. 

Once you have your EIN, you can register with the Department of Revenue. This is a mandatory step for most corporations to sign up for the following taxes:

• Corporate income tax: 5.19%
• Sales and use tax: 4% state rate, county rates vary
• Withholding tax: For employers

These are just the most common, but certain professions or business activities will require you to sign up for additional taxes—a CPA or tax advisor can help you know for sure. You’ll receive an email with your state tax ID number after you sign up. Keep this information safe. You’ll need it to log in and file your business taxes.

Step 7: Open a corporate bank account

This step is helpful to maintain your limited liability status and protect your personal assets. A separate business bank account will also help ensure your business keeps proper financial records.

Here’s what you’ll generally need:

• Certificate of incorporation
• EIN
• Corporate bylaws
• Board resolution authorizing account opening
• Identification for authorized signers

Step 8: File initial annual registration

Don’t skip this step! Georgia corporations must file an initial registration within 90 days of incorporation and then annually thereafter. The initial registration requires information about the corporation's officers and registered agent and includes a $60 filing fee. You can file this report online or by mail as well. 

Georgia annual registration and ongoing compliance

In addition to keeping up with taxes and licenses, Georgia corporations need to file an annual registration to maintain compliance with the state. The purpose of this report is to update the SOS on your business’ basic information, such as officer, registered agent, and mailing information.

Annual registrations are due anywhere between January 1 and April 1. File with the Secretary of State either online or by mail and pay a $60 filling fee. 

Start your Georgia corporation with LegalZoom

There's a reason more than four million businesses have chosen LegalZoom to help them get off the ground. Our incorporation service can take care of everything you need to form your Georgia corporation.

Here are some of the perks:

• Streamlined process. LegalZoom combines technology and experience to take the guesswork (and paperwork) out of business formation. Our online process can help you start your corporation in minutes.
• Expert support. All of our corporation formation packages include a meeting with a small business specialist and a consultation from 1-800Accountant.
• A full suite of services. Beyond just incorporation services, LegalZoom supports all your business filing needs. We provide year-round compliance management, bookkeeping tools, dedicated business attorneys, registered agent services, and trademark registration.