Incorporating in Georgia requires you understand the basics of Georgia corporation and partnership law. The structure of your corporation will be instrumental in the success of your business. It will affect your tax treatment, filing requirements, funding potential and liability obligations.
The ownership plans for your business entity will help determine how to incorporate in Georgia. A traditional corporation is useful to raise money with investors. Georgia corporate law requires complex ongoing paperwork, and will tax your business income on corporate and shareholder levels.
Registration under Georgia LLC laws is less complicated. Taxation occurs only on one level, the structure is simple and requires only two people to incorporate. Under Georgia partnership law, a partnership is appropriate for business ventures that have a limited time frame or a small number of people involved. Taxation benefits are similar to a Georgia LLC, in that there is no double taxation. The drawbacks include increased exposure to liability for the actions of the partnership.
The options available under Georgia corporate law are:
1. A business corporation.
2. A limited liability company under Georgia LLC law.
3. A professional corporation (PC).
4. A limited partnership (LP).
Action Steps
The best contacts and resources to help you get it done
Make Georgia corporation and partnership law work for you
The decision as to whether you form a corporation or partnership depends on your long-term goals for the business. Ownership is easier to divide in a corporation, while partnerships are not well suited for growth or sale, and do not offer stocks. Taxation is different for both types of entities. And, finally, Georgia corporation registration, including Georgia partnership law, requires varying filing of paperwork and fees.
I recommend: FindLaw will guide you through picking the entity structure that works for you. If you need further advice, look for a site such as
lawyers.com to find a Georgia attorney.
Make your Georgia incorporation a reality
Begin by choosing a business entity name which satisfies Georgia corporation law. Georgia corporate law requires filing certain forms, as well as submitting fees. The filing may include articles of incorporation, or, for Georgia LLC registration, articles of organization. Fees will vary depending on the structure. File online for the most expedited service.
I recommend: Conduct a corporation search through the
Secretary of the State's Corporation Division search engine to find a name that has not already been incorporated. Find the appropriate business entity form and file electronically at the
Corporation Division filing page. Confirm the fee required by checking the
Corporation Division fee schedule.
Know the details of Georgia corporation law and Georgia LLC law
You must abide by all Georgia rules and regulations with regard to Georgia incorporation, so review the related statutes carefully.
I recommend: Review
Title 14 of the Georgia Code-Corporation and Partnerships to understand your obligations when incorporating in Georgia. Visit the
Georgia Department of Revenue to understand your obligation in regard to corporate taxes once you have incorporated.
Tips & Tactics
Helpful advice for making the most of this Guide
- Remember that once you have filed for incorporation in Georgia, your job is not done. GA incorporation requires annual filing requirements and fees to keep your business entity in good standing under Georgia corporate and Georgia LLC law.
The official source of Georgia Corporation and Partnership Law is
the Georgia Corporation and Partnership Law page at Business.com
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