With our 5-step method, forming a company in Georgia is simple. A company may be formed by submitting formation paperwork with your state and forming a board of directors.
We’ll teach you how to form your own company in Georgia.
In Georgia, it is simple to form a corporation.
Table of Contents
To get started, follow the steps in our How to Start a Corporation in Georgia tutorial below:
Step 1: Give Your Georgia Corporation a Name
Step 2: Select a Registered Agent.
Hold an Organizational Meeting in Step 3
Step 4: Submit your Articles of Incorporation.
Step 5: Submit a Certificate of Incorporation.
Step 6: Obtain an EIN
Step 1: Give Your Georgia Corporation a Name
The first step in forming a company is to choose a business name. You must choose a distinct name that conforms with Georgia corporate naming regulations.
1. Georgia naming conventions:
Your name must include one of the following words or abbreviations: corporation, incorporated, company, limited, corp., inc., co., ltd., or similar words or abbreviations in another language.
Your name must be distinct from that of all other organisations registered with the Georgia Secretary of State.
Your name cannot include wording hinting that the company was formed for an illegal or unstated purpose; it also cannot contain anything that the Secretary of State deems vulgar.
Your name cannot include more than 80 characters.
To use the phrases insurance, assurance, surety, fidelity, reinsurance, reassurance, or indemnity, you must get permission from the Georgia Office of Insurance and Safety Fire Commissioner.
The following terms need permission from the Georgia Department of Banking and Finance: bank, banc, banque, banker, banking company, banking house, bancorp, bankruptcy, credit union, savings & loan, trust, or trust firm.
To use the terms “college” or “university,” you must first get permission from the Georgia Nonpublic Postsecondary Education Commission.
More information on corporate name standards may be found on the Georgia Secretary of State’s website. For further information, see the Georgia state legislation on corporate names.
2. Is my business name accessible in Georgia?
Your Georgia company name must be distinct and distinct from existing Georgia business names. To see whether your selected company name is available, use the Georgia Secretary of State’s Business Search Portal.
3. Is the URL accessible?
Before forming your Georgia company, check to see whether an appropriate URL for your preferred business name is accessible. Even if you don’t intend to create a company website right immediately, we recommend purchasing a web domain right away to avoid other companies from obtaining it.
Step 2: Select a Registered Agent in Georgia.
When you file your company with the Secretary of State, you must designate a Georgia registered agent.
What exactly is a Registered Agent? A registered agent is a person or organisation chosen by an LLC or corporation to accept service of process, government communications, and compliance paperwork on behalf of a company.
Who Is Eligible to Be a Registered Agent? An person, a corporate organisation, or a professional registered agent service may serve as your registered agent. Any organisation or individual may act as your Georgia registered agent as long as the person:
is at least 18 years old
has a physical address in the state where business is done
is accessible during regular business hours (in person).
Step 3 Hold an Organizational Meeting
Before filing the Articles of Incorporation formally in Step 4, you must conduct an organisational meeting to perform the following tasks:
Complete and sign the Articles of Incorporation.
Establish and approve bylaws
Choose your first director (s)
Determine your ownership structure.
Fill out an Incorporator’s Statement.
Establish and Approve Corporate Bylaws
Bylaws are the rules that regulate and control how your organisation is governed and operated. Consider the bylaws to be your corporation’s constitution. It clarifies the norms and priorities for all parties involved.
The bylaws of a company will augment any regulations established by the federal government or the state.
Include the following in your bylaws:
The governance of the company, including the roles of directors and officials
Meeting processes, voting procedures, and the election of executives or directors
How will records be preserved and managed?
How will disagreements be resolved?
How will bylaws be added/modified in the future?
The annual shareholder meeting date
Contract Negotiation Techniques
Fiduciary responsibilities to the company (i.e. acting in the best interests of the corporation)
What is a quorum for voting purposes?
What exactly is a quorum? A quorum is the minimal number of members who must be present at a meeting in order for the meeting’s actions, including any votes, to be legitimate.
Appoint the First Directors
At least one director must be appointed to monitor your Georgia company until the first shareholder meeting.
A corporate director is in charge of operational bylaw adoption, modification, and repeal, as well as the election, monitoring, and removal of officers.
Following the incorporation of the company, the incorporator(s) — or initial director(s), if listed on the formation papers — shall convene an organisational meeting. During this inaugural meeting, either the incorporator(s) or the initial director(s) will elect the board of directors.
Selecting a Share Structure and Strategy
A share of stock is a corporation’s unit of ownership. Each share of stock reflects a proportion of the company’s ownership. If a business issues one share of stock, the shareholder (stock owner) owns 100% of the corporation.
Shares may be divided into classes. Each class, known as a share class, has unique rights and advantages. There may be several classes, and each class can have an unlimited number of shares.
Because Georgia businesses must write their own Articles of Incorporation, you must specify whether your company will issue more than one approved share class or series.
NOTE: We suggest that you begin with a large number of authorised shares. Many lawyers advocate for a million dollars. Starting with a large number allows you to issue shares as required without incurring legal expenses to enhance your original permitted share size.
Make and implement an Incorporator’s Statement
The incorporator(s) shall sign and preserve an Incorporator’s Statement with the full names and addresses of all initial directors in the corporate records book.
This document identifies the first director(s) who will serve until the board of directors is chosen at the first shareholder meeting. It should be kept with the rest of your company’s records.
Step 4: Submit your Georgia Articles of Incorporation.
To form a company in Georgia, you must submit the Georgia Articles of Incorporation. The Articles of Incorporation are the legal documents that establish your Georgia company. You may submit it with the Georgia Secretary of State’s Office online, via mail, or in person. The filing cost is $100 for online files and $110 for filings by mail or in person.
Georgia does not have a fillable Articles of Incorporation form. You will have to create them yourself. This paper will address the fundamentals of your company, such as:
Name of the company and its primary address
Name and street address of the corporate registered agent
The number of authorised shares that a company may issue.
Name(s) and address of incorporator(s) (es)
Because Georgia businesses must write their own Articles of Incorporation, you must specify whether your company will issue more than one approved share class or series.
Step 5: Submit a Certificate of Incorporation.
All Georgia companies must publish a Notice of Intent to Incorporate in a newspaper of record in the county where the corporation’s first registered office will be located. The Notice of Intent to Incorporate must be published in the newspaper no later than the following business day after the Articles of Incorporation are filed with the Secretary of State. The cost for filing is $40.
Get an EIN for Your Georgia Corporation in Step 6
What exactly is an EIN? The federal government uses an Employer Identification Number (EIN) or Federal Tax Identification Number (FTIN) to identify a company organisation. It is effectively the company’s social security number.
Why do I need an EIN? An EIN is necessary for the following activities:
To establish a commercial bank account for the firm
In terms of federal and state taxation
To recruit workers for the firm
How can I get an EIN? After founding the firm, the business owner obtains an EIN from the IRS (free of charge). This may be done online or in the mail.