Have documents that are already prepared? Just skip ahead to step 3.
Step 1: Pick names and check availability.
Pick three corporate names in order of your preference. SunDoc Filings will check for availability of those names.
Step 2:Prepare your articles or upload them.
Simply use our online form to walk through the required information we’ll need.
Step 3:Choose your service level and your service options.
Choose from the a la carte options or select the appropriate filing package.
Rush Order: 24 - 48 Hours
Routine Order: 5 - 7 Business Days
Within an hour of receiving your order (in business hours), we’ll send you a confirmation by email.
Your filing is ready to go!
In the event that we receive your Georgia Articles of Incorporation by noon PST (Monday through Friday), your corporation will be submitted on the same day. In this situation, your submission date will be your file date. Other filings will mail in your documents to the state, which inevitably delays results (sometimes up to a month).
Your Responsibilities After You File:
- Employer Identification Number: If you prefer, we are able to obtain your EIN for your new company. Simply add this option to your order. Within 24 to 48 hours, we’ll obtain your EIN for you.
- Georgia Corporate Kit: You can order our kits on the corporate kit order page or at the time of filing. Each kit will include a binder, 20 Stock certificates, a seal embosser, and bylaws and meeting minutes.
- File a Statement of Information: After your Articles of Incorporation are filed, the Secretary of State needs you to file a Statement of Information.
Optional services that can be added when you submit your order:
- Additional Certified Copies of Articles: These may be required for banks, professional licensing requirements, or loans.
- Certificate of Good Standing: Additional copies may be necessary if you’re going to register or qualify in other states.
The SunDoc Filings Advantage
- We have filed thousands of documents since 1999
- All filings received by 12 p.m. PST are submitted same day
- Most filing companies mail in your filings
Georgia Corporate Formation Guidelines
CORPORATE NAME The corporate name must contain "corporation," "incorporated," "company," "limited," "corp.," "inc.," "co." or "ltd.," or words or abbreviations of like import in another language. A corporate name found to be available may be reserved with the Secretary of State for a nonrenewable 30 day period for a filing fee of $25 ($100 Expedited Filing Fee if desired).
PURPOSES CLAUSE Georgia Statutes state all corporations are authorized to transact any and all lawful business for which corporations may be incorporated pursuant to the provisions of the Georgia Business Corporation Code unless limited by the Articles of Incorporation.
AUTHORIZED SHARES AND MINIMUM PAID IN CAPITAL There is no minimum or maximum number of authorized shares since state incorporation fees are not based on the share structure. To commence business, there is no minimum amount of paid in capital required.
PREEMPTIVE RIGHTS Preemptive rights are denied in absence of a specific grant.
CUMULATIVE VOTING Cumulative voting is automatically denied unless specifically granted.
REGISTERED AGENT AND REGISTERED OFFICE The corporation must maintain a registered agent and office to receive service of process in Georgia.
DIRECTORS The minimum number of directors is one (1). The articles of incorporation may contain, within the limitations prescribed by the Georgia Business Corporation Code, a provision eliminating or limiting the personal liability of a director to the corporation or its stockholders for monetary damages for the breach of fiduciary duty as a director.
INCORPORATOR Minimum number of incorporators is one (1) (a person -person means an individual or an entity) and there is no requirement that the incorporator be a resident of Georgia.
FILING PROCEDURES Submit to the Secretary of State two (2) executed copies of the Articles of Incorporation along with the one (1) executed copy of the Transmittal Information form for Georgia Profit or Nonprofit Corporations. A Request for Publication must be "delivered" to the "publisher of a newspaper (no later than the next business day after filing the Articles of Incorporation) which is the official organ of the county where the initial registered office of the corporation is to be located or which is a newspaper of general circulation published within such county whose most recently published annual statement of ownership and circulation reflects a minimum of 60 percent paid circulation. The Initial Annual Registration is due within 90 days of the date of incorporation. If the Articles of Incorporation are filed after October 1, the Initial Annual Registration is due between January 1 and April 1 of the next succeeding calendar year. File Georgia Corporation Net-Worth/Income Tax Returns (Form 600) with Georgia Department of Revenue by 15th day of 3rd month after incorporation.
SCHEDULE OF OFFICIAL STATE DISBURSEMENTS AND FEES
Secretary of State
$100 (add $100, if expedited service is required) filing fee for Articles of Incorporation
$30 filing fee for the Initial Annual Registration ( see Filing Procedures for due date)
Newspaper in County Where Registered Office is Located
Make check payable to publisher
$40 for publication of Notice of Intent to Incorporate
Department of Revenue
Make check payable to Department of Revenue
$10 minimum tax on filing initial Georgia Net Worth/Income Tax form
Frequently Asked Questions – Georgia Corporate
Why would you form a Georgia Corporation?
You could form a Georgia corporation for a number of reasons.
First, it’s easier for corporations to prepare retirement funds, set up insurance, profit-share, design pensions, and prepare stock option plans.
Next, there is what’s called “the corporate veil.” This offers limited liability to the shareholders or owners so that they don’t have to be liable for debts and obligations that the corporation could have. They’ll only lose if they have personally invested in the company. Your Georgia corporation will be a legal, independent entity, so this means that the corporation has what’s called “continuous existence.” In other words, it won’t cease existing when a shareholder passes away or retires.
Finally, ownership in a Georgia corporation means it’s easier to transfer than it is for other business types. Typically, you can sell shares of stock to a third party without restriction and without having to get consent from the corporation itself.
How does one form a Georgia Corporation?
To form a Georgia corporation, we start by checking for corporate name availability at the Georgia Secretary of State. Second, we will get your Georgia Articles of Incorporation ready to go. We will then file with the Secretary of State of Georgia. And finally, once the Georgia Secretary of State files your Articles of Incorporation, we’ll send the document to your new company.
Why should you choose SunDoc Filings?
In order to form a corporation or subchapter S corporation in Georgia, you have to file the Georgia Articles of Incorporation with Secretary of State of Georgia.
We’ve been forming Georgia corporations since 1999, so we know all the state’s requirements so that we can handle your formation efficiently and professionally. We’ll make the entire process painless and easy for you by preparing and filing your Articles of Incorporation with the Secretary of State of Georgia for you.
What are the advantages of a C Corporation in Georgia?
If you plan on publicly trading the corporation's stock, it’s possible you’ll form a Georgia C corporation. Unlike other S corporations, a C corporation allows you to have more than 75 shareholders. Additionally, you can have different classes of stock — such as preferred and common shares.
Georgia C corporations are double-taxed. This is because both the individual owner and the corporate entity need to file tax returns on their own. By contrast, a Georgia S corporation can only be owned by individuals that are citizens of the U.S. or registered aliens. They can also only issue one kind of stock.
How do I form a Georgia S Corporation?
All Georgia S corporations begin as C corporations. To form a Georgia S corporation, you will need to file for subchapter S status with the Internal Revenue Service or IRS.
It’s important to note that forming a Georgia S corporation will eliminate double taxation, which means that the corporation is taxed like an LLC or partnership, which have pass-through tax structures. Ask an accountant or the Internal Revenue Service about possible limitations. By obtaining S corporation status in your state, your corporation won’t generally need to file a tax return. Shareholders will need to include their share of the corporation's separately stated items of deduction, credit, income, loss, and their share of non-separately stated income or loss on their tax return.
How do I obtain a Tax Payer ID number for a Georgia Corporation? How do I get an EIN or Employee Identification Number?
When we form a Georgia corporation on your behalf, we can easily obtain an employer identification number (EIN) for your Georgia corporation. An EIN is needed in order to get a line of credit, hire employees, and open bank accounts. If you buy our Georgia premium package, EIN obtainment will be included for your corporation.
How can I obtain or prepare corporate bylaws for my Georgia Corporation?
By purchasing our premium package, SunDoc Filings will prepare the initial bylaws — in standard language — for your Georgia corporation. This will include meeting minutes — in Microsoft Word format.
What are corporate bylaws, and why are they so essential?
Corporate bylaws act as a blueprint for your corporation. They create rules that decide how your Georgia corporation will be run — how it will open bank accounts, take out loans, issue stock certificates to its shareholders, write checks, enter into contracts, and obtain credit. The bylaws contain the rights, privileges, and powers of the officers, directors, and shareholders.
The bylaws will also often have a list containing:
- Officers for the following titles: president, VP, treasurer or CFO, and secretary
- The number and names of directors
- A list of the shareholders’ names in alphabetical order
- Shareholders’ addresses
- Shareholders’ titles held with the Georgia corporation
- The amount of shares each shareholder owns
What is a Georgia corporate seal?
Many lending institutes and banks will require all Georgia corporations to have and use a corporation seal on all business documents and loan papers.
After your Georgia corporation prepares its bylaws — or has SunDoc Filings prepare its bylaws — the corporation will want to have a corporate seal. This is a handheld device that imprints any paper with your corporation’s name, the formation state, and the date the corporation was formed. All Georgia corporation kits that we offer have a handheld corporate seal embosser included in them.
What is a Georgia corporate kit?
A corporate kit for your Georgia corporation is generally a personalized, hardbound binder. This binder contains all of the Georgia corporation's most important documents. These documents include your Georgia Articles of Incorporation and your bylaws. Your corporation's new name will be hot stamped onto the binder spine. Most of the corporation kits come with a slipcase as well. This keeps the binder safe. Some kits are created with a built-in slipcase.
Another essential part of a corporate kit are the 20 stock certificates. All of the Georgia corporate kits that SunDoc Filings sells contain these certificates. Each certificate has:
- The corporation’s name
- The amount of shares
- The par value the corporation is authorized to issue
- Titles of president and secretary below the signature lines
Already formed your corporation? You can order an Georgia corporate kit by placing the order individually at our Corporate/LLC Kit order page.
Lastly, now that you’ve formed your corporation, received your EIN with the IRS, decided whether to be an S or C corporation, prepared your bylaws and issued shares of stock, and utilized your embosser, it’s finally time to verify which local, city and county business licenses your business will need in your local area.
You’ll want to check out your city and county requirements for all types of business licensing. If you decide to operate your new corporation from your Georgia home, you’ll want to double check with your county or city to see if a home permit is necessary. It’s time to start operating your Georgia corporation once all of the licensing requirements in your city and county are met!