Introduction
Filing articles of incorporation is an important step when starting a business in Georgia. It is a legal document that establishes your business as a separate legal entity. This article will guide you through the process of filing Georgia articles of incorporation, ensuring you have all the necessary information and understanding the requirements.
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Step 1: Name Your Business
Before filing the articles of incorporation, you must first select a unique name for your business in compliance with Georgia's naming rules. The name should not be confusingly similar to any existing business names and must include a corporate identifier such as "corporation," "incorporated," or an abbreviation like "Corp" or "Inc." You can check the availability of a name through the Georgia Secretary of State website.
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Step 2: Registered Agent
A registered agent is a person or entity responsible for receiving legal documents on behalf of your business. In Georgia, every corporation is required to have a registered agent with a physical address in the state. This agent will receive important legal notices, tax documents, and other official correspondence. You can appoint yourself, a trusted person, or use a professional registered agent service.
Step 3: Prepare the Georgia Articles of Incorporation Form
To file your articles of incorporation, you will need to complete the necessary paperwork. Georgia provides a standard form that must be submitted to the Secretary of State. The form requests information such as:
- Name of the corporation
- Registered agent and their address
- Mailing address of the corporation
- Name and address of the incorporator(s)
- Number of authorized shares
- Purpose of the corporation
Filling out this form accurately and completely is crucial, as any errors or omissions may cause delays or complications. Consider seeking legal advice or using online incorporation services to ensure accuracy.
Step 4: Submission and Filing Fee
Once the articles of incorporation form is completed, you must sign and date it before submitting it to the Georgia Secretary of State's office by mail or in person. The filing fee must also be paid at the time of submission. As of the writing of this article, the fee is $100. Always make sure to check the latest fee schedule on the Secretary of State's website, as it may change over time.
Step 5: Electronic or Paper Filing
Georgia allows businesses to file their articles of incorporation electronically through the Secretary of State's online portal. This is an efficient and convenient method that also provides immediate proof of filing. However, if you prefer traditional paper filing, you can still mail or deliver your documents in person.
Step 6: Wait for Confirmation
After submitting your articles of incorporation and paying the filing fee, you need to patiently wait for confirmation from the Secretary of State's office. The processing time can vary depending on the number of applications.
You can track the status of your filing through the Georgia Secretary of State's website using your assigned reference number. Once approved, you will receive a stamped and filed copy of your articles of incorporation along with a Certificate of Incorporation.
Step 7: Draft Corporate Bylaws
While not required to be filed with the Secretary of State, it's important to create corporate bylaws for your business. Bylaws establish rules and procedures for important corporate activities, such as directors' meetings, shareholder voting, and stock issuance. They serve as an internal governance guide for your corporation.
Consult an attorney or use online resources to draft comprehensive and legally binding corporate bylaws tailored to your specific needs.
Conclusion
Filing Georgia articles of incorporation is an essential step towards establishing your business as a legal entity. By following the outlined steps, you can ensure the process is smooth and compliant with all the state regulations. Taking the time to file accurately and understanding the requirements will lay a solid foundation for your business in Georgia.
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