Virtual Office Georgia LLC
Your Guide to Georgia Incorporation
Incorporate in Georgia
Planning to form a corporation in Georgia? To create your business, you’ll need to get a Georgia registered agent and then file Articles of Incorporation along with a Georgia Corporation Transmittal Information form with the Georgia Secretary of State.
On top of your incorporation filing, you also need to submit an Initial Annual Registration and publish a Notice of Intent to Incorporate in a local newspaper.
We can help you with the entire process. Get Incorporation Service and we’ll take care of your incorporation filing, including your Initial Annual Registration. We’ll also serve as your registered agent for a full year.
And if you need a professional business address in Atlanta that’s unique to your business, add Virtual Office service. You’ll get unlimited mail scanning for all your corporation’s mail and a business phone line with a GA area code.
Why Should I Start a Georgia Corporation?
Launch Your New Business Venture
Georgia Incorporation
$295
State Fee Included
- Articles of Incorporation filed with the GA SOS
- Complimentary use of our business address
- One year of Georgia Registered Agent Service
- Attorney-drafted Corporate Bylaws
- Annual Report Renewal Service enrollment
What are the advantages of forming a corporation in Georgia?
Get Liability Protection for Owners
When you form a corporation, you’re creating a legal entity that is separate from its owners. This separation allows owners to enjoy liability protection.
Liability protection means that if your business has major debt obligations, debt collectors cannot seize your personal assets to satisfy your corporation’s debts. This helps keep your personal bank accounts, property, vehicles, and so on, safe.
Establish a Professional Image
Corporations have been around for hundreds of years—longer than America has been a country.
Because corporations are a more established business structure, they’re often viewed as more professional and established in the eyes of both investors and clients, so starting a corporation can give your business an aura of legitimacy.
Attract Investors
In addition to being seen as more stable than an LLC by some investors, corporations have the advantage of being able to issue stock.
The ability to issue stock not only attracts investors and helps corporations raise capital more easily than LLCs, but also allows corporations to transfer ownership more easily and to give employees stock benefits as a perk.
Benefits of Incorporation Service
How We Support Your as Georgia Business Owner
Fast and Accurate Formation Filing
We file Articles of Incorporation and Transmittal Information Form quickly and correctly, so you don’t have to waste time figuring out what to do or refile if your forms are rejected. We’ll upload your paperwork and Certificate of Incorporation to your secure online portal for access anytime.
High-level Privacy Protection
By serving as your registered agent and providing you with complimentary use of our ATL business address, we keep your home address private. You can use our business address in all address fields on the Articles of Incorporation. Additionally, we never sell your data to third parties.
Resources + Compliance Support
This filing package includes enrollment in our Renewal Service for annual report filing to help keep your corporation in good standing with the state, year after year. You can also order Virtual Office or Mail Scanning Service for convenient mail management in Georgia.
How to Incorporate in Georgia
The Steps to Forming a Georgia Corporation
1. Choose an available name for your corporation
In the state of Georgia, you can’t form your corporation using a name that is already being used by another business in Georgia. So, you need to check and make sure that your desired business name is available before you file your incorporation paperwork. If you file using a name that isn’t available, your filing will be rejected.
How do I figure out if my corporation’s name is available?
Use Georgia Business Name Search database to check name availability.
It’s also a good idea to search for names similar to the one you want to use. Sometimes, even if you choose a unique name, it’s still too similar to an existing name, and your name will be rejected. Refer to Georgia’s name availability standards to help you determine if your name is too similar to an existing name and to figure out how to make your name distinguishable from other, similar business names.
Are there any naming rules for corporations in Georgia?
All corporations in Georgia must include an entity identifier such as “Corp,” “Incorporated,” or “Inc” as part of their name. So, instead of simply “Business Name,” your corporation needs to be called something like “Business Name Inc.”
Additionally, Georgia has a list of restricted name rules for certain words. For example, in order to use the word “university” in your corporation’s name, you need to get written approval from the Georgia Nonpublic Postsecondary Education Commission.
Can I reserve a name for my Georgia corporation?
You can reserve a name for up to 30 days in Georgia by filing a Name Reservation Request form with the Georgia Secretary of State ($35). This allows you to keep other businesses from potentially taking your desired name before you’re ready to file your incorporation documents.
Keep in mind that name reservations can’t be renewed, so you’ll need to get your incorporation documents filed within those 30 days if you want to keep your name secure. You can file online using the Georgia Corporations Division eCorp filing tool or print off a PDF version of the Name Reservation Request Form and mail it in.
Can I get a DBA in Georgia?
If you’re planning to do business under a name that isn’t your corporation’s legal business name, or maybe you want to do business under multiple business names, you can file to get a Georgia DBA (also known as a Trade Name).
Your DBA must adhere to Georgia business naming rules and must be filed with the Clerk of the Superior Court in the county where your business is located. Filing procedures and fees vary by county, but one constant is that you will need to publish a copy of your trade name registration in a local newspaper once a week for two consecutive weeks.
Contact your local clerk’s office to find out how to file in your county.
How do I get a website with the same name as my corporation?
To get a website with the same name as your corporation, you’ll need to get a domain name that is as similar to your business name as possible. A domain name is also known as a web address.
To buy a domain, you’ll need to go through a domain registrar. Usually, you’ll need to renew your domain each year.
Buying a domain doesn’t give you a website, just the web address, so you also need to buy web hosting services and hire someone to create a website for you. You can also go through a company that provides web hosting and website services to build a website for you or make your own website.
2. Designate a Georgia Registered Agent
Every corporation in Georgia is legally required to appoint and maintain a Georgia registered agent.
Your agent serves as the point of contact between your corporation and the state, and is responsible for receiving all legal and state documents from Georgia on behalf of your company.
Your registered agent’s name and street address need to be listed on your incorporation documents, so you should appoint your registered agent before you start working on your paperwork.
What are the duties of a registered agent?
Your registered agent is required to be available at their registered address every weekday during regular business hours so that if a process server arrives with a legal notice, your registered agent is on hand to receive it.
After receiving a legal or state document on behalf of your business, your registered agent is then responsible for making sure that you receive that document in a timely manner so that you can act on it if necessary.
Are there any restrictions on who can serve as my registered agent?
If your registered agent is an individual, they must be at least 18 years old. Your registered agent must also have a street address in the state of Georgia. PO boxes are not accepted as registered agent addresses.
Choosing Your Georgia Registered Agent
Review your options for registered agent in Georgia.
Can I act as my own registered agent?
You can act as your own registered agent. However, there are some significant downsides to serving as your own agent:
- Reduced privacy: The address that you list as your registered agent address will go on the public record and become available to anyone who looks up your business using the Georgia business search database. So, if you list your home address, acting as your own registered agent will cause your personal information to become accessible to anyone with the knowledge of how to find it.
- Limited flexibility: A registered agent is supposed to be available at their street address during normal business hours throughout the year. So if you need to travel for work, want to go on a vacation, or simply decide to run an errand across town, you’re putting yourself in danger of missing a critical document delivery from a process server. And then, if you end up receiving a notification too late to act on it as required, you may be faced with legal repercussions.
- Harm to your reputation: Getting served a lawsuit is never an enjoyable experience. However, being served in front of your neighbors, family members, or clients at home or at your office, can be highly embarrassing and possibly damaging to your public image.
Why Use a Registered Agent Service?
If you want to avoid the dangers of serving as your own registered agent, hire a registered agent service.
Using Virtual Office Georgia LLC as your registered agent, you can:
- Protect your privacy: List our name and address instead of yours in the registered agent field of your incorporation paperwork.
- Enjoy convenient document delivery: With us accepting legal documents, you can go out of town whenever you feel like it. And because we scan and upload documents to your secure online portal the same day they arrive, you can view them immediately, regardless of your work location.
- Uphold your professional image: Get discreet delivery of lawsuits and other legal documents by having them come to us instead of to the doorstep of your home or office.
3. Choose your principal business address
You’re required to list a principal office mailing address on your Transmittal Information Form. While it seems obvious that you just use the address of the place you work, it’s not always so simple.
There are a number of reasons you may need to use a business address service to get a professional business address in Georgia that includes mail management:
- you’re planning to set up a physical location, but haven’t yet, and still want a professional business address on your incorporation paperwork
- you work from home and don’t want to put your home address on your incorporation paperwork
- you don’t want your business mail going straight to your place of business because it’s inconvenient or not very secure
- you travel frequently and don’t want to lose any of your mail
It’s especially important to seriously consider using a business address service if you’re thinking of listing your home address as your business address on your incorporation documents.
Providing your home address on your incorporation paperwork means that it will become freely available to the public through the Georgia Business Search database. Disgruntled customers, scammers, and literally anyone else who searches for your business in the database can materialize at your door.
Here at Virtual Office Georgia LLC, we offer two different options if you need a Georgia business address for your corporation.
Get a Professional Business Address In Atlanta
We give you complimentary use of our general business address with Incorporation or Registered Agent Service. You can use this address as your principal office address, as the address of the person filing your paperwork, and as your officers’ addresses to keep your home addresses off the public record.
If you want an address that is specific to your business—plus unlimited mail scanning for your Georgia mail and a business phone number with a Georgia area code—order Virtual Office. You’ll get a business address with a unique suite number and a month-to-month lease for address verification if you need it.
A year of Registered Agent Service is included with our Incorporation Service.
Add Virtual Office Service to Incorporation Service for only $15 per month.
Add Virtual Office Service to your order at checkout.
4. File your incorporation documents
After deciding on your corporation’s name, choosing a registered agent, and deciding on your business address, you’re ready to complete the first step of the incorporation process with the state of Georgia: filing your Articles of Incorporation and your Transmittal Information Form.
You will need to draft your own Articles of Incorporation, but the Secretary of State’s Office does provide sample Articles of Incorporation in its Filing Procedures for Forming a Georgia Corporation document.
Once your paperwork is completed, there are two more steps to officially forming your Georgia Corporation, both of which are time-sensitive (we will cover these steps in the subsequent sections):
- No later than the next business day after filing this paperwork, you will need to send a Notice of Intent to Incorporate, along with the publication fee payment, to a Georgia newspaper.
- Within 90 days of filing your incorporation paperwork, you will need to file an Initial Annual Registration form with the Secretary of State.
What information do I need to fill out my incorporation documents?
To fill out your forms, you’ll need the following information:
- Name of your corporation or a valid name reservation number (if you reserved a name)
- Name and address of the person filing your application
- A valid email address
- Mailing address of your principal office
- Name and street address of your registered agent
- Name and address of each incorporator
- The number of authorized shares for your profit corporation OR whether or not your nonprofit corporation will have members
- Any additional provision you want to add to your Articles of Incorporation
- A form of payment (pay by credit card online or by check, cashier’s check, or money order by mail)
How much does it cost to file incorporation paperwork in Georgia?
The filing fee is $110 ($100 + a $10 service charge). Fees are non-refundable. However, there are additional fees for your Initial Annual Registration Filing and to publish your Notice of Intent to Incorporate.
How do I file my Georgia incorporation paperwork online?
Go to the Georgia Corporations Division eCorp filing system. You can pay by card.
How do I file my incorporation documents by mail?
Draft your Articles of Incorporation using the Filing Procedures for Forming a Georgia Corporation document. Print and fill out the Transmittal Form – Corporation (CD 227) form.
Send your completed documents along with check or money order to:
Office of the Secretary of State
Corporations Division
2 Martin Luther King Jr. Dr. SE
Suite 313, Floyd West Tower
Atlanta, Georgia 30334
How long does it take to get a corporation in Georgia?
Processing time depends on the Georgia Corporations Division’s office workload. Online filings are typically processed 10-14 business days after they have been received. Paper filings are usually processed about 15 business days after they have been received.
5. Publish your Notice of Intent to Incorporate
No later than a business day after filing your incorporation documents, you must forward a Notice of Intent to Incorporate and a publication fee payment directly to a Georgia newspaper. This notice must run once a week for two consecutive weeks.
The newspaper where you publish your Notice of Intent to Incorporate must be either the “legal organ” of your county or a newspaper with general circulation and for which 60% or more of its subscriptions are paid.
After your notice has run for two consecutive weeks, the publication will send you an affidavit. Make sure to file this affidavit with your records in case you need to verify your publication of your Notice of Intent at any point in the future.
What information needs to be in my Notice of Intent?
Basically, your notice must state that your corporation has delivered Articles of Incorporation to the Secretary of State in accordance with the Georgia Corporation Code. You must also publish the name and address of your initial registered agent. You can find a sample notice of incorporation on page six of the Filing Procedures for Forming a Georgia Corporation document.
How much does it cost to publish?
The publication fee is $40.
What is a “legal organ”?
“Legal organ” means that the newspaper publishes public notice advertisements and it’s been selected by the Judge of Probate Court, Sheriff, and Clerk of Superior Court as the newspaper of record for the county.
You can find the legal organ of your county on the Georgia Clerks Website (click on your county, and the legal organ will be listed on the county information page).
What happens if I don’t publish a Notice of Intent?
If you don’t publish a Notice of Intent, your corporation will still be formed. However, you won’t be in compliance with state law, and could be subject to financial penalties or other sanctions from the state.
6. Submit your Initial Annual Registration
Within 90 days of filing your Articles of Incorporation and Transmittal Information Form, you need to file an Initial Annual Registration listing your corporation’s three principal officers. If you form your corporation between October 2nd and December 31st, you have between January 1st and April 1st to file.
What information is required on the Initial Annual Registration?
To fill out your Initial Annual Registration, you’ll follow all the same rules that apply to your regular Annual Registration filing. The only difference is the due date.
What happens if you don’t file your Initial Annual Registration?
If you fail to file your Initial Annual Registration, your corporation is at risk of being administratively dissolved by the state. If your corporation gets administratively dissolved, you can reinstate it within 5 years of your incorporation filing, but you will need to pay a hefty $260 ($250 +$10 service charge) fee to do so.
7. Draft your corporate bylaws
Next, you need to write your corporate bylaws. Although corporate bylaws are legally required, you don’t need to file them with the state.
Your corporate bylaws are internal—the governing document of your corporation. Your bylaws describe your corporation’s organizational structure and contain your company’s rules and procedures.
Having robust bylaws for your corporation can help prevent upheaval during disputes and protect your corporation if you are taken to court.
What’s included in corporate bylaws?
Your corporate bylaws can be drafted specifically for your company. You can add any provisions you like as long as they don’t contradict Georgia law.
Here is a list of provisions commonly included in corporate bylaws:
- Identifying information about your corporation: company name and address, registered agent, and jurisdiction of formation
- Shareholder information: shareholder names and addresses, the initial contributions each shareholder made to become a shareholder (financial, intellectual, or otherwise), how those contributions translate into shares
- Information on your board of directors and officers: names and addresses, meeting schedule and rules, voting protocols, the titles and roles, duties and rights
- Information on buying and selling stock: how many classes of stock the corporation is issuing and the rights of each class, shareholder meeting schedule and rules, shareholder voting protocol
- Financial information: tax classification, company bank accounts and loans, rules for bookkeeping, and assets (investments, property, vehicles, interest in other companies, and so forth)
- Dispute resolution: procedures for handling disagreements between members or conflicts of interest
- Amendments: how to update or change your bylaws
- Merger or Dissolution: specific triggers for dissolution (for example, bankruptcy or losing good standing with the state), how company assets will be transferred or distributed among shareholders
Who creates and adopts the bylaws?
Your bylaw should be drafted and adopted by your incorporators at your initial meeting or shortly after that.
Georgia state law stipulates that your bylaws must be adopted before or at the same time you issue shares for your corporation.
Do incorporators need to sign the bylaws?
The bylaws do not need to be signed by all of your incorporators. However, your corporate bylaws are a legally binding contract, so it’s not a bad idea to have your incorporators sign them.
Can corporate bylaws be amended?
Bylaws can be amended. In fact, when drafting your bylaws, you should include a provision that lays out the procedure for making future amendments.
What happens if I don’t have corporate bylaws?
If you don’t have corporate bylaws, it will be difficult to run your corporation, and you’ll greatly reduce the amount of protection your corporation has in legal disputes.
Additionally, you’ll be in violation of state law. While the Secretary of State’s office doesn’t go around checking to see if companies have corporate bylaws, if you’re found not to have bylaws for any reason, you may be levied with financial penalties or sanctions from the state.
Get Attorney-Drafted Corporate Bylaws
With Incorporation Service
Many companies offering business formation service charge extra for a corporate bylaws template. We think that’s a rip-off.
When you order Incorporation Service with Virtual Office Georgia LLC, you get our attorney-drafted corporate bylaws template for free.
8. File your Annual Registration every year
All companies registered in Georgia are legally required to file an annual registration (the equivalent of an Annual Report) every year. The purpose of annual registration filings is to make sure that the state always has the most up-to-date information on file for your corporation. Submitting your annual registration on time is extremely important because you can face negative repercussions for missing the deadline.
Late or missing filings can result in your corporation facing the following penalties:
- $25 late fee if you file after the deadline
- Authority to do business in GA revoked by the SOS if you go more than 60 days past the deadline without filing your report
- $500 fine and/or additional sanctions if your authority to do business in GA is revoked and you continue to operate illegally within the state
In order to help your corporation avoid these penalties and remain in good standing with the state, we include enrollment in Renewal Service with Incorporation Service.
When is my Georgia Annual Registration due?
Annual registration filings are due by April 1st each year.
How much does it cost to file my Annual Registration?
For profit corporations, the filing fee is $60 ($50 + $10 service charge). For nonprofit corporations, the filing fee is $40 ($30 + $10 service charge). Fees are non-refundable.
What information do I need to fill out my Annual Registration?
You need the following information to complete your form:
- Name and control number of your Georgia corporation
- Name and street address of your registered agent
- Mailing address for your corporation’s principal office
- A valid email address
- The name and signature of the person filing the Annual Registration
What information can I update on my Annual Registration?
You can update the following information on your Annual Registration:
- Your registered agent name and address
- The mailing address of your corporation’s principal office
How do I file my Annual Registration?
Online: Go to the Georgia Corporations Division eCorp filing portal. You can pay by card.
By Mail: Download and print out your Annual Registration form.
After completing your form, send it plus check or money order to:
Office of the Secretary of State
Corporations Division
2 Martin Luther King Jr. Dr. SE
Suite 313, Floyd West Tower
Atlanta, Georgia 30334
Can I file my Annual Registration early?
You can file anytime between January 1st and April 1st.
Georgia also offers business owners a multi-year filing option, which allows you to file your Annual Registrations for up to three consecutive years at once.
What if I need to make a change after I file my Annual Registration?
If you need to make more updates after filing your annual registration, you can file an Amended Annual Registration form. Filing is available online and by mail, and the filing fee is $30.
How Our Georgia Incorporation Service Works
We Get You Ready to Start Doing Business
Find out how we support your business from the beginning, and every year after that.
Make incorporation in Georgia easy! We’ll serve as your local resident agent for a year and take care of your registration paperwork.
1
Sign up for service
After signing up for service, you’ll receive an email containing your registered agent information. We’ll need some basic information from you about your corporation so that we can prepare your incorporation documents. Then we’ll file your incorporation paperwork with the Secretary of State, including your Initial Annual Registration. Contact us if you’d also like us to take care of your publication requirement.
2
Do business with your corporation
Buckle down and get your business growing.
3
View documents in your portal
We’ll act as your Georgia registered agent for a year. Whenever a legal or state document is delivered on behalf of your business, we’ll scan it and upload it to your online portal the same day it arrives. You’ll be able to view your documents quickly and conveniently using your phone or computer.
4
Get easy Annual Report filing
As part of Incorporation Service, we include enrollment in our Renewal Service to help you avoid the penalties of late or missing annual registration filing.
Well before your annual registration is due, we’ll email you a report reminder and let you know that we’ll soon be filing on your behalf. Then we’ll file your Annual Registration, so you stay in compliance effortlessly.
Renewal Service is $100 plus the state filing fee, charged at filing. Cancel inside your online portal if you’d like to file your own report.
5
Renew Registered Agent Service
When our year of acting as your Georgia registered agent is almost up, we’ll send you an email notification, so you can renew and avoid lapses in your registered agent service.
What To Do After Starting Your Corporation
What are the Next Steps for Your Business?
After your corporation has been officially formed with the state, there are a few more things you need to do. Here are the basics.
1. Get an Employer Identification Number (EIN) from the IRS
All corporations are required to get an EIN from the IRS. An EIN is a nine-digit number that’s used to identify your business on federal tax filings.
The IRS does not charge a fee to get your number, and you can apply for your EIN online.
2. Open a business bank account
Getting a business bank account as soon as possible is important to make sure that all business and personal funds remain separate. If you ever end up in court, any chance that your finances haven’t been kept separate can put your limited liability status in danger of being invalidated.
When searching for a banking institution, look for:
- High interest rates (APY) for savings and checking
- Low interest rates (APR) for lines of credit
- Low minimum account balance and transaction fees
- Low or no monthly or annual fees
When you open your account, your bank may require your EIN, a copy of your Articles of Incorporation, personal identification, or other documents. Check with your bank for a complete list.
3. Obtain all required business licenses and permits
You don’t need a general business license to conduct business in Georgia. However, it’s possible that you may need a professional license or an industry-related permit depending on your field.
Professional licenses can be obtained and renewed through the Secretary of State’s Professional Licensing Boards Division. Some professions, including accountants, lawyers, and medical professionals, require licenses but are licensed through a state board rather than the Secretary of State. You can find links to some of these boards on the state’s Professional Licenses & Certifications site.
You may encounter additional licensing and permit requirements at the county, municipal, or state level. For example, if you own a bar, you’ll need to apply for an alcohol permit with the Department of Revenue. However, you may also be required to get a county or municipal alcohol license, as well. Check with your local county and city government to find out if there are additional licenses you may need.
4. Register for taxes
If your corporation sells tangible goods or services, you’ll be required to collect and pay sales and use tax in Georgia. Depending on your corporation’s assets and activities, you also may need to pay other taxes, such as property tax if your corporation owns property, or withholding tax if you have employees. Consult with a tax professional to discover exactly what your tax burden will be in Georgia.
5. Insure your business
Most businesses benefit from purchasing general liability insurance. However, if your business is engaged in any high-risk activities, you may need to get specialized insurance.
Additionally, you’ll have to register for unemployment insurance with the Department of Labor if you have employees.
Add Virtual Office checkout.
Frequently Asked Questions
Learn more about Georgia incorporation.
How much does it cost to register a corporation in Georgia?
The filing fee to submit Articles of Incorporation and your Transmittal Information Form is $110. You’ll also need to pay a $60 fee to file your Initial Annual Registration filing, plus a $40 publishing fee for your Notice of Intent to Incorporate. In all, that’s a total of $210 in fees.
Do I need a business license for my Georgia corporation?
Georgia does not have a general business license, so you won’t need to get a business license just to operate your corporation. However, it’s possible that you’ll need a professional or industry-related license or permit depending on the type of work you do.
Do I need to file an Annual Registration for my corporation?
All corporations are required to file an annual registration each year online or by mail. The filing fee is $60 for profit corporations and $40 for nonprofit corporations.
Late or missing filings can result in penalties, such as a $25 late filing fee or even having your corporation administratively dissolved by the state if you go more than 60 days past the deadline without filing.
What is Renewal Service, and how does it work?
Renewal Service enrollment is included with Incorporation Service to help prevent your corporation from suffering negative repercussions due to late or missing Annual Registration filings.
Several months before your Annual Registration is due, we’ll send you an email notification to remind you of the filing and let you know that we’ll be filing on your behalf soon. We then file your report, so you stay in compliance without giving it a second thought.
Renewal Service is $100 plus the state filing fee, charged at filing. Cancel in your online portal if you prefer to file your own report.
What kind of taxes does a corporation pay in Georgia?
The state of Georgia collects a 5.19% corporate income tax. Your corporation may also need to collect and pay sales and use tax if your company sells tangible goods or services. Depending on your industry, whether or not you have employees, and if your corporation owns property, you may be on the hook for additional state taxes as well. Consult a tax professional to get the full picture on your tax responsibility in Georgia.
Can I use a virtual office address for my Georgia corporation?
You are allowed to use a virtual office address as your principal office mailing address on your Georgia incorporation paperwork.
Don’t see your question?
Give us a call at (678) 996-1313 or drop a line:
Learn more about our services
Discover all we have to offer:
