Georgia Corporation Form and Filing Rules
When you’re forming a Georgia S Corporation or C Corporation, you will need to file certain forms and pay certain fees. Requirements can come from various bodies including the federal government, the GA Secretary of State and elsewhere.
We’ve detailed many of the forms and requirements for your Georgia corporation below. Note that some of these are one-off activities, and others will need to be completed periodically. We provide a paid service to take care of certain filings and forms for your Georgia corporation. Alternatively, you can choose to file these requirements yourself — make sure that you set calendar reminders.
Form Your Business with the Articles of Incorporation
The Articles of Incorporation document is the formal paperwork that you file with the Georgia Secretary of State to create your corporation. Once the Articles of Incorporation document is filed with the GA Secretary of State, your business is legally formed as a Georgia corporation.
The Articles of Incorporation typically includes:
- The corporation’s name
- The corporation’s mailing address and street address
- The corporation's Registered Agent and their address
- The corporation’s capital structure (number of shares to be issued, who owns them, pricing, etc.)
- The name and address of the incorporator
When you start your business with us, we gather together all the information we need to create your Articles of Incorporation. We then file that with the Georgia Secretary of State on your behalf.
Get the Right Permits and Licenses for Your Georgia S Corp or C Corp
Depending on the type of Georgia corporation you’re running, you will need to obtain various business licenses and permits. These are not required to form your GA corporation, but you must have them to legally carry out business. It’s vital to understand the permits and licenses required for your business to operate in compliance in your jurisdiction.
A Local Business Permit or License From Your City
Various cities in Georgia have slightly different rules and fees for permits and licenses for corporations. Check with your local Georgia city administration to see what their rules are. You will need a separate permit or license for each city your Georgia corporation operates in.
County and State Business Permits and Licenses
Depending on the type of business you are running, you may need to get additional permits and licenses from the county or state of Georgia. You can get an idea of the types of permits and licenses your S Corporation or C Corporation might need from the State of Georgia website.
Federal Licenses and Permits
Some corporations will need to get licenses and permits from the federal government and various national agencies. You can find a complete list on the U.S. Small Business Administration website.
Georgia Corporation Publication Requirement
All Georgia corporations must publish a notice of intent to incorporate in a newspaper that is the official legal organ of the county where the initial registered office of the corporation is to be located. The notice should be published once a week for two consecutive weeks, and it should contain the name of the corporation, the name of the Registered Agent and the address of the registered office in Georgia.
Incfile Business License Research Package for Your Georgia Corporation
Because permits vary widely depending on the type of Georgia corporation you are operating and where you are located, we provide a comprehensive Business License Research Package. It’s designed to tell you all of the licenses and permits necessary for your new corporation. It includes:
- A comprehensive package of all the licenses, permits and tax registrations required for your business
- The application forms to file with the appropriate licensing authorities
Your customized Business License Research Package will be emailed to you within two days of your Georgia Corporation being formed by the Georgia Secretary of State.Get the Incfile License Research Package
Special Georgia Corporation Requirements
Because you’re forming a corporation, there are certain other legal, regulatory and compliance areas you need to meet.
Your Georgia Corporation Must Have Certain Bylaws
Bylaws are the formal, internal rules that your Georgia corporation must follow to stay active. You will need to create and agree to bylaws in certain areas.
- Defining your Georgia registered office and GA Registered Agent
- Stating details of the Annual General Meeting (AGM), including date, place, time and other relevant information
- Other details from the AGM, including the order of business, notice, voting record, quorum, proxies, shareholder actions and more
- Stating when a special shareholders’ meeting may be held and the circumstances that could lead to it
- Details of stock certificates, ownership, issuing and transfer
- Details of the Board of Directors including how they are elected and appointed, their number, the powers they have, how they can be removed, regular meetings and agendas, executive committees, remuneration and other areas
- Details of the various officers in the corporation including how they are chosen and appointed
- Designations of officers in the Georgia corporation including president, vice presidents, secretary, assistant secretaries and treasurer
- Rules around dividends, declarations and reserves
- Any other formalities the corporation believes need to be documented
Corporation Shareholders Must Be Issued Stock
Ownership in a Georgia corporation is expressed through the issuance of shares. You must create stock certificates and formally issue stock to any agreed initial shareholders in the corporation.
Appoint a Board of Directors
You must appoint directors to all positions in line with the agreed Georgia corporation bylaws. The Board of Directors is responsible for the strategic direction and overall management of the corporation. The board selects officers who will manage the day-to-day activities of the corporation.
Assign Officers to the Corporation
Officers are the individuals who manage the Georgia corporation on a day-to-day basis. At minimum a GA corporation should have a president, secretary and treasurer. Theoretically, one person could hold more than one position.
Get a Corporate Records Book
Your Georgia corporation will need a book to record important information about the business. This book will include details like your Articles of Incorporation, corporate bylaws, meeting minutes, AGM details, directors, officers, stock certificate information, transfer documents and more.
You may need to hire employees for your Georgia corporation. You will need:
- An Employer Identification Number (EIN)
- Worker’s Compensation Insurance
- General Liability Insurance
Hold an Annual General Meeting for Your Georgia Corporation
You must hold a yearly meeting that all directors, officers and shareholders of the GA corporation are invited to. The purpose of an AGM is generally to:
- Discuss important information
- Make strategic decisions
- Understand opportunities, risks and issues
- Vote on important resolutions and other matters
Georgia Corporation Tax Registration
You will need to register for certain taxes when you form your corporation. These include:
- Federal income tax
- Corporation tax (only for C Corporations)
- Georgia state tax
- Sales and Use Tax
- Employment taxes
You can find details on the Georgia Department of Revenue and IRS websites.Learn more about taxes for your Georgia corporation.
Annual Report for Your Georgia Corporation
In Georgia, S Corporations and C Corporations must file a report with the GA Secretary of State every year. Failure to file the report could result in late fees or your GA corporation being dissolved.
Learn about your ongoing Georgia corporation filing requirements and business filing deadlines with our helpful Georgia ongoing filing lookup tool.Have Incfile File Your Report for You
Your Georgia Corporation May Need a Certificate of Good Standing
You may need a Certificate of Good Standing for your Georgia corporation to carry out some business-related services like opening a bank account.Get a Certificate of Good Standing Through Incfile
Ready to Start Your Georgia Corporation?
Incfile provides a cost-effective service to help you create your Georgia corporation. We guide you through the process and handle most of the administrative steps, such as filing the necessary forms on your behalf.
Our basic package also provides a free Registered Agent service for the first year. If you're looking for help starting an S Corporation or C Corporation, our comprehensive services provide outstanding value.