What you need to know about incorporating a business in Georgia

When you decide to incorporate your businesses in the State of Georgia, you will need to designate a registered agent located within the state. A registered agent can be an individual or corporation with a physical address within the state, which is responsible for receiving your corporation’s legal documents. Registered agents can be lawyers, service companies, or increasingly, third party registered agent services (www.FilingsMadeEasy.com/registered-agent-service). Third party services can help your company complete the necessary articles of incorporation, which are detailed below.

Specific Requirements for incorporating a Business in Georgia:

Registering a Name: You must register a name for your business, which is not already in use by another company. This may be done by going to http://www.georgiacorporations.org and the fee is $25.

Initial Annual Registration: A corporation must submit an initial annual registration form within 90 days of incorporation and include the names of all principal officers.

Corporations need to include:

• - The name of the corporation;
• - The total number of shares the corporation is authorized to issue;
• - The registered agent’s name and street address in the State of Georgia, (P.O. Box not acceptable);
• - The names and addresses of the incorporator or incorporators; and
• - The initial address of the corporation, this may be a P.O. Box.

Publication: In addition, corporations formed in the State of Georgia are required to satisfy the state-imposed “publication” requirements.  Filings Made Easy can assist you in complying with this requirement.  www.FilingsMadeEasy.com.

In October 2009, Filings Made Easy was a sponsor and judge for a business competition held at Babson College in Wellesley, MA.  The contestants included undergraduate and MBA students from Babson College and other colleges and universities that place high value on their entrepreneurial programs. 

A key highlight of this competition was the business presented by Megan Shea — RetireLife (www.RetireLife.net).  RetireLife is receiving great attention in the Boston area, and Megan is doing big things, including recently received recognition and publicity by BusinessWeek.

Babson College is developing great ideas and well-prepared entrepreneurs.  They are the next generation of business leaders.  http://www3.babson.edu/newsroom/releases/BizPlanComp10-16-09ns.cfm

Filings Made Easy (through its owner, Corporate Filing Solutions, LLC) serves as registered agent (often referred to in certain states as a “resident agent” or “statutory agent”) for many corporations, LLCs, limited partnerships and other business types throughout the United States. Since January 2009, hundreds of companies have changed their registered agent to Filings Made Easy/Corporate Filing Solutions, LLC from national companies that provide registered agent services. In addition, many newly formed corporations and LLCs have named Filings Made Easy as their registered agent at the time of formation.

The reasons are simple

• Filings Made Easy provides nationwide registered agent services;
• Filings Made Easy’s annual fee is substantially less than the fees of larger registered agents, and will match others’ rates;
• Filings Made Easy makes billing easy. While some registered agents flood customers with mail each year, Filings Made Easy sends simple invoices to its customers, and if a customer has multiple entities or qualifications in multiple states, Filings Made Easy ensures that its invoices are consolidated so that the customer is not overwhelmed with multiple invoices.
• Filings Made Easy reacts immediately when it receives important correspondence for a customer. This includes immediately sending documents to customers by email, Federal Express, fax and/or personal delivery. Filings Made Easy also will call customers if an important document is received, such as a complaint in a new lawsuit, ensuring that the customer immediately focuses on this matter.
• Filings Made Easy is proactive about notifying customers when an annual report or franchise tax is due to be filed and/or paid, and will assist the customer, if the customer wants Filings Made Easy to help.
• Filings Made Easy helps customers comply with state filing and other requirements, to ensure that customers remain in good standing in the state of incorporation or formation and any other state where the company is qualified to do business.

Filings Made Easy/Corporate Filing Solutions, LLC qualifies as a “commercial registered agent” in those states that recognize such classifications, and also qualifies as a Commercial Registered Office Provider (often called a CROP) in Pennsylvania.

Filings Made Easy will also assist any company with the necessary documents if it wishes to change registered agents to Filings Made Easy. Please contact Filings Made Easy at customerservice@FilingsMadeEasy.com or 888-237-3410 if you wish to discuss changing your registered agent or otherwise naming Filings Made Easy (or an affiliated entity) as your registered agent in any state or states.

Get Started with Registered Agent Services from Filings Made Easy Today

When starting a new business, the business owner has many questions and issues to address.  One of these questions should be whether to incorporate your business, to form a limited liability company (an LLC), to form another type of business entity or to remain a sole proprietorship.

Why do business owners choose to incorporate their companies?  The typical reasons include:

- Limitation of liability/Protection of personal assets. The most important legal reason for incorporating a business is to protect the owners from the liabilities of the business. In other words, the creditors of the business are not able to successfully make a claim against the personal assets of the business owner.

- Transferable ownership. Ownership in a corporation is in the form of stock. Stockholders own shares of stock. Unless there is agreement of the stockholders not to transfer their stock, a stockholder is able to transfer some or all of his or her shares of stock to another party without the consent of other parties.

- Common Understanding and Acceptance of Corporations. Corporations are well known in the United States and internationally. Entering into business negotiations, contracts or transactions with another business or with individual customers may be more successful if you are operating a corporation, as a corporate entity adds legitimacy to your business.

- Employee Benefits. Employee benefits and qualified retirements plans, such as health insurance and 401(K) retirement plans are easily established when operating a corporation, and often times the rates or premiums for insurance is less when utilizing a corporation.

- Taxation. In the United States, corporations are often taxed at rates that are lower than that of the individual stockholders. Corporations may also carryforward losses from one tax year to a future tax year to offset such losses against the future gains (which will result in lower future taxes). Stockholders of corporations formed in the United States may also be permitted to elect to make an “S Corporation” election.

- Raising funds through sale of stock. Capital from investors can be raised for corporations easily through the sale of stock.

- Perpetual Existence. A corporation typically can survive perpetually. Its existence does not end upon the death of stockholders, directors, or officers of the corporation.

What is a Registered Agent (Resident Agent)?

A Registered Agent, or Resident Agent or Statutory Agent, is an agent that is designated by a company to receive legal documents, such as service of process, when the company becomes a party to, or is otherwise involved in, a lawsuit or other legal matter.

The Registered Agent for a business may be an individual or a third party, such as the company’s lawyer or a service company (such as Filings Made Easy, through its owner, Corporate Filing Solutions, LLC).

The purpose of a Registered Agent is to provide a physical legal address within that state where individuals are available during normal business hours to receive legal documents. The Registered Agent receives these documents on behalf of the company and then is required to promptly provide them to the company. In addition to documents relating to litigation, the Registered Agent also receives documents relating to tax and annual franchise or other annual corporate filings.

Do you need a Registered Agent for your company?

Yes. Every legal entity is required to have a Registered Agent in the state of its incorporation or formation and in each other state in which the company operates.

Should your company utilize a commercial Registered Agent?

Filings Made Easy thinks so. Here is why:

• Confidentiality. A commercial Registered Agent will handle litigation filings in a confidential and professional manner. If legal documents are delivered to a company’s normal place of business, employees may learn of this before even the CEO, which could lead to rumors and other unintended consequences.
• Expertise. Employees of a company may not understand the importance of certain legal documents. A commercial Registered Agent provides important legal documents directly to the company’s CEO or other senior officer who has been designated to receive correspondence from the Registered Agent. This ensures that important documents are immediately attended to, and not misplaced or misunderstood.
• Flexibility. A commercial Registered Agent provides a company with the flexibility to change its address without the burden of notifying the Secretary or State. This avoids the unfortunate consequences that could arise if a business owner forgets to change its address with the Secretary of State, such as a default judgment in a law suit involving the company.
• Availability. A commercial Registered Agent is always available during normal business hours. This availability provides the business owner with the ability to travel and to staff his offices as needed, without worrying about having someone available at all times in those offices. This avoids the unfortunate consequences that could arise if legal documents are served when the offices are unattended.
• Monitoring. A commercial Registered Agent keeps track of filing requirements of their clients’ businesses. This service allows these clients to focus on their businesses, rather than the hassle of monitoring filing requirements and deadlines. This can also potentially save businesses thousands of dollars in penalties for late filings.
• Responsiveness. Some commercial Registered Agents (such as Filings Made Easy, through its affiliate Corporate Filing Solutions) provide real-time notice of litigation, and forward all official documents directly to the companies they represent (often by email, fax and/or nationally recognized overnight courier service).
• Value. The cost per year of a commercial Registered Agent is nominal, relative to the risks that a company may face if a default judgment is entered against a company.

Filings Made Easy/Corporate Filing Solutions, LLC qualifies as a “commercial registered agent” in those states that recognize such status, and also qualifies as a Commercial Registered Office Provider (often called a CROP) in Pennsylvania.

Filings Made Easy will also assist any company with the necessary documents if it wishes to change registered agents to Filings Made Easy. Please contact Filings Made Easy at customerservice@FilingsMadeEasy.com or 888-237-3410 if you wish to discuss changing your registered agent or otherwise naming Filings Made Easy (or an affiliated entity) as your registered agent in any state or states.

Get Started with Registered Agent Services from Filings Made Easy Today