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A limited liability company is formed by filing articles of organization with the Secretary of State. Form CD 030 may be used for this specific purpose. Use of this form is optional. Articles of organization may also be drafted pursuant O.C.G.A.
The profits of the LLC are typically considered to be earned income and subject to the social security portion of the self-employment tax. By contrast, a regular corporation (CCorporation) is subject to being taxed twice on its profit; at the corporate level and when the profits are distributed to the shareholders.
Corporations must have one or more directors. Residence requirements. Georgia does not have a provision specifying where directors must reside.
To form a Georgia S corp, you'll need to ensure your company has a Georgia formal business structure (LLC or corporation), and then you can elect S corp tax designation. If you've already formed an LLC or corporation, file Form 2553 with the Internal Revenue Service (IRS) to designate S corp taxation status.
How to Form a C-Corp in Georgia Choose a Name for Your C-Corp in Georgia. Georgia business owners should choose a unique name for their C-Corp. ... Appoint a Registered Agent. ... Appoint Directors for Your C-Corp in Georgia. ... Issue Shares of Stock. ... Apply for the Necessary Licenses.
Each corporation in Georgia should send their notice of incorporation, along with a $40.00 publication fee, directly to the newspaper no later than the next business day after filing articles of incorporation with the Georgia Secretary of State.
Processing Time: 7 business days; registrations can be expedited for an additional fee. Processing in 2 business days costs an additional $100. Processing in the same business day (if submitted before noon on a weekday) costs an additional $250. Draft your Articles of Incorporation.
Businesses that are incorporated in another state will typically apply for a Georgia certificate of authority. Doing so registers the business as a foreign entity and eliminates the need to incorporate a new entity. Operating without a certificate of authority may result in penalties or fines.