Why is Georgia considered to be a smart destination for small businesses? This is because the state of Georgia provides several small business incentives including tax relief to funds and loan guarantees. These incentives are some of the drivers that help to form a Georgia business with ease and flexibility. A report by the Kauffman Index of Entrepreneurial Activity has revealed that Georgia is ranked second in the nation when it comes to increase in entrepreneurial activity especially in the last decade.

We are one of the top Georgia registered agents and are familiar with all processes pertaining to the Georgia State and can provide information and assistance for a successful set up of your business!

Let’s take a look at how you can form a Georgia business LLC or Corporation.

Georgia LLC Registration and Formation

LLC company formation in Georgia is governed by O.C.G.A. (Official Code of Georgia Annotated), 14-11-203 (2010). The procedure for registration and formation of LLC is as follows:

Step#1: Hire a registered agent

According to O.C.G.A. (Official Code of Georgia Annotated), 14-11-209 (2010), an LLC will be required to continuously maintain a registered agent in the state. If you are planning to form a Georgia business, a registered agent will be required irrespective of whether your business is a domestic or a foreign business entity. We would take this opportunity to share with you the fact that we are one of the top registered agents in the state and have been responsible for over 11,494 businesses set up in Georgia.

We are in compliance with all regulations in the State of Georgia.

Step#2: Name Registration

One of the important aspects of an LLC company formation in Georgia is naming your business entity. Once you have found an appropriate name, you will have to reserve it or register it with the Secretary of State pursuant to O.C.G.A. 14-2-402 (2010). How do you reserve business entity name? You can file the “Name Reservation Request” form online or by submitting it at the Secretary of State, Corporation Division office. Business names can be reserved for a period of 30 days.

Step#3: Articles of Organization and Certificate of Authority

If you are planning to form a Georgia business LLC then the most important step is to prepare and file the right registration or business formation documents. According to 2010 Georgia Code, O.C.G.A. (Official Code of Georgia Annotated) 14-11-203 and 204, you can register a domestic LLC by filing “Articles of Organization” with the Secretary of State. You can also form a foreign LLC by filing the Application for “Certificate of Authority”.

We can file the form on your behalf as your registered agent in the state and provide you with certified copies of the LLC registration.

In case, you have any questions regarding how to form a Georgia business, feel free to call us at 702-871-8678.

Georgia Corporation Registration and Formation

How do you form a corporation in Georgia? There is an entire process through which you will be able to incorporate your business in the state. The process is as follows::

Step#1: Maintain a Registered Agent

According to GA Code § 14-2-501 (2016), a corporation, whether domestic or foreign, will have to continuously maintain a registered agent and the agent will be responsible for service of process, or notice, to be served on the corporation in compliance with GA Code § 14-2-504 (2016). We would take this opportunity to share with you the fact that we are one of the top registered agents in the state and have been responsible for over 11,494 businesses set up in Georgia.

We are in compliance with all regulations in the State of Georgia and will assist you to form a corporation in Georgia.

Step#2: Name Registration

The next most crucial step in the process towards company formation in Georgia is identifying and reserving or registering the name of the business entity. Naming requirements are governed by GA Code § 14-2-401 (2016) to § 14-2-403 (2016) and you can reserve a name for a period of 30 days or until the filing of articles of incorporation. You will be required to file the “Name Reservation Request” form online or by submitting it at the Secretary of State, Corporation Division office.

Step#3: Articles of Incorporation and Certificate of Authority

Business entity incorporation for foreign and domestic entities is different. If you are planning to form a Georgia business corporation that qualifies as domestic then you will be required to submit “Articles of Incorporation”. If you are planning to incorporate a foreign entity then you will be required to file a “Certificate of Authority” pursuant to Official Code of Georgia Annotated (O.C.G.A.) 14-2-202 (2010).

We can help to streamline the process of company formation in Georgia by filing documents on your behalf through the online process or through an expedited process.

If you have any questions regarding Georgia Incorporation or LLC formation, you can simply visit the Georgia Business formation page.

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Some of the top industries for entrepreneurs in the USA include Retail Trade, Construction, Health Care, Social Assistance, Educational Services, Finance, Insurance, and even information technology. The question is, after you have identified the type of industry why would you register a new company in Georgia?

Georgia is considered one of the top states in the nation when it comes to providing business incentives. Small businesses especially startup companies in Georgia will be able to take advantage of several benefits from tax relief to tax credits, and even financing options.

Advantages for New Businesses – LLC or Corporation?

As one of the top registered agents in the state, we can help you to register a new business in Georgia as this will ensure you are able to leverage all types of business gains and state provided incentives and grants. Let’s take a quick look at why Georgia is considered one of the best places for establishing a business:

Advantage#1: Salient benefits of Corporation or LLC formation

Corporation

• Independent Life: One of the salient advantages of an S Corporation in Georgia is that it enjoys an independent life. This simply means that the business entity will continue operations undisturbed even if it faced the death of one of its stockholders or incapacitation of one or more stockholders.
• ROI not taxed: If you register a new business in Georgia, then earnings through return on investment (ROI) including rental payment, interest etc will not be subject to self-employment tax provided the employees or stockholders receive compensation for labor or for managing the business.
• Corporate Tax Credit Incentives: The state of Georgia provides new businesses with several tax credit incentives that are intended to help businesses to minimize or eliminate state corporate income.

LLC

• Flow through Taxation: When you register a new company in Georgia, an LLC can benefit from the process of flow through taxation that will ensure there are no double taxations.
• Limited Liability: As an owner of a Georgia LLC, you will be able to enjoy limited liability protection quite similar to what a corporation enjoys.
• No Minutes of meetings: Unlike a corporation, an LLC startup company in Georgia will not be required to maintain any minutes of the meetings or resolutions.
• Flexible Profit Distribution: A startup company in Georgia LLC has the benefit of being able to select different ways of distribution of profits

Advantage#2: Benefit Programs for Businesses

What happens when you register a new company in Georgia? Once you have set up your small business in the state of Georgia, you or your business entity will be able to benefit from several state based incentives that aid in the overall growth of your business. There are several business benefit programs to choose from but let’s take a look at some of the most beneficial ones:

• Georgia Enterprise Zones: The General Assembly enacted the Enterprise Zone Employment Act in 1997 and if a startup company in Georgia is established in such a zone then it will be able to enjoy several business incentives. Such a business entity will also benefit from local property tax exemption in accordance to section 36-88-8(a)(1) of the act. A business entity situated in the enterprise zone will also benefit from reduction in occupation taxes, building inspection fees, regulatory fees, and other fee as per OCGA §36-88-9(a). List of Enterprise Zones
• Georgia Business Tax Credits: There is a variety of job and business tax credits that you can benefit from once you register a new business in Georgia. These credits provide businesses with savings and also ensure proper expansion. Let’s take a look at some of the popular business credits:
• Job Tax Credit: This is a type of credit that will help a startup company in Georgia to fuel growth of business through job creation. A job credit can provide a savings of $1,750 per job when it comes to annual tax savings and is dependent on where your business is situated. You can also carry forward the credit for a period of 10 years if it has not been used.
• Mega Project Tax Credit: After you register a new company in Georgia, this credit will be at your disposal especially if you employ a minimum of 1,800 new employees. This is also valid for businesses that make a minimum investment of $450 million in Georgia.
• Work Opportunity Tax Credit (WOTC): This type of tax credit is being administered by Georgia’s Department of Labor and is provided to business entities that hire individuals facing barriers in getting employment. The tax credit can range from $1,200 to $9,600 per qualified employee.

Apart from the above mentioned programs, there are several other programs that businesses can benefit from including Optional Investment Tax Credit, Property Tax Abatement, Entrepreneurial and Small Business Development Loan Guarantee Program, and Tax Exemption programs among others.

Are there any Disadvantages of Incorporating in Georgia?

If you establish a startup company in Georgia then you will be able to benefit from tax credits, loans, abatements, and much more. You will also be able to recruit some of the most talented employers in the country. The important question is: are there any disadvantages? The disadvantages are very few and almost inconsequential for instance, the fact that you have to pay a higher fee and the time taken to process incorporation is also longer, compared to other forms of organization. The fact is that these are small disadvantages compared to the several benefits that can steer ahead your business towards substantial growth.

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Have you considered applying for a business license in Georgia? Well, if you are thinking of setting up an LLC or Corporation in the state of Georgia, then you will require what is known as an operating license. In some states, it is also known as an occupational license and it will ensure you are able to operate your business successfully.

It is important to understand that the Professional Licensing Boards Division serves as administrative support to 41 different licensing boards and these licensing boards are responsible for issuing licenses depending on the type of business. You can apply for a Georgia company license online or download application forms pertaining to your type of business.

Georgia Business License Requirements

What are the requirements for obtaining a business license in Georgia? Are permits required for my business entity? Does the business entity require a single license or multiple licenses? Who is the issuing authority for these licenses? These are some of the important questions that you might be confronted with and hence, we have created a guide that will help answer some of these questions.

There are two steps towards acquiring a business license in the state of Georgia and they are:

The Industry and Business Operation

Which industry is your business entity a part of? This is an extremely important question that you need to identify as this will help you apply for the correct business license. Along with this, you need to be clear about what your business entity is offering. Let’s look at an example to understand this well.

Industry Type: Food Business

• You have to identify whether it will be a Food Service or Food Sales business.
• Food service businesses include restaurants, cafe, catering, pubs, mobile food Service, etc.
• Food sales establishment include home, mobile kitchen, retail store, or even a shared kitchen

Business Type for Licensing

A business license is required if you are planning to set up a food sales establishment. If you set up a restaurant or a catering business, you will require a business license or a permit depending on the type of restaurant; for instance if it will include alcoholic beverages or not.

Who issues the License

Who is responsible for the issuance of Georgia company license? What is the annual fee? Do I need to renew it? These are some of the important questions because not one organization or government body issues them. Depending on the type of business, the license would be issued by the governing authority. It is also important to consider the fact that for some businesses, only permits are required and in some cases, both business license and permits are required. Let’s look at the Food Business example to clearly understand this.

Industry Type: Food Business

• If you set up a food sales establishment then it will be regulated by Georgia Food Act. A business license in Georgia for food sales establishment is issued by the office of Commissioner of Agriculture, Georgia Department of Agriculture (GDA). You will be required to pay an annual licensing fee and this depends purely on the risk category of your establishment or the products being sold. The fee ranges from $100 to $300. The license renewal takes place annually on July 1.
• On the other hand, if you are planning to set up a food service establishment like a restaurant or a bar then the license would be issued by different authorities. If you are setting up a restaurant then you will require a business license also known as an “occupational tax registration certificate”. This certificate is issued by Georgia Department of Revenue. If you allow “Consumption on Premises” for alcoholic beverages, then the State of Georgia Consumption on Premise License application has to be filed with Georgia Tax Center. The license fee can vary from $100 to $1,000 depending on what is being served in the food service establishment. The license renewal takes place annually on July 1.

Once, you have identified the type of business, all you have to do is download the correct business license application and file it online.

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Once your company is set up, you will need:

1. Tax ID (EIN) – free over the Internet or phone.
2. Yearly Requirements and Fees for Maryland companies
3. Company Minutes & Stock Certificates – are included in incorporation. You will have access to documents generated on your client account.

Maryland additional services

• Registered Agent
• Annual Report
• EIN (Tax ID)
• More Additional Services

• Why Maryland?
• Maryland Registered Agent
• Maryland Annual Requirements
• Maryland Corporation Statutes: Maryland Code: Corporations & Associations, Title 1

• Why Maryland?
• Maryland Registered Agent
• Maryland Annual Requirements
• Maryland LLC Statutes: Maryland Code: Corporations & Associations, Title 4A