Question

How do I form a business in Georgia?

Alex B. Kaufman - Business Litigation - Super Lawyers

Answered by: Alex B. Kaufman

Kaufman & Forman, P.C.
Atlanta, GA
Phone: 770-390-9200
Fax: 770-395-6720

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Answer

The first, and probably most important, consideration in business formation in our state is deciding the appropriate type of business entity for your enterprise. This choice will influence many of the legal considerations for your business that will follow. Georgia lawyers frequently help clients form these business entities, among others:

  • Limited liability companies or LLCs
  • A general or limited partnership
  • An S Corporation or a traditional C Corporation
  • A professional corporation

Each type of business structure has advantages and disadvantages, and the most profitable structure for your venture may not be immediately obvious. LLCs are relatively easy to set up, and both they and corporations keep your personal and business finances separate. Corporations have many legal steps they must take that other business structures do not, such as electing a board of directors to oversee the company.

A skilled business lawyer can assist you with setting up your business entity according to state and federal laws. They can help you navigate the tricky waters of obtaining financing, complying with tax obligations and obtaining banking relationships. As your business grows, your attorney can also advise you on mandatory reporting requirements for your business, such as filing annual reports or maintaining records of your board of directors or partnership meeting minutes.

When you select a lawyer to assist you with the formation of the business, it is important to consider if their firm can help you with other issues that will impact the success and profitability of your company. For example, a business lawyer who is also experienced in employment law can help you draft employment contracts, covenants not to compete, and confidentiality agreements. A business transactions lawyer who has a strong record as a corporate litigator can also help you:

  • Settle contract disputes
  • Protect your intellectual property or trademarks from infringement
  • With real estate litigation or commercial landlord-tenant conflicts
  • Resolve shareholder disputes
  • Defend yourself against employment lawsuits
  • Find winning solutions that fix your challenge without court, such as mediation or arbitration

Forming a business in Georgia involves much more than selecting a legal structure and filling out the required paperwork. Legal representation is a crucial part of starting and maintaining your company and protecting it from challenges that might put your investment — or the investments of others — at risk.

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

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