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Investment and business structuring law in Atlanta involves selecting the right entity, drafting governance documents, and aligning financing with long term goals. It covers formation, ownership structure, and ongoing compliance for LLCs, corporations, and partnerships. Understanding these rules helps minimize risk and position a business for growth in Georgia and beyond.
In Georgia, the primary statutes governing LLCs, corporations, and partnerships are found in Title 14 of the Official Code of Georgia Annotated. Practitioners help clients choose between entity types, set up capitalization plans, and prepare agreements that govern control, profit sharing, and exit strategies. An experienced attorney guides owners through regulatory requirements and tax considerations that arise with different structures.
Georgia allows small businesses to use LLCs and corporations to limit owner liability while favorable tax treatment applies through pass-through provisions. SBA.gov
In Georgia, most businesses must file annual registrations and pay fees with the Secretary of State each year. Georgia Secretary of State
Two to three key statutes shape investment and business structuring in Georgia. For precise text and any updates, consult the official code pages and government guidance:
Recent trends in Georgia law emphasize governance clarity and protections for members and investors in privately held entities. Always verify current provisions on official sources to reflect any amendments or editorial changes. For direct access to the statutory framework, see government sites that publish the Official Code of Georgia Annotated and related statutes.
An LLC provides liability protection with flexible management and pass-through taxation. A corporation offers potential public fundraising through stock and more formal governance requirements. Your choice depends on funding plans and governance preferences.
File Articles of Organization with the Georgia Secretary of State, draft an Operating Agreement, obtain an Employer Identification Number, and complete any required annual registrations. The process is streamlined for online filings in Georgia.
Filing and annual report fees apply, and additional costs may arise from drafting documents and obtaining licenses. Check the Georgia Secretary of State website for current fee schedules before filing.
Yes, an attorney can identify unfavorable terms such as excessive liquidation preferences or restrictive covenants. A lawyer helps negotiate terms that protect your interests and align with long term goals.
A buy-sell agreement sets conditions, pricing, and funding for purchasing a departing owner’s interest. It is highly advisable for multi-member LLCs or closely held corporations for continuity and dispute avoidance.
Yes, an LLC can have unlimited members. The operating agreement specifies whether the company is member-managed or manager-managed and outlines voting rules and duties.
A charging order restricts creditors to a member’s distribution interests, not the entire ownership. This protection helps shield a business from creditor claims against individual owners.
Online filings for basic formations can be processed within days, while complex structuring may take several weeks. Expedited processing options are sometimes available through state portals.
Yes, you can elect S-Corp status with the IRS for pass-through taxation. State law does not bar the election, but eligibility depends on corporate structure and ownership rules.
LLCs generally enjoy pass-through federal taxation, while Georgia state taxes may apply at the member level depending on classification. Consult a tax professional to navigate state and federal obligations.
Most entities must file annual registrations with the Georgia Secretary of State. Failure to file can result in administrative dissolution or penalties, so timely compliance is important.
Yes, conversion is possible by filing appropriate forms and agreements, but tax and liability implications require careful planning. A lawyer can manage filings and ensure a clean transition.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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