Atlanta Corporate Civil Litigation Attorney

Guiding Businesses Throughout Fulton, Cobb, DeKalb, Gwinnett, & Forsyth Counties

Corporate law can be a confusing field to navigate on your own, and the stakes are high when your business is involved. Mones Law provides businesses throughout Atlanta with informed and experienced corporate law representation. From business formation to dissolution, the firm helps corporations keep their operations running smoothly and business interests aligned. Attorney Stuart M. Mones has handled a range of corporate law matters and has faced legal rivals as lofty as the SEC and the FBI. Let Attorney Mones guide you through your business concerns today.

Schedule a free consultation with Mones Law for more information — let the firm protect your corporate interests.

Forming a Corporation in Georgia

An exciting area of corporate law is getting a new business off the ground.

Forming a valid corporation in Georgia entails the following steps:

• Choose a name for the corporation. The name should include the word “incorporated,” “corporation,” “company,” “limited,” or an abbreviation of one of these words. The name should also be distinguishable from existing business names.
• Prepare and file the “Articles of Incorporation.” The articles need to include the corporation name, the number of shares the corporation is allowed to issue, the name and street address of an agent responsible for service of process, the name and address of each incorporator, and the mailing address of the corporation’s main office.
• Appoint a registered agent. This person or entity will accept legal papers on behalf of the corporation and must be authorized to do business in Georgia.
• Prepare the corporate bylaws. These bylaws set the rule for operating the corporation, and they show banks, creditors, the IRS, and other entities that the corporation is legitimate.
• Appoint directors and hold the first board meeting. At the meeting, the incorporator who signed the articles and their appointed corporate directors should establish corporate officers, adopt the bylaws, select a corporate bank, authorize the issuance of stock shares, set the corporation’s fiscal year, and adopt an official stock certificate form.
• Issue stock to each shareholder. These should be recorded in the corporation’s stock transfer ledger.
• File an annual registration form. The initial filing must be within 90 days of incorporation and should list three principal officers. Failing to do so annually could result in an administrative dissolution.
• Obtain a federal Employer Identification Number. There is no filing fee to do so, and this can be completed online via the IRS website.

Dissolving a Corporation

Naturally, some businesses come to an end. Shareholders of a corporation can dissolve the corporation by voluntarily voting to do so. If all or a majority of the shareholders approve the dissolution, the board of directors should file a Notice of Intent to Dissolve with the Corporations Division of the Secretary of State. The notice should include the name of the corporation, the date the dissolution was authorized, and a statement that the dissolution was approved by the shareholders in accordance with the law.

A corporation is also required to publish its Notice of Intent to Dissolve. Within one business day of filing the notice with the Secretary of State, they must publish the notice in a newspaper that is generally circulated in the county where the corporation’s registered office is. This request includes a statutory fee of $40.

After the dissolution, the corporation should take care of final housekeeping matters, a process called “winding up,” which includes tasks like collecting the corporation’s assets, disposing of corporation properties, discharging the corporation’s liabilities, and distributing remaining corporation property among the shareholders.

The last step to officially close out the dissolution process is filing the articles of dissolution, which should contain:

• The name of the corporation
• The date on which the Notice of Intent to Dissolve was filed
• A statement that all known debts, liabilities, and obligations of the corporation have been paid or discharged
• A statement that all the remaining property and assets of the corporation have been distributed appropriately among the shareholders (if applicable)
• A statement that there are no other pending actions against the corporation in court or that adequate provisions have been made regarding the actions

The legal side of running a business can be confusing, especially when you may be preoccupied with your other responsibilities as a business owner. Mones Law provides corporate law representation to businesses throughout the Atlanta area. Whatever corporate law issues you are facing, Mones Law has the skill and depth of experience to help you.

Schedule a free consultation with Mones Law to learn more about the firm’s corporate law work.

See More Results