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What is the Best Way to Incorporate? The Answer May Surprise you!

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Without question the Limited Liability Company has become the most popular business form for small and growing business in Georgia. Because of its ease of operation, tax benefits, flexibility, and virtually unmatched personal legal liability protection, it has easily surpassed the Corporation as the entity of choice for companies in Georgia and throughout the United States. In 2007, there were 56,323 new Limited Liability Companies formed in Georgia, compared to 26,103 new business corporations.

The LLC laws in Georgia are some of the most precise yet simple laws in the country. For example, in Georgia a single person, someone that operates a one person business, can create a single member LLC to provide a layer of liability protection, and still present a larger, more established appearance to the public. The single member LLC allowed under Georgia law also has the advantage of being able to choose special treatment for federal tax purposes. (If there are no employees, the taxes are no different than that of a sole proprietor.)

If you are not in Georgia, you can still have a Georgia LLC created for your business, you may have to register the LLC in the state in which you actually conduct business, but that is generally not a difficult process. If the only business of the LLC is a holder of investment property, or collection of a debt, state registration is generally not required. If you have a business outside of Georgia but would like a Georgia LLC, a non attorney will generally not be able to help you understand the requirements and restrictions, and are actually not allowed to give you legal advice.

The creation of an LLC or Corporation is the creation of a legal entity. You will want to have your LLC or Corporation created by an experienced law firm. Having your entity created by a law firm does not mean the creation cannot be affordable. At least one law firm has created an avenue for business owners to request and receive the legal service of Georgia LLC and Corporation creation online. The result is the efficient, professional, and affordable creation of LLC's and Corporations, as well as other legal services by real attorneys.

 

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