Every corporation that intends to be incorporated in Georgia must publish a notice of incorporation, also called a notice of intent to incorporate. Georgia is one of the few states with this requirement, which helps alert the general public of an individual's intent to incorporate.
Who Must Publish Notice?
All domestic corporations incorporated in Georgia are required to publish notice. This includes for-profit corporations and nonprofit corporations. The individual responsible for publishing notice is the person listed in the articles of incorporation as the "incorporator." Generally, this is the person who filled out and submitted the articles of incorporation.
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When Must Notice Be Published?
Notice must be published by the next business day after the filing of the articles of incorporation. This means that notice will be published before the articles of incorporation are accepted. Consequently, the "notice of incorporation" is more a "notice of intent to incorporate."
Where Must Notice Be Published?
Notice must be published in the newspaper that is the official legal organ of the county where the corporation's registered office -- listed in the articles of incorporation -- is located. To find the legal organ in your county, contact the superior court clerk of your county. Alternatively, notice can be published in a newspaper of general circulation in your county, for which at least 60 percent of its subscriptions are paid.
What Must Be Included in Published Notice?
Notice must be in the following format: "Notice is given that articles of incorporation that will incorporate (Name of Corporation) have been delivered to the Secretary of State for filing in accordance with the Georgia Business (or Nonprofit) Corporation. The initial registered office of the corporation is located at (Address of Registered Office) and its initial registered agent at such address is (Name of Registered Agent)."
You must inclose a check for $40 with the letter you send to the publisher. You must request that the publisher publish the notice once per week for two consecutive weeks.
What to Do After You Publish Notice?
Keep copies of your letter, along with the published notice, in case you are accused of not having published notice in the future.
Thomas King is a graduate of the University of Pittsburgh School of Law where he served as managing editor of the "Pittsburgh Journal of Environmental and Public Health Law." He currently lives in Aberdeen, Washington where he writes and practices law.