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Georgia LLC Incorporation: Is there such a thing?

 

 We have been involved with providing business owners the best way to form a Georgia LLC for many years and we often hear the term "Georgia LLC Incorporation" from new business owners are inquiring about whether to form a Georgia LLC.  This Article is designed to set the record straight on whether it is even possible to have a Georgia LLC Incorporation.

The Georgia LLC is technically an unincorporated entity under Georgia law which simply means it is not a corporation.  So, there is no such thing as a Georgia LLC Incorporation.  A Georgia corporation (which is another legal entity choice) is incorporated under state law when the corporation is created.  When one decides to form a Georgia LLC, the Georgia LLC is not incorporated but rather organized or organized under Georgia law.  

Having said that, the important point here is that whether a Georgia LLC is incorporated or not is irrelevant to any decision to form a Georgia LLC. Once formed, a Georgia LLC is an unincorporated entity but it does provide the same limited liability protection as an incorporated entity (the Georgia corporation).

Okay, now that we have addressed Georgia LLC Incorporation, the real inquiry is what is required to form a Georgia LLC?  We have many other articles and reports on this subject matter:

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