Legal Question in Business Law in Georgia

Re: Use of Incorporation

No. In order to be "incorporated" a business must file the appropriate documents with the Secretary of State and receive back a Certificate of Incorporation. Once there exists a corporation, the it is subject to tax. Holding out a business as incorporated is unlawful. The term, "incorporated" denotes that the business is a distict legal entity with certain rights and obligations.

Re: Use of Incorporation

Mr. Ballinger is correct. The rule against such usage is to preclude a sole proprietor from claiming incorporation in order to protect his personal assets from any lawsuits. If such a business could include the word "incorporated" and receive the liability protection, there would be no need to actually incorporate.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.MacGregorLyon.com