Legal Question in Business Law in Georgia

Not for Profit moving to another state

We have a registered Nonprofit in MI and have certificate of authority in GA. We would like to close in MI and register as GA corporation. What is the procedure for the same?


Asked on 3/29/09, 10:25 am

2 Answers from Attorneys

Kendall Carter The Law Offices of Kendall W. Carter, LLC

Re: Not for Profit moving to another state

There is no procedure in the GA Nonprofit Code by which you could simply change your State of Incorporation. If you truly wish to change the situs of the State of Inc., you have to dissolve in MI and incorporate in GA. Of course, that opens up all kinds of issues regarding your 501(c)(3) status, if you have been granted same by the IRS.

You could always contract with a Corp. registration co. to host your home "office" in MI and make GA your principal place of business while continuing to operate on your current GA cert. of authority. Coca-Cola is a for-profit example, as they are incorporated in Delaware, but maintain their headquarters and base here in Atlanta.

Please contact my office via the email below if you require further assistance!

Kendall Carter

[email protected]

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Answered on 3/29/09, 11:49 am
Charles W. Field Charles W. Field, Attorney at Law

Re: Not for Profit moving to another state

You could register in GA as a foreign corporation (foreign simply means from another state). However, there are probably more details that need to be examined to make sure you do it right. If you would like to discuss, feel free to give me a call.

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Answered on 3/29/09, 2:24 pm


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