Nonprofit Corporation Formation Filing in Georgia

Short answer One or more incorporators deliver signed articles to the Secretary of State stating the name, initial registered office and agent, incorporators, whether the corporation will have members, and a Georgia Nonprofit Corporation Code election. Purpose and initial directors are optional articles entries. The statutory articles fee is $100, and existence begins on filing unless the articles specify a permitted delayed date.
State
Georgia
Statute checked
October 1, 2026
Sources
10 statutes

At a glance

Governing act and filing officeGeorgia Nonprofit Corporation Code, O.C.G.A. ch. 14-3; Secretary of State (§§ 14-3-201–202)
Incorporator and filing documentOne or more persons deliver articles of incorporation for filing (§ 14-3-201)
Name and purposeArticles state compliant corporate name; purpose is optional and may include any lawful activity (§§ 14-3-202(a)(1), (b)(1), 14-3-401(a))
Member and entity-type statementArticles must say whether corporation will have members and state organization under Chapter 14-3 (§ 14-3-202(a)(4), (6))
Initial directors and selectionInitial directors’ names and addresses may be stated, but are optional (§ 14-3-202(b)(2))
Registered office and agentArticles give initial registered-office street address and county, agent name, and different principal-office mailing address if any (§§ 14-3-202(a)(2), (5), 14-3-501)
Signatures and agent acceptanceNamed incorporator signs articles unless attorney in fact signs; articles identify agent (§ 14-3-202(a)(2), (c))
Filing fee$100 statutory articles filing fee (§ 14-3-122(1))
When existence beginsExistence begins on filing unless a delayed date is specified; no later than 90 days after filing (§§ 14-3-123(b), 14-3-203(a))

Requirements one by one

Articles and incorporators

Section 14-3-201 allows one or more persons to act as incorporators by delivering articles to the Secretary of State. Section 14-3-202(a) requires a compliant name, the initial registered office's street address and county, the initial agent's name, each incorporator's name and address, a statement of whether the corporation will have members, the initial principal-office mailing address if different, and a statement that the corporation is organized under the Georgia Nonprofit Corporation Code. Section 14-3-401(a)(1) lists the corporate-name words or abbreviations.

Optional purpose and directors

Section 14-3-202(b)(1) permits a purpose statement, including the transaction of any lawful activity. Under § 14-3-202(b)(2), initial directors' names and addresses may be included; they are not among subsection (a)'s required entries.

Agent, signature, fee, and existence

The articles identify the initial agent at the registered office (§ 14-3-202(a)(2)); § 14-3-501 requires the corporation to maintain a Georgia registered office at the agent's address. One or more incorporators named in the articles sign unless an attorney in fact signs (§ 14-3-202(c)). The statutory filing fee is $100 (§ 14-3-122(1)). Corporate existence begins when the articles are filed unless a delayed effective date is specified (§ 14-3-203(a)); § 14-3-123(b) caps that date at 90 days after filing.

What trips people up

The membership declaration under § 14-3-202(a)(4) is mandatory even though a purpose clause and initial directors are optional under § 14-3-202(b). Section 14-3-202.1 separately applies the incorporation-notice rule in § 14-2-201.1 to nonprofit corporations and prescribes the nonprofit notice text.

Common questions

Must the articles state a charitable purpose? Section 14-3-202(b)(1) makes a purpose clause optional and permits a lawful-activity formulation. Particular organizations may have separate requirements.

Can an attorney in fact sign? Yes. Section 14-3-202(c) expressly permits that alternative to the named incorporator's signature.

Can the corporation start on a later date? Yes. Sections 14-3-203(a) and 14-3-123(b) allow a stated delayed date no later than 90 days after filing.

Statutes and sources

  • O.C.G.A. § 14-3-201 — “One or more persons may act as the incorporator or incorporators of a corporation by delivering articles of incorporation to the Secretary of State for filing.” Georgia signed legislation. Accessed 2026-10-01.
  • O.C.G.A. § 14-3-202(a) — “The articles of incorporation must set forth: (1) A corporate name for the corporation that satisfies the requirements of Code Section 14-3-401; (2) The street address and county of the corporation's initial registered office and the name of its initial registered agent at that office; (3) The name and address of each incorporator; (4) Whether or not the corporation will have members; (5) The mailing address of the initial principal office of the corporation, if different from the initial registered office; and (6) A statement that the corporation is organized pursuant to the Georgia Nonprofit Corporation Code.” Georgia signed legislation. Accessed 2026-10-01.
  • O.C.G.A. § 14-3-202(b)(1)–(2) — “The articles of incorporation may set forth: (1) The purpose or purposes for which the corporation is organized, which may be, either alone or in combination with other purposes, the transaction of any lawful activity; (2) The names and addresses of the individuals who are to serve as the initial directors;” Georgia signed legislation. Accessed 2026-10-01.
  • O.C.G.A. § 14-3-202(c) — “One or more incorporators named in the articles must sign the articles unless the filing is being signed by an attorney in fact.” Georgia signed legislation. Accessed 2026-10-01.
  • O.C.G.A. § 14-3-202.1 — “Code Section 14-2-201.1 shall apply equally to the organization of corporations under this chapter, except that the notice to the publisher of the newspaper shall be in substantially the following form:” Georgia signed legislation. Accessed 2026-10-01.
  • O.C.G.A. § 14-3-203(a) — “Unless a delayed effective date is specified, the corporate existence begins when the articles of incorporation are filed.” Georgia signed legislation. Accessed 2026-10-01.
  • O.C.G.A. § 14-3-123(b) — “A document may specify a delayed effective time and date, and if it does so the document becomes effective at the time and date specified. If a delayed effective date but no time is specified, the document is effective at the close of business on that date. A delayed effective date for a document may not be later than the ninetieth day after the date filed.” Georgia signed legislation. Accessed 2026-10-01.
  • O.C.G.A. § 14-3-122(1) — “(1) Articles of incorporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100.00” Georgia signed legislation. Accessed 2026-10-01.
  • O.C.G.A. § 14-3-401(a)(1), (4) — “A corporate name: (1) Must contain the word 'corporation,' 'incorporated,' 'company,' or 'limited,' or the abbreviation 'Corp.,' 'Inc.,' 'Co.,' or 'Ltd.,' or words or abbreviations of like import in a language other than English;” Georgia signed legislation. Accessed 2026-10-01.
  • O.C.G.A. § 14-3-501 — “Each corporation must continuously maintain in this state: (1) A registered office with the same address as that of the registered agent; and (2) A registered agent, who may be: (A) A person who resides in this state and whose office is identical with the registered office;” Georgia signed legislation. Accessed 2026-10-01.

Source links

Every statute quoted above, linked, with the date we checked it.

O.C.G.A. § 14-3-201 · accessed 2026-10-01
O.C.G.A. § 14-3-202(a) · accessed 2026-10-01
O.C.G.A. § 14-3-202(b)(1)–(2) · accessed 2026-10-01
O.C.G.A. § 14-3-202(c) · accessed 2026-10-01
O.C.G.A. § 14-3-202.1 · accessed 2026-10-01
O.C.G.A. § 14-3-203(a) · accessed 2026-10-01
O.C.G.A. § 14-3-123(b) · accessed 2026-10-01
O.C.G.A. § 14-3-122(1) · accessed 2026-10-01
O.C.G.A. § 14-3-401(a)(1), (4) · accessed 2026-10-01
O.C.G.A. § 14-3-501 · accessed 2026-10-01
This page gives general legal information about the state filing that forms an ordinary domestic nonprofit or nonstock corporation. It is not legal advice. Filing requirements, permitted names and purposes, members, directors, registered agents, addresses, fees, and effective dates vary by state and may change. State incorporation does not grant federal tax exemption or complete charitable solicitation registration. Confirm current official law and filing instructions and seek qualified advice for a consequential filing.

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