provide comprehensive corporate compliance services to ensure that required corporate formalities are fulfilled. The attorneys at Alford & Burkhart can audit the current status of your corporation’s compliance with corporate formalities and also provide on-going legal guidance to maintain and fulfill statutory requirements.
Substance Over Form
The laws of Georgia provide liability protection to shareholders of corporations. However, to enjoy these protections, the corporation
must exist in substance, not just in form. Filing articles of incorporation and annual registrations with Georgia’s Secretary of State is an essential part of forming and maintaining a corporation, but there are additional requirements under Georgia’s Business Corporations Codes that corporations must follow. Alford & Burkhart can assist corporations in initial filings, annual filings and maintaining the other requirements throughout the life of the corporation.
Corporate formalities begin with the filing of articles of incorporation. Following incorporation, Georgia law requires that a corporation adopt bylaws. Other formalities include formally issuing shares of stock (i.e., stock certificates), regularly holding directors’ meetings and maintaining separate accounts for personal and company funds. An audit of your corporation by the attorneys at Alford & Burkhart can determine if your corporation is meeting the formalities proscribed by Georgia law. Additionally, Alford & Burkhart can guide and assist your corporation on a regular basis to maintain compliance.
Other Corporate Compliance Issues
Depending upon the size and type of business, there may be other requirements that your business entity must meet under state and federal law. The attorneys at Alford & Burkhart can assist businesses in the following areas:
- Designing an Effective Drug-Free Workplace Compliance Program
- Designing an Effective ERISA Compliance Program
- Designing an Effective Equal Employment Opportunity Compliance Program
- Designing an Effective Fair Hiring and Termination Compliance Program
- Designing an Effective OSHA Compliance Program
- Designing an Effective Records Retention Compliance Program
- Compliance with Securities Laws