Q: I made the mistake of filing my company as an S-Corporation when I really need to be an LLC. How do i go about changing?
I am a one woman show, I do not have a board or directors. I can't seem to find the forms or what I need to do to simply chance from an S-corp. to an LLC.
A: There can be some complicated issues related to conversion of a corporation to a limited liability company. There are several methods to convert a corporation to a limited liability under Georgia law. Under one method, the board of directors must adopt a plan of conversion, the shareholders must approve the plan, and a certificate of conversion must be delivered to the Secretary of State. I would expect that you would need the assistance of an attorney to convert from a corporation to an limited liability company. If you have not started operating the business, you might find it simpler to form a new limited liability company, and not use the corporation, rather than actually doing a formal conversion of the corporation to a limited liability company. I recommend that you retain the services of a corporate attorney to advise and assist you regarding your entity. The Georgia Secretary of State website provides some basic information regarding entity formation, but does not provide a person with all the information needed to properly complete the formation of his or her corporation or limited liability company. This answer is designed to provide general information only, and not specific legal advice about your particular situation. It does not establish an attorney client relationship.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
