How to form an LLC in the state of Georgia

In addition to its many other advantages, a limited liability corporation (LLC) provides small enterprises with protection from legal responsibility and favorable tax treatment. Follow these straightforward instructions to get your limited liability company (LLC) up and running in Georgia.

Note that you have the option of forming the limited liability company (LLC) yourself, or you may engage a renowned company creation service to do all of the groundwork on your behalf.

1. Give Your Georgia Corporation a Name

It is essential to be aware that the name you choose for your company must be in accordance with all applicable federal and state laws and regulations. The name of your limited liability company (LLC) must comply with Georgia law, which mandates that it include:

The name of a limited liability company (LLC) must be unique and able to be distinguished from the names of other business organizations already registered with the Georgia Division of Corporations and Commercial Code. 

One of the following terms or abbreviations must be used in the name of a limited liability company (LLC): “Limited Liability Company”, “Limited Company”, “LLC”, “L.L.C. “, “LC”, or “L.C.”

Limited Liability Company Name Restrictions in Georgia

Without first filing a letter of clearance to the relevant government, you won’t be able to use certain terminology to describe your limited liability company (LLC). These are the following:

• Phrases related to insurance: If you wish to utilize the words insurance, assurance, surety, fidelity, reinsurance, reassurance, or indemnity, you need to get permission from the Office of the Commissioner of Insurance.
• Banking phrases: The Department of Banking and Finance must provide its written clearance before anybody may use the terms bank, banc, banque, banker, banking company, banking house, trust, credit union, bankruptcy, or trust firm in any context.
• Education phrases: It is necessary to get formal permission from the Georgia Nonpublic Postsecondary Education Commission prior to using the terms “college” or “university” in educational contexts.

After you have come up with a few potential names for your company, you can check the availability of those names using the business search website for the state of Georgia.

If it is, you may put a hold on the company name for up to a month by filling out a request form for a name reservation and sending it either electronically or by mail. A charge of $25 is required to reserve a name in the state of Georgia.

Bear in mind that the act of registering a name does not in and of itself ensure that the name will comply with federal or trademark regulations. It is essential to get the advice of an attorney if there is any uncertainty about the appropriateness of a name.

2. Registered Agent selection

Every limited liability corporation that does business in Georgia is obliged to have a registered agent located in the state. This might be a person or a business entity that has consented to accept the limited liability company’s statutory statement on its behalf in the event that the LLC is subject to legal action.

It is feasible that a Registered Agent be either be a resident of Georgia or a corporate body that is permitted to conduct business in the state of Georgia. Both of these options are viable options. It is necessary for the Registered Agent to maintain a physical location inside the state of Georgia.

What is the role of the Registered Agent

A Registered Agent receives tax forms, legal paperwork, lawsuit notices, and government communication on your business’s behalf. Think of the function of your registered agent as that of the point of contact for your company with the state.

Who can be a Registered Agent?

A Registered Agent in Georgia has to be either a person who lives in the state on a permanent basis or a company that is permitted to operate inside Georgia and acts in the capacity of a dedicated Registered Agent service. You have the option of selecting anybody who works for the organization, including yourself.

3. Ensure that the Articles of Organization for your LLC are filed

In order to have your Georgia limited liability company registered, you will need to submit a Form CD 030 – Articles of Organization to the Georgia Corporations Division. You have the option of applying either online or via mail.

Because this form serves as the legal registration for your company with the state, it is essential that all of the details be accurate.

What should be included in a company’s Articles of Organization?

When completing the Georgia Articles of Organization, you are required to give the following information:

• That should be the name of your limited liability company.
• The major location of your company’s operations.
• The name and geographical address of your designated agent to receive official mail on your behalf
• Organizer signature
• The names and addresses of those who serve as members or administrators of your organization (optional)
• In the annual report to the Division of Corporations, you must disclose the name and address of at least one management, member, or controlling person.
• The length of time that the legal entity will be in existence (optional)
• The reason for the existence of the corporate entity (optional)

Submitting Your Organization’s Certificate of Incorporation

Articles of Organization are required to be filed with the Georgia Secretary of State when establishing a new limited liability company (LLC) in the state of Georgia.

Online filings are subject to a charge of $100, while paper submissions incur an additional fee of $10. Check out the information provided in the section that follows on foreign entities if you already run a successful company in another state but would want to start doing business in Georgia.

Make a profile for yourself on the website.

Where do you put them in the folder? On the website for online services provided by the Secretary of State, you provide the information required for your limited liability company (LLC). In addition to this, you will be required to establish a user account, after which you will be able to pick “create or register a company.”

4. Obtain a Certificate From the Government of Your State

After the formation paperwork of the LLC has been submitted and authorized, the state will send you a certificate that proves the LLC’s official existence in response to a written request for a copy together with the appropriate amount of postage.

With this certificate, the limited liability company will be able to get an Employer Identification Number (EIN), as well as business permits and business bank accounts such as Kabbage, Novo banking, or Bluevine.

5. Draft an Operating Agreement for Your Company

Even while establishing a detailed LLC operating agreement is not a legally required step for founding a limited liability company in Georgia, it is highly suggested for all new limited liability firms to do so.

The following items should be included in the operating agreement:

• Describe the business structure of the limited liability company.
• Determine the specific duties and commitments that each member of the limited liability company (LLC) has, and lay out the operational structure of the LLC.
• Significant legal and logistical challenges might await a limited liability company (LLC) in the absence of an operating agreement that defines the precise responsibilities of its members. 

Even the operational agreements of certain Georgia limited liability companies are notarized in some cases.

6. Obtain a employer tax ID (EIN)

A number of limited liability companies (LLCs) will be required to get a Federal Employer Identification Number (EIN), often known as a tax ID number. 

An Employer Identification Number (EIN) is a nine-digit number that identifies your company to the Internal Revenue Service. You need an EIN in order to file federal employer taxes, open a bank account (in most situations), or recruit staff.

On the website of the IRS, which is accessible without charge, you may check to see whether you need an EIN and submit an application for one online. 

Single-member limited liability companies, which are an exemption to the rule that most firms are required to acquire an EIN, may instead use the owner’s Social Security number.

Licencing and permits

Although Georgia does not mandate that all enterprises get a general business license, the state does mandate that numerous specific firms and professions obtain licenses.

You may look for Georgia licensing procedures on the page dedicated to licensing on the website of the Georgia Secretary of State, complete a license application if one is required, follow your progress, and do a lot more.

In addition, the license requirements of certain local governments may be mandatory. Be careful to become yourself acquainted with the standards that are specific to the place that serves as the headquarters for your company.

Other types of licenses for businesses might be either federal or sector-specific. Either do the necessary research to determine which licenses and permissions for businesses your company needs, or employ a firm to carry out this task on your behalf.

7. Annual Renewals filings

In Georgia, limited liability companies (LLCs) are required to file their Yearly Company Registration between the 1st of January and the 1st of April of each year. The price is $50, plus a late service fee of $25 will be added to your total if you do not submit your registration by the deadline.

The following must be completed each year in order to maintain your registration:

• The identification number for the control registration, or the name of the firm
• Your email
• The registrant’s name
• The identity and location of the registered agent
• This is the postal address for the major office.
• Methods of payment that are acceptable.

At the moment, money orders, money transfers, and bank cards may all be used to make payments in Georgia. Include the 3 number code whenever you make a purchase with a credit card. The process may be completed successfully by following the instructions provided on the official website.

See here for more information on how to submit an annual report for an LLC.

Fees and next steps

Fees

Starting an LLC (limited liability corporation) online in the state of Georgia will set you back a minimum of $100. The Georgia Corporations Division receives payment for this charge on a regular basis. Online filings for LLC approvals in Georgia may take anywhere from seven to fourteen business days, while mail-in file approvals can take anywhere from four to five weeks.

Next steps

When you register a limited liability company (LLC), you establish a legal basis upon which to operate your firm. Companies should make it a priority to maintain their limited liability company in compliance with state regulations and in an active position on the state’s website.

In addition, having a registered limited liability company enables you to perform the following:

• Register your company with the department of revenue in your state.
• Create a commercial bank account for your LLC.
• Create a credit card account for your company.
• Invest in insurance coverage for your company.
• Create a trademark to protect both your company’s name and its logo.
• Obtain any permissions or licenses that are required to run your business, such as those issued by the health department, the zoning department, the department of home occupations, the department of professional licensing, and so on. Some states need a seller’s permission to conduct sales

LLC setup with pro services or by oneself?

To establish a limited liability company (LLC), you are not required by law to consult a lawyer. The majority of states enable the establishment of LLCs via the process of registering the commercial enterprise on the website of the secretary of state and with the Department of Internal Revenue (IRS).

If you are not acquainted with the process of forming an LLC, your best bet may be to hire a professional LLC provider so that you can be certain that the creation will go smoothly and quickly.

When entrepreneurs start a new firm, they may save startup costs and save valuable time by using a professional agency that specializes in company formations. They can take care of the things that you may not have time to think about for a price ranging from $50 to over $500, and some examples of such things are as follows:

• Developing an operating agreement for an LLC that details your company’s who, what, when, where, why, and how, and putting it into writing (required in some states).
• Putting together articles of incorporation that identify the management of the LLC, the registration agent, and the date the company was formed.
• Taking up the role of registered agent for your firm.
• Keeping careful records in the event that there are investigations or litigation.
• payment of filing fees and registration with the appropriate parties.
• Registering the name of your firm and ensuring that the name you choose for your limited liability company is accessible.
• Finishing up and turning in all of the necessary legal and formation documentation.

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