How to Form an LLC in Georgia - 5 Steps | StateRequirement (2024)

If you’restarting a business in Georgia, the first step you’ll need to take is toform a Georgia LLC. AGeorgia LLC will separate and protect your personal assets (that’s what the “limited liability” in a limited liability company means). It will also legitimize your business in the eyes of your potential customers.

This article will walk you through all the steps required to form your Georgia LLCand get your business started on the right foot.Be sure to bookmark this page, as the process may take you a few days from start to finish.

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Steps to Form a Georgia LLC

Forming an LLC in Georgia on your own doesn’t have to be difficult. Just follow these simple steps below and your new business will be up and running in no time!

Step 1. Choose a Name for your Georgia LLC

The first step to forming a Georgia LLC is to choose a name for your business. Deciding on the perfect name for your new business is one of the most crucial parts of starting a company. Choosing a name that’s easy to remember and stands out in search engine results will help you get more customers, which means more revenue, which leads to more growth!

When choosing a name, there are a few searches that you need to complete before you settle on the final option:

1. Georgia LLC Name Search – Search here – This is the database of all “taxable entities” in Georgia. Essentially, your name must be unique to all existing entities in the state.
2. Domain Name Search – Search here – You’ll want to ensure that your business’s name is available as a URL so that you can keep up your branding online. In many cases, the .com name may be taken. If this is the case, you can try adding “modifiers” to your name or use a different TLD (.co, .net, .biz, etc…) until you find an available domain name. Don’t skip this step. Even if you aren’t ready to start a website today, it’s important to register your domain name so that no one else snaps it up in the meantime.

3. Social Media Search – Depending on your business, you may want or need to have a strong presence on the different social media platforms. Even if you don’t think you’re going to use them, it’s still wise to search Facebook, Twitter, Instagram, LinkedIn, and any other socials to see if your handle is available.

Georgia LLC Naming Rules

The Georgia Secretary of State has a few rules when it comes to naming LLCs:

• You must use an LLC designator (ie. “LLC” “L.L.C.”, or “Limited Liability Company”, etc…) in your LLC’s name.
• You cannot use a designator that could confuse your LLC with another business type (ie. “Corp”, “Inc”, “Non-Profit”, etc…).
• To use a term like “bank”, “university”, “law center” or other assuming words in your name, you must obtain approval from the proper authorities. This generally requires that your business hold the correct charters or have members with certain licenses before applying.
• Your name can’t be so similar to another business name that it could confuse customers.

See this Georgia SOS Name Availability Standards page to see the rules and regulations governing the Georgia Limited Liability Company naming process.

It’s worth noting that you should be fairly certain that the name you select is the name you are going to stick with. Changing an LLC’s name isn’t impossible, but there are a lot of headaches and fees associated with the process.

If down the road, you do decide that your LLC’s name no longer serves the branding of your business, a simple solution would be to create an assumed name (also known as a DBA). An assumed name allows you to keep your LLC name the same and operate under a trade name different from the LLC’s.

Once you’ve decided on a name that follows all of the guidelines above, move on to the next step.

Step 2. Assign a Registered Agent in Georgia

The Georgia Secretary of State requires all LLCs to appoint a registered agent.

A registered agent is a person or entity that is assigned to receive tax forms, legal documents, official notices, and any other documents or correspondence from the government on your business’s behalf. This person can be yourself, a friend or family member, another member of your business, or a hired registered agent service.

In order to act as a registered agent, the person or entity must:

• Have a physical street address in Georgia (not a P.O. Box)
• Be available at all normal business hours to accept service of process (official documents)

The registered agent will be assigned to the Articles of Organization when filed.

Should You Be Your Own Registered Agent?

A common question is whether or not you should “be your own registered agent”. Taking this position for your business is absolutely possible, but there are some downsides that you should think about before making this decision.

The first and most important downside in acting as your own agent is that you lose any anonymity that your LLC would have provided you. Since your LLC formation is a public record, this means that your name, address, and any other contact information will be available for anyone to see. This generally results in lots of junk mail, solicitations, and possibly even unwanted visitors at your home address.

The second issue is a bit less common but just as important for some folks. If you don’t have a physical address in Georgia, then you won’t be able to file for an LLC. This affects non-residents or those trying to form a foreign llc.

Fortunately, using a registered agent service solves all of these issues at a very low cost. These service providers hold a physical office in each state and make the process simple for small businesses.

Want to learn more about registered agents? Check out these articles for a deeper dive into their services:

• Why You Need a Registered Agent
• Benefits of a Registered Agent Service
• Best Registered Agent Services
• How to Find a Registered Agent in Another State

Step 3. File Your Georgia LLC Articles of Organization

After choosing your registered agent, the next step is tofile the LLC Articles of Organization with the Georgia Secretary of State Corporations Division. This is the document that actually forms your LLC as a separate legal entity.

With your application, you’ll need to pay theGeorgia LLC Filing Fee: $100.

The simplest way to file the document is online with the Georgia SOS Corporations Division eCorp System. You’ll need to create an account using the name of your business, an active email address, and a credit or debit card that you’ll use to complete your purchase.

If you don’t want to use the online system, you can also apply by mail. If you choose this option, you’ll need to download two separate forms: the Articles of Organization Form CD-030and the Transmittal Information Formfor Georgia LLCs. Fill the two copies completely and accurately. Mail both copies and a check (not cash) for the $100 fee to:

Corporations Division
Georgia Secretary of State
2 Martin Luther King Jr. Dr.
SE, Suite 313 West Tower
Atlanta, GA 30334

Step 4. Create Your Georgia LLC Operating Agreement

Once you’ve filed your Articles of Organization, your next task is to complete your Georgia LLC Operating Agreement.

A Limited Liability Company Operating Agreement is a governing document that lays out the inner workings of your business’s structure. Think of this document as something similar to a prenup, except a lot simpler and less expensive. It will protect the interests of all parties involved in the case of any sort of trouble in the future.

There are six articles in a standard Operating Agreement:

1. Organization – Lays out the members and business structure of the company (ie. single-member, multi-member, series LLC, limited partnership, etc…)
2. Management and Voting – Goes over how the management operates and votes about changes in the LLC
3. Capital Contributions – Discusses initial and subsequent capital contributions made by members
4. Distributions – Explains how the profits and losses will be distributed among members
5. Membership Changes – Outlines how members are added and removed from the company
6. Dissolution – Describes how the affairs of the LLC will be wound up in the event of dissolution

In Georgia, you don’t need to file your operating agreement with the state, but this doesn’t mean that you should skip this step. If you don’t have this document in place and something happens to you or another member, it’s possible that the state could step in to settle any disputes. It’s better to have everything lined up at the beginning, rather than wait until it’s too late.

If your business needs a Georgia Sales Tax License to operate, you will be required to submit your operating agreement in that application. More about tax licenses later.

Step 5. Get an EIN (Employer Identification Number)

The last formation step for your business is to get an EIN (Employee Identification Number). An EIN is essentially like a social security number for your LLC. The IRS issues EINs and will use it to keep track of your business’s tax reporting.

The main reasons that you’ll need an EIN are:

• Opening a business bank account and/or credit card
• Hiring employees
• Tax purposes
• Further separates your personal identity from your business

To get your EIN, head to the IRS EIN Assistant and fill out the form. One of the requirements to obtain an EIN for your business is that you’ll need to enter either your personal Social Security number (SSN) or Individual Taxpayer Identification Number (ITIN). If you don’t have either of these, then you’ll need to jump through a few more hoops to get your EIN.

Steps After Forming Your Georgia LLC

First off, congratulations on forming your LLC! Taking this first big step shows that you are serious about your new business and shows its legitimacy to the rest of the world!

Now that your LLC is formed and you have a separate legal business entity, you’ll need to take care of a few more things before you start selling.

Open a Business Bank Account

The main job of an LLC is to separate the business’s assets from you, the business owner’s personal assets. This separation is called the corporate veil. Essentially, it ensures that if your business is ever sued or has any other financial debts that your personal assets are sheltered from these liabilities. This is where the “limited liability” in LLC comes from.

The easiest way to break your corporate veil is to mix your personal bank account with your business’s. This mixing of funds is called commingling. This opens your personal bank account up to undue exposure and completely breaks the asset protection that your LLC was meant to provide.

The good news is that avoiding this danger is extremely simple. Open a business bank account using your EIN number, transfer any initial funds (keep a record of this transfer), and do your best to never cross personal and business funds in the future.

If you ever need to take money out of the business or invest more of your personal funds in just be sure to keep records of these transactions. This includes the transfers you make when paying yourself a “salary”.

Build Your Business Website

No matter what type of business you operate, you need a website in order for your customers to take you seriously. Almost all businesses transactions today start with an online search, so if you aren’t there to be found then your customers will find your competition. It’s that simple.

Luckily, it’s gotten a lot simpler to build and maintain a website on your own without any prior experience or knowledge of data science or code. Drag-and-drop website builders have improved to the point that anyone can get their business online with about a day’s work.

Get the Proper Licenses, Permits, and Insurance

When starting a business, there are often several licenses and permits required before transactions can begin. Which licenses you need will depend greatly on the type of business you plan to operate and the location.

Georgia Business Licenses and Permits

Finding the specific licenses and permits your business needs to operate will start with a few simple searches. To get started, you’ll need to quickly search the websites of:

• The state-level
• The county-level: Georgia doesn’t require business licenses and permits at the state level, but you may need to get one from your county or city where your business operates. The Georgia Municipal Association: Member Citiesprovides a directory to check what business licenses and permits you need.
• The city-level

Once you’ve identified the different location-based permits, you’ll need to acquire any licenses required by your industry. This includes licenses like the Georgia real estate license, the Georgia insurance license, the Georgia liquor license, etc.

Georgia Business Insurance

Once you’re up and running, it’s important to have the proper insurance policies in place for your Georgia business. Some coverages will be required by the state if you have employees, while others will be required by landlords. Others still are “optional” but widely accepted due to their protective nature.

A few of the most common business insurance policies are:

• General Liability Insurance – Protects against claims of bodily injury, personal injury, or property damage. This coverage is generally required to rent office or warehouse space and to bid on certain jobs.
• Professional Liability Insurance – Protects against claims of inaccurate or negligent work. This coverage is most common in the “professional” space where businesses offer services or advice to other businesses or consumers.
• Workers’ Compensation Insurance – Protects your employees from on-the-job injuries or illnesses. Georgia requires businesses to carry workers’ compensation coverage that has three or more employees.

Register Your LLC for a Georgia State Tax Permit

Certain businesses will need toapply for a Georgia State Sales Tax Permit.

Not all businesses are required to register for sales tax, but if your Georgia-based business engages in any of the following, then you will need to apply:

• If your business sells or leases personal property (tangible items)
• If your business offers taxable services

To apply, you need to register for the sales and use tax at the permit online through theGeorgia Department of Revenue Tax Center page.
LLCs will also be subject to unemployment tax requirements of the Georgia Employment Security Law.

For more information, visit theGeorgia Department of Labor page.

Georgia Annual Report

Georgia requires LLCs to submit an annual report (annual registration) to the Secretary of State. The fee for the annual report is $50. You can file the annual report online or by mail.

The filing for the annual registration with the Secretary of State is between January 1 and April 1 of each calendar year. Georgia fines a $25 late fee if you miss your filing deadline.

This report can be quite complicated depending on your business operations, so we recommend working with a licensed CPA to ensure you are filing correctly.

Georgia Secretary of State Contact Information

Mailing Address

Corporations Division – Georgia Secretary of State
2 Martin Luther King Jr. Dr. SE, Suite 313 West Tower
Atlanta, Georgia 30334
Monday – Friday, 8 a.m. – 5:30 p.m.

Contact Information

Email:Office of Secretary of State Corporations Division
OR
soscontact@sos.ga.gov
Phone: (404) 065-2817