Georgia LLC

To form an LLC in Georgia, two formation documents called the Articles of Organization and Transmittal Information Form must be filed with the Georgia Corporations Division (a division of the Georgia Secretary of State). In addition to these forms, you must also pay a $100 filing fee at the time of formation.

Once your Georgia LLC is formed, you are required to file an annual registration and pay a $50 fee to the Georgia Secretary of State each year. In this do-it-yourself guide, we’ll go over what that means, and how to file all your documents correctly.

1. Select a Name

The name of your LLC must include a term that identifies it as such. For example, it must include the words, or an abbreviated version of “Limited Liability Company.” In Georgia, the name of your LLC cannot exceed 80 characters and must be discernible from any other legal business entity on file with the Secretary of State.

How do I know if my chosen LLC name is available, and discernible enough from other names?

Before you register your LLC, it’s a good idea to do a Business Name Search. By searching for your proposed business name in the Georgia Corporations Division’s records, you can easily determine whether that name is already taken, or too similar to a name that already exists in the public record.

What does it mean for a business name to be distinguishable upon the public record?

Names are considered distinguishable when they cannot easily be confused for an existing name. There are four main categories the state considers when determining whether names are distinguishable enough:

• Articles: You cannot add or subtract “a,” “an,” or “the” from an existing name. For example, if you tried to register a business called “A Pawn Shop, LLC” and “Pawn Shop, LLC” already exists, your business name would get rejected. (Similarly, you cannot replace “and” with “&.”)
• Entity type: LLCs and corporations cannot have the same name. If an LLC already exists with the name “Polly’s Popcorn, LLC,” you cannot create “Polly’s Popcorn, Corp.”
• Abbreviations: Simply abbreviating a word doesn’t make it distinguishable. So, “GA Peaches” isn’t discernible enough from “Georgia Peaches.”
• Phonetic Spelling: Similarly, “Skater Boy, LLC” would be too similar to “Sk8er Boi, LLC.”
• Punctuation: Adding or removing a comma and/or periods does not make a name distinguishable…
• Plurals: …neither does adding an ‘s.’

Are there restrictions for LLC names in Georgia?

Yes. Your business name cannot represent certain types of businesses if it does not have the authority to do so. In general, this refers to public and financial institutions. For example, you cannot use words like: “assurance,” “fidelity,” “indemnity,” “bank,” “credit union,” “trust,” “college,” or “university.”

Can I reserve a name before I form my LLC?

Yes. You may reserve a name for up to 30 days before registering your LLC. This can be done online using Georgia’s online filing system, or by regular mail using the state’s Name Reservation Request form. The cost is $25 if filing online, or $35 if filing via paper.

2. Choose a Registered Agent

All LLCs and corporations in Georgia must appoint a registered agent. A Georgia registered agent is someone who accepts legal notices and important documents from the state on behalf of your company. This person or entity must be available in a physical location in Georgia during normal business hours, Monday through Friday.

Can I be my own registered agent in Georgia?

If you have a physical street address in Georgia where you can accept documents delivered to you during normal business hours, you can serve as your own registered agent, but in doing so, your personal information will be made public record.

You, of course, can hire us to serve as your registered agent for $25 a year. We let you use our address on your formation documents which means that your personal information is kept off public documents.

3. Complete the Articles of Organization

The Georgia LLC Articles of Organization is the primary business formation document required to form an LLC in Georgia.

What information is required on the Georgia Articles of Organization?

According to the Official Code of Georgia Annotated § 14-2-120, the Articles or Organization must include the following in formation:

• The name of the LLC
• The date the Articles of Organization are executed
• The name, signature, and capacity of the organizer

The Georgia LLC Articles of Organization must be signed by the organizer. It is not necessary that the organizer of the LLC is a member of the LLC; however, they can be a member or a manager.

• The street address and county of the LLC’s initial registered office
• The name of the LLC’s initial registered agent at that office
• The mailing address of the LLC’s principal place of business

How much does it cost to file Georgia Articles of Organization?

It costs $100 to file articles of organization online. If you’re filing paper documents by mail, you’ll have to pay an additional $10 for $110 total.

Do I need an operating agreement?

Georgia law doesn’t require LLCs to have operating agreements. However, while the operating agreement isn’t filed with any agency, court or the Georgia Secretary of State, it is one of the most important documents for your LLC.

An operating agreement outlines important rules and regulations pertaining to your company such as: ownership, voting rights, and what happens in the event of divorce or death. Typically, these are important things to agree on before everything is finalized. You can draft and finalize your operating agreement at any point during the formation process. But in our opinion, when it comes to operating agreements, the sooner the better.

FYI, if you hire Georgia Registered Agent LLC to process your LLC formation documents, we include a free operating agreement with our formation package.

4. Complete the Transmittal Information Form

The Transmittal Information Form is a business formation form that is required for all Georgia profit and nonprofit business entities.

What information is required on the Georgia Transmittal Information Form?

The Transmittal Information Form must include:

• The primary email address of the LLC
• The name of the LLC exactly as it is listed on the Articles of Organization
• The name and address of the organizer
• The name and address of the registered agent
• The email address of the registered agent
• The signature of the organizer

When you hire us to form your LLC, we take care of filing this form too.

5. File the Documents With the Georgia Secretary of State

Both of these documents, and a filing fee of $100, must be submitted to the Georgia Secretary of State for approval.

How can I file the Georgia Articles of Organization?

You can file your articles of organization online, by via mail or in person. The greatest benefit to filing online is speed. Online filings are processed within seven days, while paper filings are processed in 15 business days.

Online: https://ecorp.sos.ga.gov/

By Mail or In Person:

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

How do I pay for my articles of organization filing?

If you are filing in person, you can pay with card, check, or money order. The Georgia Secretary of State does not accept cash payments. If you are submitting the Articles of Organization for filing via mail, you can pay with check or money order made out to “Secretary of State.” Online filing fees must be paid with a card.

Can I pay to expedite my filing?

Yes. If you need your documents to be processed sooner than the state’s standard processing time of 7-15 business days, you can pay for expedited filing:

• Within 2 days: $100
• Same-day (if filed before noon): $250

Is there any way to keep my personal information off the public record in Georgia?

In Georgia, you are not required to list any personal information on the LLC formation documents. This means that if you hire a registered agent instead of serving as your own, all of your information stays private and off of public record.

Note: Many banks want to see ownership information listed on the formation documents in order to open an account. If this is the case with your bank, you may need to file an amendment before opening an account.

6. File Your Beneficial Ownership Information Report with FinCEN

As of January 1, 2024, most LLCs are required to file a Beneficial Ownership Information (BOI) report with the Financial Crimes Enforcement Network (FinCEN). This report provides the federal government with information about your company and those with the most power over your business and how it operates.

For a deeper dive into how the BOI affects your LLC, see our page on the Beneficial Ownership Information report.

What information is required in the BOI report?

For your LLC, you must provide:

• Legal and DBA names of your business
• Principal address
• Jurisdiction of formation
• Tax ID (SSN, EIN, or TIN)

For those with substantial control over business decisions and LLC members who own at least 25% of ownership interest, you must list:

• Full legal name
• Birth date
• Residential addresses
• Copy of ID (for example, passport or driver’s license)

If your business is formed on or after January 1, 2024, you also need to list the same information for the person(s) responsible for filing your formation paperwork.

When is my BOI report due?

LLCs created on or after January 1, 2024 are required to file within 30 days of formation. However, LLCs formed before 2024 have until January 1, 2025 to file.

How do I file my BOI report, and what does it cost?

You can file your report online through FinCEN at no cost.

Does the information on my BOI go on the public record?

No. This information is only available to authorized parties, such as federal law enforcement agencies.