Georgia LLC

Our Guide to Starting a Georgia LLC

Our complete guide breaks down how to start a Georgia LLC with simple, easy-to-follow instructions:

1. Select a Name

2. Choose a Registered Agent

3. Complete the Articles of Organization

4. Complete the Transmittal Information Form

5. File the Documents with the Georgia Secretary of State

1. Select a Name

The first step in starting your Georgia LLC is selecting a name. By law, the name of your Georgia LLC must include the words “Limited Liability Company” or an appropriate abbreviation such as “LLC.” Your LLC’s name must also be unique from other registered Georgia businesses.

How do I know if my chosen LLC name is available?

To see if your chosen LLC name is available, you can search the Georgia business name database. Simply enter your desired LLC name into the search box and click “Search.” If your name is available, you’ll see a box that reads “no data found.”

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 can’t simply 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” unless you have permission from the relevant authority.

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 $35.

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 and state notices on behalf of your LLC. This person or entity must be available in at a physical location in Georgia during normal business hours, Monday through Friday.

Can I be my own registered agent in Georgia?

Yes. You can act as your own registered agent in Georgia. However, doing so will put your privacy at risk. How? You will be required to list your physical address on the Articles of Organization, which is public record.

You can also hire us to serve as your registered agent for just $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 of 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 LLC organizer
• 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

Who is my LLC organizer?

The organizer is the person who submits the Articles of Organization. This can be a member or manager of your LLC or an authorized third party, such as a registered agent service.

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

The filing fee for Georgia Articles of Organization is $110.

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

Your Articles of Organization, Transmittal Form, and $110 filing fee must be submitted to the Georgia Secretary of State, Corporations Division.

How can I file the Georgia Articles of Organization?

You can file your Articles of Organization online or via mail. Online filings are processed within seven days, while paper filings are processed in 15 business days.

Online:
Georgia Division of Corporations

By Mail:

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 a paper form, you can pay with card, check, or money order. Online filing fees must be paid with a card. The Georgia Secretary of State does not accept cash payments.

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: $120
• Same-day (if filed before noon): $275
• One hour (if filed between 9 am and 4 pm): $1200

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.

Once the LLC is officially formed with the Georgia Corporations Division, there are a few additional steps to make sure it is operational.

These steps include:

1. Obtaining an EIN

2. Opening a business banking account

3. Looking into business license requirements

4. Filing your annual report

5. Getting your business online

1. Obtain an Employer Identification Number (EIN)

You may need to obtain an Employer Identification Number (EIN) after you’ve file the Articles of Organization. An EIN is like a social security number for your business. It is a unique nine digit number, issued by the Internal Revenue Service (IRS), for federal tax purposes.

Getting an EIN is easy, quick, and free. Visit the IRS website to get one today.

Is it necessary that I get an EIN for my Georgia LLC?

It is possible that your LLC may not require an EIN. For example if you are creating an LLC as a holding company, you may not be required to have one. However, if you plan to hire employees or need to file specific tax returns, such as alcohol or firearms, obtaining an EIN is a necessary step.

If I don’t live in the US, can I still get an EIN?

Yes, you can still get an EIN if you don’t live in the US. If you don’t have a social security number, you’ll need to apply for your EIN by mail, fax, or over the phone. It may take several months to receive your EIN.

2. Open a business bank account

Opening a business bank account is one of the most important things you can do to solidify the separation of your personal assets from the debts and liabilities of your company.

What do I need to open a business bank account in Georgia?

To open a business banking account for your LLC, most banks require that you provide an EIN and an operating agreement. However, some banks may require other materials. It is a good idea to call ahead and check what else you might need so you can be prepared beforehand.

Note: Many banks in Georgia 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.

3. Look Into Business License Requirments

Some industries may require that you obtain certain business licenses to operate. These requirements can vary by jurisdiction. It’s always a good idea to double check with overseeing agencies and make sure you have everything you need to legally operate.

4. File Your Georgia Annual Report

After you form your Georgia LLC and solidify your business, you will need to complete your annual registration ($60). The window to complete your annual registration begins on January 1 and ends on April 1.

How do I complete my Georgia annual registration?

You can complete your Georgia annual registration online via the Georgia eCorp website. To file a paper form, just select “Print Annual Registration Form.”

What if I file my annual registration late?

There is a $25 late fee if you file your annual registration after the April 1st deadline. If you are delinquent for 60 or more days, the Secretary of State could administratively dissolve your LLC.

Can you file my annual registration for me?

Absolutely! In fact, we’ll automatically enroll you in our Renewal Service, which means we’ll take care of your annual registration each year. You’ll receive reminders before the filing deadline, so if you decide you want to file your annual registration yourself you can easily cancel this service.

5. Get Online and Connect to Clients

Most businesses will want a website to market their company and ensure clients can easily find them. Additionally, companies will want a dedicated phone number for their company to communicate professionally with partners, customers and more.

How can Georgia Registered Agent help?

When you hire us to form your company or serve as your registered agent, we include Georgia Business Identity. This gives you a web domain (FREE for a year), plus a website, business email, and phone service (FREE for 90 days, then $9/month per service) so you can get online instantly. After 90 days, only keep the services you want, or save 20% when you bundle the Business Identity package ($21.60/month total).

Phone service includes a local Georgia number and business line you can use on your own device by downloading our iOS or Android app. There are no contracts, and you can cancel Business Identity services at any time from your account.