Check out this handy guide to set up an LLC in Georgia.
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by Rudri Bhatt Patel
Rudri Bhatt Patel is a former attorney turned writer and editor. Prior to attending law school, she graduat...
Updated on: August 4, 2024 · 5 min read
A limited liability company (LLC) offers liability protection and tax advantages, among other benefits for small businesses.
LLC formation in Georgia is easy. Just follow these six steps, and you'll be on your way to getting an LLC started, and running your business in no time.
You'll need to choose a name to include in your articles before you can register your LLC.
Names must comply with Georgia naming requirements. The following are the most important requirements to keep in mind:
See a complete listing of Georgia's naming rules.
Georgia requires you to appoint a registered agent for your LLC.
A registered agent is the person or entity authorized to receive service of process and other official legal documents and notices on behalf of your LLC.
A registered agent can be a person (including yourself or an employee of your LLC) or an entity that offers a registered agent service. They must meet the following criteria:
The Articles of Organization is a document that officially establishes your LLC by laying out basic information about it.
Prepare Articles of Organization and file them with the Georgia Secretary of State Corporations Division Corporations to register your LLC properly. Though it sounds like a big job, that simply means filling out a relatively simple online form and submitting it. You can also send it by mail.
To prepare your articles via mail, you need the following:
To prepare your articles online, you need to file a completed Transmittal Informational form Georgia LLC. The form should include the following:
Once you file your Articles, the secretary of state will review the filing. If the articles are approved, the LLC becomes a legal business entity.
When the secretary of state receives your articles of organization, your business officially starts. Within five to seven business days, the secretary of state will process your filing and mail a certificate of organization to your business address.
This certificate will allow the LLC to obtain an Employer Identification Number (EIN), business licenses, and business bank account.
An operating agreement is a document that outlines the way your LLC will conduct business.
Whether or not your state requires it, an operating agreement is an essential component of your business. Having a readily accessible, written operating agreement is helpful for various reasons, including settling disputes that may arise over financial agreements and other potential litigation. Without an agreement in place, the courts make determinations based on state law, not necessarily what is in the best interest of the LLC and its members.
The operating agreement can include, but is not limited to, the following:
The nine-digit Employer Identification Number (EIN) is assigned by the Internal Revenue Service to identify your LLC for taxes. You can obtain your EIN by mail or online through the IRS.
The purpose of an EIN is to assist with the following:
Registering your LLC gives you a legal foundation to conduct business. Plan to keep your LLC compliant and in active status on the state's website.
In Georgia, to remain in good standing, the annual registration is due between January 1 and April 1 of the year following the calendar year in which the LLC was formed. This registration must be filed online.
You also need to maintain a registered agent and quarterly tax payments for your business. Depending on how you elect your LLC to be taxed, you may be responsible for annual corporate tax and net worth tax. State and various federal taxes may apply.
A registered LLC also makes it possible for you to do the following:
Every state has different rules, costs, and considerations for LLC formation.
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