How To Form an LLC in Georgia

The cost of operating an LLC in Georgia varies depending on the type of business you conduct, the kinds of licenses or permits you must have, and the taxes, fees, or other expenses that apply to your business. A list of common filing fees for LLCs in Georgia can be found on the Secretary of State's website.

When you first register your business, you are required to pay a $110 fee to file your articles of organization.

Every year your LLC remains in business, you must pay an annual registration fee of $50. If you file your annual registration by mail, there is an additional $10 fee. If you do not file your annual registration by the April 1 deadline, you're required to pay a $25 late fee. Additionally, you will pay business licensing fees charged by the county or city in which your LLC's primary place of business is located. These vary depending on your LLC's profits, business type, and location.

Single-Member LLC: Single-member LLCs (SMLLC) are limited liability companies with only one owner/member. This individual is responsible for running the business and paying its taxes. Individuals operating their business as a sole proprietorship often decide to make the transition to a single-member LLC in order to protect their personal assets and avoid personal liability.

Multiple-Member LLC: In Georgia, an LLC can also be owned by one or more members who can manage the business. Alternatively, members can also choose other individuals who may or may not be LLC members to manage the business.

Professional LLC: Healthcare and legal professionals such as doctors or lawyers often open their own businesses as professional LLCs (PLLCs). However, Georgia does not include an option for filing a PLLC. Instead, Georgia law allows professionals to create a traditional LLC, professional corporation, or professional association.

To form an LLC in Georgia, you must file articles of organization to register your business. Your articles of organization are considered a type of charter document that verifies your LLC's legal formation. They can be required to open a business bank account, apply for a loan, or otherwise show your LLC's validity in Georgia. If you need your articles of organization, you should have a copy from your initial filing. You can also request a certified copy from the Secretary of State for a $10 fee.

In Georgia, instead of a certificate of good standing, you can use a certificate of existence to verify your LLC is properly registered and has complied with all the state's requirements. You may be asked to provide your certificate of existence if you are trying to secure financing for your business or want to register it as a foreign LLC in a different state. You can request your certificate of existence from the Secretary of State online for $10 or by paper for $20.

To form an LLC in Georgia, you should:

• Choose a valid business name
• Select a registered agent
• Have a valid email and principal office address
• File articles of organization and pay the filing fee
• Apply for a business license with your local city or county

There are certain advantages to forming an LLC. You can have limited liability protection for your assets and flexibility regarding how your organization is taxed. If you have a sole proprietorship or partnership and are interested in these benefits, you might want to consider LLC formation.

Every year you must file your annual registration with the Secretary of State and pay the fee. You also have to renew your local city or county business license and pay their fees each year. You should be sure to report and pay any federal, state, or local taxes as well.

No. In Georgia, instead of a certificate of organization, you are required to file articles of organization to form an LLC in the state. You are not required to have an operating agreement for an LLC in Georgia. An operating agreement is an optional internal document that establishes policies and procedures in writing for your business. It does not need to be filed with the state and is for the LLC's members.

If your business operates under a trade name that is different from its registered name, you can file a DBA (“doing business as") with the county clerk of superior court where your LLC is located. Before filing your DBA, confirm the name you want to use is available by searching the county trade name records from the Clerk of Superior Court.

You might need to get business licenses or permits for your LLC, depending on the type of business you're operating. In the state of Georgia, business licenses are handled by the county or city where your business is located. Contact your local chamber of commerce to learn more about business licenses in your county.

You can register your LLC online by visiting the Secretary of State's online services page. Be prepared by gathering the information you need:

• Name of your LLC or the name reservation number
• Name and address of the person filing your LLC
• Valid email address
• Mailing address of the LLC's principal office
• Name and address of the registered agent
• Name and address of each organizer (if applicable)
• Any optional provisions you want to add to your articles of organization
• Form of payment for registration fee

The Georgia Secretary of State's physical address is:

Office of the Georgia Secretary of State
214 State Capitol Atlanta, Georgia 30334

The mailing address is:

Office of the Georgia Secretary of State
2 MLK, Jr. Drive
Suite 313 Floyd West Tower
Atlanta, Georgia 30334-1530

You are required to maintain a registered agent in Georgia. A business entity cannot be its own agent so you can designate a registered agent service to receive any service of process, legal documents, or other official communication on behalf of your LLC. The registered agent's address must be a street address in Georgia, and the agent must be located at that address.

An LLC formed under the laws of Georgia and accepted by the Georgia Secretary of State is a domestic LLC.

For your LLC to do business in another state, you must register as a foreign LLC in that state, usually by submitting an application to the Secretary of State there. You will likely have to confirm your LLC's good standing in Georgia by providing your certificate of existence. You will also be required to pay that state's fee for registering as a foreign LLC.

LLCs that were first formed in another state can also operate in Georgia by registering as a foreign LLC with the Georgia Secretary of State. If your LLC was initially formed in another state, you can do business in Georgia by registering your foreign LLC online with the Georgia Secretary of State's online services page. Or you can apply by mail or hand delivery for a certificate of authority to transact business as a foreign LLC in Georgia. The filing fee is $225 (plus a $10 paper filing service).

If you want to voluntarily dissolve your LLC, you should complete and file a certificate of termination form with the Georgia Secretary of State. There is a $10 service charge for filing in person or by mail and no fee for filing online. The certificate of termination must be signed by a member, manager, or organizer. If the LLC does not have members or managers, it must be signed by a court-appointed fiduciary or attorney-in-fact.

An anonymous LLC does not disclose LLC members' names in their articles of organization. The only states that permit anonymous LLC formation are Delaware, Nevada, New Mexico, and Wyoming. If you would like to protect your privacy while getting your business up and running, use a professional registered agent service to receive your service of process.