How to Form an LLC in Georgia
The limited liability company (LLC) is a popular business structure among small businesses. An LLC is best described as a combination of a corporation and a sole proprietorship, or general partnership if there is more than one member.
The steps to create an LLC vary depending on state laws, but all states require specific forms to be filed with a government agency. Some states also require LLCs to have an operating agreement in place. In Georgia, for example, an operating agreement isn't required, although it's still a good idea to have one.
Requirements for Forming an LLC in Georgia
In Georgia, an LLC is formed by filing Articles of Organization with the Georgia Secretary of State, Corporations Division. The Articles of Organization must set forth the LLC's name and may include the LLC managers' names and addresses. If filed by mail, you must also submit a Transmittal Information Georgia Limited Liability Form. This additional form must include:
- The LLC's name and address;
- The name and address of the person filing the Articles of Organization;
- The names and addresses of all of the organizers; and
- The registered agent's name and address.
You can conveniently find the required forms by checking out FindLaw's Georgia LLC Formation Package.
All Georgia LLCs are also required to file an annual registration with the Georgia Secretary of State and pay a filing fee.
How to Form an LLC in Georgia: An Overview
Even though each state has similar steps for forming an LLC, there are always subtle differences depending on the jurisdiction. In the following table, you'll find an overview of the steps to take to form a Georgia LLC as well as links to relevant statutes and government agencies.
Georgia Code, Title 14. Chapter 11, Section 14-11-100, et seq. (Georgia Limited Liability Company Act)
|Step-by-Step Process of Forming an LLC||
The following steps must be taken to form a Georgia LLC:
|State Agency in Charge of LLC Formation||
The Georgia Secretary of State is the government entity in charge of business organizations in the state.
Georgia Code, Title 14. Corporations, Partnerships, and Associations
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
How to Form an LLC in Georgia: Related Resources
For additional information and resources related to this topic, please visit the links listed below.
Get Legal Help to Form a Georgia LLC
Although the information above provides a clear guide and helpful links, you may still have questions or may simply want the help of an experienced legal professional when forming a Georgia LLC. If so, get in touch with a skilled business organizations attorney in your area today.
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