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What are the laws in Georgia regarding the formation and registration of a limited liability company (LLC)?

In Georgia, forming and registering a limited liability company (LLC) involves several steps and requirements. The process can be completed by individuals or business entities seeking to establish or operate a limited liability company. The following are the legal requirements for forming and registering an LLC in Georgia:

  1. Choose a Business Name: The first step in forming an LLC is to choose a unique business name that complies with Georgia law. The business name should include the words "limited liability company," or "LLC."
  2. File Articles of Organization: To register the LLC, the organizers are required to file Articles of Organization with the Georgia Secretary of State. The Articles of Organization document must contain the name of the LLC, the name and address of the registered agent, and the names and addresses of the LLC members.
  3. Appoint a Registered Agent: Appointing a registered agent is a requirement for all LLCs in Georgia. The registered agent must be an individual or business entity that agrees to accept legal documents on behalf of the LLC.
  4. Create an Operating Agreement: LLCs are not required to have an operating agreement, but it is highly recommended that this document be created as it establishes the management structure and details the financial provisions and member agreements governing the business.
  5. Obtain Required Business Licenses and Permits: Depending on the nature of the business, LLCs may need to obtain certain licenses and permits before they can begin operating legally.
  6. File Annual Reports: Georgia LLCs must file annual reports with the Secretary of State, and failure to do so may result in the LLC's forfeiture.

It is important to note that these requirements may not apply to all LLCs and may vary depending on the type of business and its location. Additionally, there may be certain exceptions or limitations to these requirements for specific business types or situations.

If you are planning to form an LLC in Georgia, it is advisable to consult with a licensed attorney to ensure that all legal requirements are met and to address any specific concerns relevant to your business.