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What are the requirements for forming a limited liability company (LLC) in Georgia?

Picture of Chris Battis By   ·  1 minute read

To form a limited liability company (LLC) in Georgia, you must follow certain requirements outlined by the Georgia Code.

  1. Name Your LLC: The first step in forming an LLC is choosing a name that is not already taken. Georgia law requires that the name of a limited liability company must include the words "limited liability company" or the abbreviation "LLC." The name must also not be the same as, or deceptively similar to, any other business name registered or reserved with the Secretary of State.
  2. File Articles of Organization: Next, you must file Articles of Organization with the Georgia Secretary of State. The articles must include the following information:
    • The name of the LLC
    • The LLC's registered agent and registered office address
    • The LLC's business address
    • The name and address of each organizer
  3. Appoint a Registered Agent: Every LLC in Georgia is required to have a registered agent. The registered agent is responsible for accepting legal documents on behalf of the LLC. The registered agent must have a physical address in Georgia.
  4. Create an Operating Agreement: Although not required by law, it is highly recommended that you create an operating agreement. The operating agreement is a legal document that outlines how your LLC will be managed and operated. It can help prevent disputes among members and can protect your personal liability.
  5. Obtain Business Licenses and Permits: Depending on the nature of your business, you may need to obtain certain licenses and permits before you can legally operate. You can find more information on these requirements by contacting the Georgia Secretary of State and the relevant licensing agencies.
  6. Pay State Fees: Finally, you must pay the required state fees. As of 2021, the filing fee to form an LLC in Georgia is $100.

In summary, forming an LLC in Georgia involves choosing a name, filing Articles of Organization, appointing a registered agent, creating an operating agreement, obtaining necessary licenses and permits, and paying state fees. It is recommended to consult with a licensed attorney to ensure compliance with all legal requirements and to protect your personal liability in the event of a legal dispute.