What are the requirements for forming and registering a limited liability company (LLC) in Georgia?
To form and register a limited liability company (LLC) in Georgia, the following requirements must be met:
- Choose a unique name for the LLC that complies with Georgia's business naming requirements. The name must include "Limited Liability Company" or "LLC" at the end and must not be identical to or confusingly similar to an existing business name in the state. You can check name availability through the Georgia Secretary of State's website.
- Select a registered agent who is located in Georgia and authorized to do business. A registered agent is responsible for receiving legal documents and notices on behalf of the LLC.
- File Articles of Organization with the Georgia Secretary of State's Office, along with a filing fee of $100. The Articles of Organization should include the LLC's name, registered agent's name and address, manager's or member's names and addresses, and a purpose statement.
- Obtain any required business licenses and permits from the local and state government, depending on the nature of your business.
- Consider drafting an LLC operating agreement to establish internal rules and procedures for the LLC. Although not required by law, an operating agreement can be helpful for preventing disputes among members and providing guidance for decision making.
It is important to note that the formation and registration process for an LLC can vary depending on the specifics of your business and its location. Consulting with an experienced attorney is recommended to ensure compliance with all legal requirements and avoid any potential liabilities.
Additionally, once the LLC is formed, ongoing compliance with Georgia law is necessary. This includes maintaining accurate and up-to-date records, filing annual reports with the Secretary of State's Office, paying taxes, and complying with all applicable laws and regulations.