What are the steps I need to take to form a limited liability company (LLC) in Georgia?
To form a limited liability company (LLC) in Georgia, there are several steps you must take:
- Choose a unique name for your LLC that complies with Georgia’s naming requirements. The name must include the words “Limited Liability Company,” or “LLC” for short. Additionally, it must not be the same as, or too similar to, the name of another registered company in Georgia.
- File Articles of Organization with the Georgia Secretary of State. This is the document that formally creates your LLC and provides basic information about the company, including its name, its registered agent and its purpose. You can file online or by mail, and there’s a $100 filing fee.
- Create an LLC Operating Agreement. Although not required by law, it is strongly recommended to create an operating agreement which outlines the structure and operating procedures of your LLC, in order to avoid confusion and disputes among members.
- Obtain any necessary licenses and permits. Depending on the nature of your business, you may need certain licenses, permits and registrations before you can start operating in Georgia. You may apply for these licenses on the Georgia Secretary of State's website.
- Obtain an Employer Identification Number (EIN) from the IRS. This is a unique identification number that is required if you plan to have employees or if you are taxed as a partnership rather than as a sole proprietorship.
- Register for state income tax withholding and unemployment insurance. If you have employees, you must register with the Georgia Department of Revenue to withhold state income taxes from their paychecks, and with the Georgia Department of Labor for unemployment insurance.
- Comply with ongoing requirements. You must file an annual report with the Georgia Secretary of State, update the registered agent information as needed, and keep accurate records and minutes of meetings.
It is important to note that while forming an LLC provides some liability protection to its owners, it does not provide complete protection. Additionally, you may have other legal requirements in your specific industry, so it’s always best to consult with a licensed attorney to ensure compliance with all applicable laws and regulations.