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What legal steps do I need to take in Georgia to form a limited liability company (LLC)?

Picture of Chris Battis By   ·  1 minute read

To form a limited liability company (LLC) in Georgia, the following legal steps must be taken:

  1. Choose a Name for the LLC: The chosen name must be distinguishable from the names of existing Georgia businesses and must contain the words “Limited Liability Company”, or “LLC”.
  2. File Articles of Organization: This is done by filing a completed LLC form with the Georgia Secretary of State. The form includes details about the LLC, such as its name and address, registered agent details, etc.
  3. Appoint a Registered Agent: The registered agent is a person or entity that agrees to accept legal documents on behalf of the LLC.
  4. Obtain an EIN: An Employer Identification Number (EIN) is required for the LLC to open a bank account and conduct other business.
  5. Prepare an Operating Agreement: This document outlines the LLC’s operating procedures, rights, and responsibilities of members, etc. It is not a legal requirement in Georgia, but it is advisable to have one.
  6. Obtain Business Licenses and Permits: Depending on the type of business conducted by the LLC, it might need additional permits and licenses to operate legally.
  7. Comply with Ongoing Requirements: The LLC must file an Annual Report and pay an annual registration fee to the Georgia Secretary of State. The LLC should maintain proper records, including financial statements.

It is important to note that certain additional requirements may apply based on the specific type of business, the number of employees or members, the industry, and other factors. It is advisable to consult with a qualified attorney to ensure compliance with all applicable laws and regulations.

In conclusion, the formation of a limited liability company (LLC) in Georgia requires several legal steps, including filing articles of organization, appointing a registered agent, obtaining an EIN, preparing an operating agreement, obtaining necessary licenses and permits, and complying with ongoing requirements. It is essential to comply with all applicable laws and regulations, and seek the advice of a qualified attorney when necessary.