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

Picture of Chris Battis By   ·  1 minute read

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

  1. Choose a business name: First, select a name for the LLC and ensure that it complies with Georgia's business naming requirements. The name of the LLC must be different from other business entities registered in the state, and it must include the words "Limited Liability Company" or an abbreviation such as "LLC."
  2. Appoint a Registered Agent: The LLC must appoint a Registered Agent, who will receive legal documents on behalf of the company. The Registered Agent must be a Georgia resident or a business entity authorized to do business in Georgia.
  3. File Articles of Organization: Next, file Articles of Organization with the Georgia Secretary of State. The articles must include the company name, the name of the Registered Agent, the address of the LLC's principal office in Georgia, and the names and addresses of the LLC's members.
  4. Obtain an EIN: An Employer Identification Number (EIN) should be obtained from the Internal Revenue Service (IRS). The EIN is the identification number used by the IRS to track taxes paid by the LLC.
  5. Obtain Local Business Licenses and Permits: Depending on the type of business, certain local business licenses and permits may be required. Contact the local county or city government for necessary licenses and permits.
  6. Draft an Operating Agreement: While not required by Georgia law, drafting an operating agreement is recommended. An operating agreement outlines the LLC's management structure, financial distribution, and operating procedures.
  7. File Initial Report: Within 90 days of registration, file an initial report with the Georgia Secretary of State. The report includes basic information about the LLC, such as the company name, address, and Registered Agent.

Potential limitations include additional filing requirements for certain types of businesses, such as professional or licensed businesses, and the need for additional permits or licenses depending on the nature of the business. Suggestions for further action, if necessary, would be to consult with a licensed attorney to ensure compliance with all legal requirements.