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What steps should I take when forming a limited liability company (LLC) in Georgia?

Picture of Chris Battis By   ·  1 minute read

When forming a limited liability company (LLC) in Georgia, there are several steps one should take to ensure compliance with state laws and regulations. Here is a breakdown of the necessary steps:

  1. Choose a name for your LLC: Georgia law requires that an LLC’s name must include the words “Limited Liability Company” or the abbreviations “LLC” or “L.L.C.” in its name. Additionally, the name must be distinguishable from other businesses registered with the Georgia Secretary of State. You can check the availability of your desired LLC name by searching the Georgia Secretary of State’s website.

  2. Appoint a registered agent: Every Georgia LLC is required to appoint a registered agent who can receive legal and tax documents on behalf of the LLC. The registered agent must have a physical address in Georgia and be available during normal business hours.

  3. File Articles of Organization: The next step is to file Articles of Organization with the Georgia Secretary of State. This document officially registers the LLC with the state and requires basic information such as the LLC’s name, address, and registered agent. There is a $100 filing fee for this document.

  4. Draft an Operating Agreement: Though it is not required by Georgia law, it is strongly recommended that an LLC draft an Operating Agreement. This document outlines the ownership structure, management structure, and other important information about the LLC. Having an Operating Agreement in place can prevent disputes among members and provide clarity in the event of legal issues.

  5. Obtain an EIN: An Employer Identification Number (EIN) is required by the IRS for tax purposes. You can apply for an EIN online or by mail.

  6. Obtain necessary licenses and permits: Depending on the nature of your business, you may need to obtain additional licenses and permits to operate in Georgia. You can check the specific requirements for your business on the Georgia Secretary of State’s website.

It is important to note that these steps are not exhaustive and there may be additional requirements for your specific LLC. Additionally, it is recommended that you consult with a licensed attorney to ensure compliance with all state and federal laws and regulations.