How To Form an LLC In Georgia
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1. Choose a Name for Your Georgia Limited Liability Company
Check for an Available Name for the LLC in Georgia: As part of your preparations to form an LLC in Georgia, you will need to find a unique name for your company. You will have to search databases online and other records before you file so that you can be sure that the name that you want to use for your LLC is available and not in use by another LLC in the state. You can search a business entity database online at the official website of the Georgia Secretary of State: Georgia LLC.
Reserve a Name for Your Georgia LLC: You don’t need to reserve a name before you file to form an LLC in Georgia, but you can reserve a name before you file by submitting a name reservation application to the Georgia Secretary of State. You can submit an application online at Georgia LLC. The name that you have chosen for your LLC will then be reserved in the state of Georgia for 30 days. There is a fee of $25.00 to reserve a name for an LLC in Georgia.
Filing for Trademarks Protection and Doing an LLC Name Search: Once you search databases and other records, you may find that the name that you want to use for your LLC is available in Georgia but in use by another company somewhere else in the country. You may find that there are restrictions on your use of the name that you have chosen for your LLC. You can learn more about choosing a name for your LLC at how to choose a name for your llc.
Georgia LLC Name Requirements: The name that you choose for your LLC needs to include the designation "LLC," “L.L.C.,” or "Limited Liability Company." You should keep in mind that the term “LLC” stands for “Limited Liability Company” and not “LLC Corporation, “Limited Liability Corporation,” or anything else related to a corporation. Limited Liability Companies are structured differently than corporations.
2. Find a Registered Agent in Georgia
During your preparations to form your Limited Liability Company in Georgia, you will need to select a registered agent that will act as an agent for service of process and will receive all tax documents, legal notices, and other official notices for your company. There are corporate service companies that exist to provide registered agent services to LLCs. There is generally a fee of between about $75.00 and $150.00 for this kind of service.
3. File Articles of Organization with the Georgia Secretary of State
Minimum Requirements for the Articles of Organization: The Articles of Organization that you file for your LLC should contain the name of your LLC and the names and addresses of the managers of the LLC. The Articles of Organization should be signed by the organizer before you submit the document. You can file online at Georgia LLC.
Other Georgia Legal Provisions: You will want to consider including additional clauses besides the minimum requirements listed above when you create your Articles of Organization. A lawyer can help you to create Articles of Organization that includes additional clauses that are relevant and beneficial for your company.
Where to Submit the Articles of Organization for Filing: You can file Articles of Organization for your LLC online at Georgia LLC.
Filing Fee: The fee to file Articles of Organization in Georgia is $100.00.
4. Form a Georgia Limited Liability Company Agreement (Operating Agreement)
After you have formed your Limited Liability Company in Georgia by filing Articles of Organization, you will need to create an LLC Agreement. An LLC Agreement governs aspects of an LLC and actions between the members of the LLC. An LLC Agreement must be signed by all the members of the LLC. In general, LLCs are operated in a less complex way than corporations are operated. The details of the LLC Agreement that you create for your company will depend on factors like the number of people involved, how much money is being invested, how the money will be distributed, and whether the company will be managed by a manager or by the members. The details of your company’s LLC Agreement also depend on the purpose of your LLC. The LLC Agreement of an LLC that will be used to operate a retail store will most likely be different than the LLC Agreement of an LLC that will be used to own and develop real estate. A lawyer and an accountant can help you to create an LLC Agreement that is in compliance with all state requirements and federal tax laws.
You will also need to create or file other documents after you have formed your LLC in Georgia. You may need to make securities filings, obtain an EIN from the IRS, and obtain a business license. There are corporate services companies that can make these kinds of filings for your LLC for a fee. You can learn more about how to get a business license in your city through our online guide at http://www.cityapplications.com/business-licenses.html.
5. Qualify your Georgia LLC to Do Business in Other States
You will need to find out what you need to do to register or qualify your LLC to do business in your home state if your main office is located in another state. In most states, LLCs need to qualify in order to do business there. You will probably be required to pay taxes in your home state as well. You can go to [Qualifying to Do Business in Other States] to learn more about what you need to do to qualify your LLC to do business in another state.
6. Make Annual Filings and Pay Annual Taxes in Georgia
You need to file an annual report in Georgia for your LLC. The report is due between January 1st and April 1st of each year. There are a few ways to file this report. You will be able to file by mail or file online at Georgia LLC. The filing fee is $50.00 for this report. You also need to file a tax report and pay taxes annually once you have registered your LLC in the state of Georgia. Visit the official website of the Georgia Department of Revenue at Georgia LLC to learn more about the taxes that will apply to your LLC and to download tax forms.
It can be a fairly complex process to form an LLC, especially when more than one person is involved. An accountant and an attorney can help you with this process so that you can feel confident that an LLC is right for you and that all your paperwork will be processed correctly.
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This site is for informational purposes only and does not constitute legal, financial or tax advise. The information on this site should not be relied upon as an official source of information and should be independently verified.