How to Conduct a Georgia Business Search

Starting a new business in Georgia requires minimal paperwork compared to some states.

Georgia limited liability companies (LLCs), partnerships, and corporations, including S corporations and C corporations all are required to register with the Georgia Secretary of State. This starts with searching for and winning approval of a business name the Georgia Secretary of State accepts.

How to search for a new name for your business

To begin your Georgia business name search in preparation for registering your business, choose a business name that both suits your business and isn’t already in use. In Georgia—unlike some states—the new business name for your entity must be unique, with nobody else in the state using the same or even similar names. Georgia has strict rules about the uniqueness of business names. Here is a summary of the most important things to know as you begin your business name search.

 Rules for getting a Georgia business name right

• Business names must use the English alphabet. Even if your restaurant will sell authentic Japanese food, its name can’t be in Japanese characters.
• The name of your business can’t be easily confused with other businesses. The Georgia Secretary of State Corporations Division will decide whether a name is “distinguishable,” but in general, small changes won’t be allowed.
• Altering the punctuation or typeface won’t distinguish your company’s name. For instance, switching "And" for "&" won’t work. “The Pet Store, LLC” doesn’t distinguish it from “The Pet Store, Inc.”  Phonetic spellings of the same word will be rejected. Dog Store isn’t distinguishable from the Dogz Store, and adding a suffix like “the” doesn’t help.
• The name can’t sound like it is a government entity. Georgia State Works probably won’t be acceptable.
• The business name cannot imply unlawful practice or conduct. A name like Legal Heroin might get the boot by the corporations division in Georgia.
• These names associated with the insurance industry are restricted by the Corporations Division of the Georgia Secretary of State and require special approvals: Insurance, Assurance, Fidelity, Surety, Indemnity, Reinsurance. There are also restrictions associated with banking, including bank, banc, banque, banker, banking, banking company or banking house, bancorp, bankruptcy, savings and loan, credit union, trust or trust company. Also, you can’t call a company a college or university without special permission.
• Make certain the name you choose doesn’t infringe on the trade or service marks of an existing company in or out of Georgia. Calling your computer repair company Microsoft Services won’t fly with the corporations division.

Next steps in completing your Georgia search

You can pick up to three names to consider. Put your preferred names into the free Georgia corporations search to see if one or more of your search names is available. If the result of your search of the state website is "no data found," that potential company business name is likely available for use for new Georgia businesses. This is a very helpful tool.

Get the Georgia Secretary of State to approve 

File a name reservation form with the Georgia Secretary of State. Start by creating an account. Include your top three name choices in order of preference and pay a $25 filing fee. The Secretary of State will perform a name search. If your first search choice is taken, the agency will search your second and third choices. Search processing time is seven business days unless you pay extra to expedite the search services.

If all three of your search options are taken, you’ll get a rejection by mail or email. The notice includes instructions for refiling a different name at no additional charge. You can just go to your account and renew your search.

If one of your corporate or LLC desired names is approved, the Secretary of State will reserve your proposed name for 30 days. You can extend that name reservation for another 30 days. Extended name reservation costs another $25. If you choose to file on paper, the cost for an extension is $35. Filing online is the easiest way.

Georgia Secretary of State business search contact information

Here are some details to make this search easier. 

Website: ecorp.sos.ga.gov/businesssearch

Address: 2 MLK Jr. Drive, Suite 313, Floyd West Tower, Atlanta, GA 30334-1530

Hours: Monday-Friday, 8 a.m. to 5 p.m. Eastern Time

Business email: corporations@sos.ga.gov

Why conduct a Georgia business search?

There are consequences to not registering.

Unregistered businesses don’t get the legal protections registered business do, including limited liability. This can leave you personally vulnerable to any debts or liabilities incurred by the business. It can also mean your business is vulnerable to lawsuits. Registration provides quick and easy protection, and it can offer a huge benefit. 

Other things to consider in your name search

Will you be using another name?

If you're doing business under a different name from the legal name you just created, then you must register that name by filing a "Doing Business As" or "DBA" with your county's Clerk of the Superior Court. For sole proprietors and partnerships, the legal name is the name of the owner(s). For corporations and Georgia LLCs, the legal name is the name filed with the Secretary of State when you formed your business. You might want to create a DBA if you want to extend the corporate or LLC name to include other services or designate another name for an additional location.

Georgia requires you to publish notice of your DBA in a local newspaper. The Georgia Superior Court Clerks' Cooperative Authority website has the names of the official publications for each county, as well as additional instructions for filing.

How about your website?

Most businesses also will require an online presence, so register an appropriate domain name with a company that handles domain name registrations. The company will verify that your desired name is available and purchase or reserve it.

Don't take trademarks for granted

To avoid trademark infringement issues, do a federal and state trademark search to ensure the name isn’t too similar to another name already in use. Selecting a name that’s too similar to another company can result in an expensive lawsuit for trademark infringement. Trademarks can include both the name and the logo. Also, note that even colors associated with a company can be trademarked.

Consider a registered agent service

If you are starting a Georgia LLC or even a small corporate entity, consider hiring a registered agent service. This is important if you don’t have a formal office for your business. It is smart even if you intend to work remotely just part of the time. Having a place to receive mail that will inform you immediately of any mail is a requirement for a Georgia LLC.

You can use your home address for your LLC name, but there are personal risks associated with doing so. Having a registered agent will keep strangers from your door. 

FAQs: Starting a business in Georgia

Where do I get a business license in Georgia?

Business licenses in Georgia are granted by the city or county where your business is located. Contact your local business licensing office, which is usually at city hall. If you have questions about business licenses or local registration, contact the Chamber of Commerce. It can be very helpful.

What if I am a sole proprietor or a partnership?

In Georgia, businesses operating as sole proprietorships or simple partnerships don’t have to file any legal documents. Just hang out a shingle. There are downsides, including personal liability if you are involved in a lawsuit. A sole proprietor also may end up paying more business taxes than someone who chooses a more complicated structure for their business entity.

What if I want to change the name later?

To form a corporation in Georgia, you must file articles of incorporation. You can change the company's name by filing an amendment to your articles of incorporation. An LLC is formed by filing articles of organization. To change the entity's name, file an amendment to the articles of organization.