Starting a limited liability company (LLC) in Georgia offers liability protection and tax advantages, among other benefits for small businesses. The Peach State is a great choice for LLC formation, with reasonable filing fees, a straightforward application process, and a business-friendly environment.
Ready to join the state’s one million small business owners? Learn how to form an LLC in Georgia with our step-by-step guide and set your new business up for success.
How to form an LLC in Georgia in 6 steps
Georgia LLC registration is straightforward but requires a lot of details, so it’s important to stay organized so you don’t miss anything. Just follow these steps, and you’ll be on your way to getting an LLC started and running your business in no time.
Step 1: Name your Georgia LLC
You’ll need to choose a business entity name to include in your articles of organization before you can register your LLC in Georgia.
Names must comply with Georgia law. The following are the most important requirements to keep in mind:
- Your name must be unique from existing businesses in the state. You can do a Georgia LLC search on the Secretary of State website to determine if a particular business name is available.
- Your name must include the words “limited liability company,” “limited company,” or abbreviations of those words, such as LLC, L.L.C., L.C., LC, Ltd. Liability Co., Ltd. Co.
- Certain restricted words require written approval from government agencies, including terms related to insurance, banking, and education. Check the Georgia Secretary of State’s name reservation guide for the complete rules.
If you aren’t ready to complete your LLC filing but are concerned your name might be taken by someone else, you can reserve it for a $25 online filing fee ($35 if by mail). In Georgia, names may be reserved for up to 30 days by paying the fee and submitting the proper form to the state authority.
Step 2: Choose your registered agent
Every LLC in Georgia must appoint a registered agent. This is a person or entity authorized to receive service of process and other official legal documents and notices on behalf of your LLC.
A Georgia registered agent can be a person (including yourself or an employee of your LLC) or an entity that offers a registered agent service. The registered agent must meet the following criteria:
- Individuals must be a resident of the state.
- Entities must be authorized to conduct business in Georgia.
- The registered agent must have an address in Georgia.
- The registered agent must be onsite and available to accept documents during normal business hours.
Many Georgia LLC owners choose to use a registered agent service like LegalZoom’s for convenience and confidence that they’re not missing important documents. You can also change your Georgia registered agent at any time by filing an amended annual registration.
Step 3: File articles of organization and the Transmittal Information Form
The articles of organization is a document that officially establishes your Georgia LLC by laying out basic information about it. You’ll need to prepare the articles of organization and file them with the Georgia Secretary of State Corporations Division. Georgia’s form is simple and only requires the following:
- Your LLC’s name
- LLC’s name and name reservation number (if applicable)
- The business purpose (NAICS Code)
- LLC’s principal mailing address
- LLC’s email address
- The name and address of LLC’s registered agent
- Your LLC’s effective date (immediate or up to 90 days from filing)
- The name and address of the person filing the articles
- The signature of an organizer, member, manager, or attorney-in-fact.
The filing fee is $100 online or $110 by mail. You can also pay an additional $100 for two-day processing or $250 for same-day processing.
Within five to seven business days of filing your articles of organization, the Georgia Secretary of State will review the filing. If the articles are approved, the LLC becomes a legal business entity and the Georgia Corporations Division will mail a certificate of organization to your business address. This certificate will allow the LLC to obtain an Employer Identification Number (EIN), business licenses, and a business bank account.
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Step 4: Create an operating agreement
Although Georgia doesn’t require you to have an operating agreement, it is an essential component of LLC formation. The operating agreement is a document that outlines the business structure of your LLC and is helpful for various reasons, including settling disputes that may arise over financial agreements and other potential litigation.
The operating agreement can include information about the following:
- Duration of the LLC
- Indemnification and liability clauses
- Information about the articles of organization
- LLC’s name and principal address
- Management of the LLC
- Members and their contribution
- Name and address of the registered agent
- Procedure for admitting new members, as well as outgoing members
- Purpose of the business
- The way profits and losses will be divided
You can create an operating agreement for your LLC by using a Georgia LLC operating agreement template or online solutions that offer customizable guidance, like LegalZoom’s operating agreement service. You can also consult a business attorney.
Step 5: Get an employer identification number (EIN) and open a business bank account
The nine-digit employer identification number (EIN) is assigned by the Internal Revenue Service to identify your LLC for taxes. An EIN allows you to do the following:
- File and manage taxes at the state and federal level
- Open a business bank account
- Hire employees
- Separate your business and personal finances
You can obtain your EIN by mail or online through the Internal Revenue Service. You can also use an EIN filing service, which can help you confidently navigate the IRS rules.
Step 6: Register for state taxes and business licenses
Before you can legally operate, you might need to obtain permits or licenses, including health department permits, zoning permits, home occupation permits, and more. Any business that sells tangible personal property will need a seller’s permit from the Georgia Department of Revenue to conduct sales. If you have employees, you’ll need to register for employer withholding tax and unemployment insurance tax with the Georgia Department of Labor.
If you’re starting a professional LLC that offers a service, you may need a business license from the state licensing board. Georgia requires business licenses for athletics, contractors, cosmetology, counseling, engineers, landscape architects, veterinarians, wellness businesses, and more. The requirements may vary, so check with the Georgia Secretary of State to see what applies to your professional LLC.
Your city or county might also require various business licenses and permits. For example, cities like Atlanta and Savannah require a Business Tax Certificate (general business license) for every business within city limits. Other Georgia counties, including Cobb, Fayette, and Newton require home occupation permits for home-based businesses in residential areas. And all counties will require food service permits for restaurants, food trucks, and other related businesses. Check with your county clerk’s office about your local regulations.
LegalZoom helps you handle every step—from choosing a business name to filing paperwork with your state.
Why choose Georgia to start an LLC?
Georgia is a great state to form an LLC—or any other type of business for that matter. The state’s growing economy and supportive infrastructure have earned it a reputation as one of the most business-friendly states in the country. It’s also home to major cities like Atlanta, Savannah, Augusta, Macon, and Athens, each with its own set of opportunities.
What are the benefits to creating a Georgia LLC?
LLCs protect your personal assets from business liabilities and have fewer reporting requirements than corporations. But there are a number of benefits to creating an LLC in Georgia that you may not get in every state.
- Low start up and maintenance costs. Compared to its neighboring states, Georgia’s LLC filing fees are relatively low. It costs less to form an LLC in Georgia than it does in Florida, Alabama, Tennessee, North Carolina, and South Carolina, while Georgia’s annual LLC fees are similar to or less than most of its neighbors (with the exception of South Carolina, which has no annual registration fee).
- Simple, streamlined application process. Some states require LLCs to file operating agreements, but Georgia isn’t one of them. And unlike other states, Georgia does not require you to include the names and information for every member of your LLC on your articles of organization, making for a relatively quick filing process.
- Quick processing times. Georgia offers a relatively quick turnaround time for processing LLC filings, averaging about 7 days for online filings and about 2 weeks for mail filings.
- Tax benefits. This type of business structure also has tax benefits from pass-through taxation, meaning the business income is reported on your personal taxes.
How much does it cost to start an LLC in Georgia?
The cost to form an LLC in Georgia is at least $100, which is what it costs to file your articles of organization online. This is the minimum, but you might also want to simplify the LLC formation process with a registered agent service, business compliance adviser, or other solutions.
- Name reservation: $25 online filing fee
- Expedited filing fees: $100–$1,000
- Georgia registered agent service: $100–$300 per year
- Operating agreement service: $99 and up
- Certificate of existence: $10 certificate cost and $10 service fee
- Business license and permits: Varies by location and type of business
The total cost of LLC formation in Georgia, therefore, ranges from $100 to about $1,000, with ongoing fees of at least $55 for annual registration and the cost of any business licenses or permits.
Maintaining a Georgia LLC
Setting up your Georgia LLC is a relatively straightforward process, but there are certain steps you’ll need to take after formation in order to maintain your LLC and stay in good standing.
- File annual registration paperwork. Georgia LLCs need to be renewed every year on April 1st. The cost to renew is $55 and paperwork and fees can be submitted online.
- Keep your registered agent up to date. It’s important to keep your registered agent’s information up to date by checking it when you file your annual registration. If your registered agent’s information changes before your annual renewal, you can file an amended annual registration.
- Maintain accurate records. Accurate record keeping helps to prove that your LLC is a distinct legal entity, which ensures you enjoy the limited liability protections it offers. It also helps prove you’re staying compliant with corporate taxes and other legal requirements as dictated by the state.
- Stay up to date on state and local taxes. In Georgia, LLC taxes are reported as personal income on the owners’ federal income tax forms, which can help simplify paying taxes on any profits. However, you’ll also need to stay up to date on any industry-specific taxes you owe. For example, if you own a business that sells taxable goods and services, you’ll be responsible for collecting and paying sales tax to the state.
Mistakes to avoid when forming a Georgia LLC
Even though getting started with an LLC in Georgia isn’t difficult, there are a few mistakes that could potentially cause you some headaches.
- Using a business name that’s already claimed. Trying to use another business’s name for your Georgia LLC could result in your application being denied and may even put you at risk of trademark infringement. Be sure to do a proper business name search first to avoid this frustration.
- Filing your articles of organization incorrectly. The articles of organization is arguably the most important document related to your Georgia LLC, but luckily it is pretty hard to file this document incorrectly since it only contains the name of your LLC and your name and signature. However, in the event that you fill out your LLC name incorrectly, you can correct it by filing articles of amendment with the Georgia Secretary of State’s office, which will require an additional fee.
- Using a personal bank account for business purposes. You technically don’t need a business bank account for a Georgia LLC, but it can still be a good idea to have one. Doing so ensures you have adequate separation of your business and personal assets, which ensures you can enjoy the full liability protection afforded to you.
- Failing to get the required business licenses. License requirements can vary from county to county, city to city, state to state, and by industry. Ensuring you have every license and permit needed under Georgia law is essential if you want to avoid potential fees and penalties.
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Georgia LLC FAQs
How long does it take to form a Georgia LLC?
Forming a Georgia limited liability company usually takes one to two weeks, depending on whether you file your articles of organization online or by mail. The Georgia Secretary of State typically processes online filings in five to seven days, while mail filings may take longer. You can pay an extra fee for faster processing.
Is a publication required for a new LLC in Georgia?
No, while Georgia required corporations to publish a notification of formation in a local newspaper, limited liability companies and foreign corporations are exempt from this requirement.
What taxes do Georgia LLCs pay?
In Georgia, you’ll need to make quarterly tax payments for your business. Depending on how you elect your LLC to be taxed, you may be responsible for annual corporate tax and net worth tax. Check with the Georgia Corporations Division or Department of Revenue to confirm which state and federal taxes apply.
Can I form a Georgia LLC online?
Yes, LLC formation in Georgia is allowed and is also cheaper and faster than filing by mail.
Can I operate my Georgia LLC under a different name?
To transact business using a different name than your LLC's registered name, you’ll need to file a DBA (doing business as). You’ll need to perform a business name search to ensure your DBA isn’t taken, and file your DBA with the Clerk of the Superior Court in your county. You’ll also no longer be exempt from the publication requirement and will need to publish a notice announcing your DBA formation in a local newspaper.
Can a Georgia LLC have multiple owners?
Yes, multi-member LLCs are allowed in Georgia. In fact, there are no limits to the number of members an LLC in Georgia can have. It also doesn’t make Georgia LLC formation any more difficult, since you are not required to list the name of every member on your articles of organization.
How do I dissolve an LLC in Georgia?
To dissolve your limited liability company in Georgia, file articles of dissolution with the Georgia Secretary of State. Filing articles of dissolution is free online, or $10 if filing by mail. While learning how to dissolve an LLC in Georgia is easy, you may benefit from the guidance of a legal adviser, especially if you have any outstanding debts and tax obligations.
Why use LegalZoom for your Georgia LLC
While LLC formation in Georgia is relatively simple, there are a number of benefits to using a limited liability company formation service like the one offered by LegalZoom. LegalZoom can be your partner through every step of your Georgia LLC formation, from conducting a business entity name search, to filing your articles or organization and annual filing fees, to acting as your registered agent. This can save you valuable time as you are setting up your LLC in Georgia, allowing you to focus on other aspects of your business.
LegalZoom can help you file your state's formation paperwork for as little as $0 + state filing fees.
What to do after forming your LLC in Georgia
Once you've successfully established your limited liability company, there are a few other things to think about to keep your business on track.
- Register a domain name. Even if you don’t think you’ll need a webpage, you probably will. At the very least, you should reserve the option of having one in the future by buying your domain name now. Before finalizing your Georgia LLC name, it’s a good idea to check if the URL is available.
- Obtain a certificate of existence. A certificate of existence, also called a certificate of good standing in other states, shows that your business entity is officially registered and in compliance with Georgia’s rules. You can get this certificate online from the Georgia Secretary of State for a $20 filing fee.
- Hire a registered agent service. You can assign anyone you want as a registered agent and you can even act as your own registered agent. However, there are some benefits to working with a registered agent service. Registered agents must be available during normal business hours to receive business correspondence, which can put major constraints on your or anyone else you assign to act as your registered agent.
- Consider a foreign LLC. If you plan to expand your business into other states, you’ll need to register as a foreign LLC in those states. Check with the Secretary of State where you want to conduct business about how to create a foreign LLC.
- File a DBA. You don't want to wait too long after your Georgia LLC formation to file your DBA, especially because you'll need to file your publication notice before you can legally use your new business name.
- Protect your IP. If you have any intellectual property that’s unique to your business, you can consider protecting it with a trademark, copyright, or patent. Protecting your work in this way can make it harder for other companies to steal your original ideas or inventions.
Carolyn Albee contributed to this article.
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