Articles of Organization Georgia: Everything You Need to Know
The Articles of Organization Georgia is the name of the document filed with the governing agency in the state that establishes your LLC.3 min read
Georgia LLC Articles of Organization General Information
The Articles of Organization Georgia is the name of the document filed with the governing agency in the state that establishes your LLC. You must file the Articles of Organization with the Corporation Division or Secretary of State in Georgia to form an LLC. In order to create an LLC in Georgia, you must file Articles of Organization with the Secretary of State, Division of Corporations.
Articles of Organization filing can be done online or by mail. The fee to file Articles of Organization in Georgia is $100, whether you file online or by mail. The time for approval when you file by mail is 12-15 business days. The time for approval when you file online is seven business days. The approval time is shorter and the process is easier when you file your LLC's Articles of Organization online. Prior to filing your LLC, make sure to choose a registered agent and search existing LLC names in the state.
Filing Instructions for Georgia LLC Articles of Organization: 1. Choose a Name for Your LLC
The laws in Georgia require that all operating LLCs have “LLC”, “Limited Company”, “L.L.C.”, or “Limited Liability Company” in the name. The name of an LLC has to be distinguishable, or different from any other business name that already exists with the Corporations Division of the Secretary of State in Georgia.
Search for existing LLC names at either of these sites:
Before you file, you can reserve the name of your LLC for up to 30 days. Reserving the name requires payment of a $25 fee and can be done by visiting the Secretary of State website or downloading the form and filling it out by hand. You can file for an LLC without reserving the name.
Filing Instructions for Georgia LLC Articles of Organization: 2. Designate a Registered Agent
All LLCs operating in the state of Georgia are required to have a registered agent. The LLC's registered agent is a business or individual that accepts legal documents on behalf of the company, such as if the LLC is sued. In order to serve as the Registered Agent, the business entity or person must have a physical address in the state of Georgia and be authorized to serve the needs of the business. Visit https://www.llcuniversity.com/georgia-llc/registered-agent/ to choose a Registered Agent for your Georgia LLC.
Filing Instructions for Georgia LLC Articles of Organization: 3. Create an Operating Agreement
Although the state of Georgia doesn't require an operating agreement for an LLC, using one is highly recommended.
Filing Instructions for Georgia LLC Articles of Organization: 4. Follow All Regulatory and Tax Requirements
Your LLC may also be subject to other regulatory and tax requirements, such as those imposed by the Georgia Department of Revenue, as well as holding a business license and an EIN, or Employer Identification Number. Even if members don't plan to hire employees, an LLC with more than a single member must have an EIN from the IRS.
For an LLC with just one member, you will need an EIN to have corporation taxation instead of a disregarded entity, or sole proprietorship, or if you plan to hire employees. An LLC may also need additional state and local business licenses, based on the location and business type. For example, you would need to register the LLC with the state Revenue Department if you sell goods and collect sales tax, or you plan to hire employees.
Filing Instructions for Georgia LLC Articles of Organization: 5. File an Annual Registration
Any LLC operating in the state of Georgia must pay an annual fee of $50 and file a registration every year with the Secretary of State. You must start filing the registration form between January 1 and April 1 in the year after the year you filed the initial registration form. The annual form is available on the Secretary of State website.
Filing Instructions for Georgia LLC Articles of Organization: 6. Foreign LLCs Operating in Georgia
If your LLC will do any type of business in Georgia, you will have to register with the Secretary of State, even if your company is located outside the state.
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