Georgia Secretary of State LLC: Everything You Need to Know
Business services handled by the Georgia Secretary of State: LLC filing, corporation establishment, and formation of non-profit organizations in the state.3 min read
Georgia Secretary of State
Business services handled by the Georgia Secretary of State: LLC filing, corporation establishment, and formation of non-profit organizations in the state.
The Secretary of State in Georgia offers several services to form a business:
- Filing services for corporations and LLCs
- Formation of an LLC
- Filing for a limited partnership
- Foreign qualification, or corporation registration
The office of the Secretary of State in Georgia also manages filing of certain documents and certifications, including:
- Articles of incorporation needed to form a corporation
- Amendment articles
- Articles of organization, used when forming an LLC
- Articles of dissolution
- Qualifying to operate a business in other states, or foreign qualification
- Reserving a name of a corporation
- Certificates of good standing
The Georgia Secretary of State's office is found at:
Georgia Secretary of State
2 Martin Luther King Drive
Suite 315, West Tower
Atlanta, GA 30334
Georgia LLC Articles of Organization General Information
In order to form an LLC in Georgia, you must file your company's Articles of Organization with the Georgia Secretary of State, within the Corporations Division. Articles of Organization can be filed online or by mail. The filing fee is $100, whether you file through the mail or the website.
If you file by mail, it will take 12-15 business days to get approval. If you file online, it takes about seven business days for approval. When filing online, the approval time is shorter and the process is easier, so this method is recommended. Before you file the Articles of Organization, you should search the name of the LLC you want and choose a registered agent.
Filing Instructions for Georgia LLC Articles of Organization:
1. Choose a Name for Your LLC
The state law requires that all LLC names include “Limited Liability Company,” “Limited Company,” “LLC,” or “L.C.C.” The name of an LLC must be distinguishable or different from other registered businesses with the Georgia Secretary of State Corporations Division. Use these sites to search for existing LLC names to figure out if your desired name is available: https://www.llcuniversity.com/georgia-llc/search/ or https://ecorp.sos.ga.gov/BusinessSearch
Before you file, you can reserve the name for your LLC for up to 30 days. The fee to reserve the name is $25 and it can be done through the state website or by filling out a Name Reservation Request form. This form is available on the website of the Secretary of State. You may file without completing the name reservation process.
2. Appoint a Registered Agent
Any LLC operating in the state of Georgia is required to have a Registered Agent. The Registered Agent is either a business entity or individual that is willing to accept legal documents on behalf of the LLC, such as if the LLC is sued. Your LLC's Registered Agent must be a business entity or individual resident with a street address in Georgia as well as hold authorization to operate the business in the state. Choose your Registered Agent for your LLC by going to: https://www.llcuniversity.com/georgia-llc/registered-agent/
3. Prepare an Operating Agreement
Although an operating agreement isn't a legal requirement for an LLC in Georgia, it is highly recommended.
4. Comply With Other Tax and Regulatory Requirements
Other regulatory and tax requirements often apply to LLCs, such as having an Employer Identification Number (EIN), Georgia Department of Revenue, and/or a business license. Any LLC that has more than a single member must have an EIN from the IRS, even if it doesn't have employees. An LLC with one member must have an EIN if you plan to hire employees or pay taxes as a corporation, not a sole proprietorship, or disregarded entity.
The LLC may also need state and/or local business licenses. These regulations are based on the type of business and location in which it will operate. Certain cases require registration with the Georgia Department of Revenue, such as if your business will hire employees or sell goods and collect sales tax.
5. File Annual Registrations
Every LLC operating in Georgia must file the required registration every year and pay a $50 filing fee to the Secretary of State.
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