Do I need a lawyer to Form a LLC in Georgia? |
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The short answer is no.
The state of Georgia does not legally require a lawyer to form a
Georgia Limited Liability Company (LLC).
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The short answer is no.
The state of Georgia does not legally require a lawyer to form a
Georgia Limited Liability Company (LLC).
Our detailed LLC Information page may help you understand some
of the implications of forming a Georgia LLC.
However, if there is anything about Forming a LLC in Georgia
that you're not sure about you should seek the advice of a competent Georgia lawyer, a Georgia accountant,
or a Georgia Business advisor before you form a LLC in Georgia.
Once you have made the decision to Form a LLC in Georgia, a Georgia lawyer
can file your documents and act as a middle man for a few hundred dollars an hour; or you can use an online service provider like All Business Documents
to perform these services and save money that you can use in your new
Georgia Limited Liability Company.
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Do I have to Reserve a Company Name before I Form a LLC in Georgia?
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You are not legally required to reserve a Company Name for a new Georgia LLC before you submit your application to
Form a LLC in Georgia.
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You are not legally required to reserve a Company Name for a new Georgia LLC before you submit your application to Form a LLC in
Georgia.
Whether or not you need to reserve a company name for your new Georgia LLC depends entirely on your business situation.
The Georgia Secretary of State uses names on a first come first served basis.
So if you think that someone may snatch the Company Name that you have in mind, you may want to reserve that Georgia Company Name.
Click here for more information on
Georgia Company Name Reservation
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What if the Georgia LLC Name I want is already taken?
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If the Name you have chosen for your new Georgia LLC is already in use by a currently active
Georgia Corporation or LLC, and you still want to use that LLC Name, then you will have to register a DBA Name with the county recorder in each Georgia county in which you want to do business. "DBA" is an abbreviation for "Doing Business As."
We verify that the Name you have chose for your new Georgia LLC is available before we submit
your new LLC filing to the Georgia Secretary of State.
If necessary we can register a DBA Name in Georgia for you so that you can open your new Georgia business as quickly as possible.
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What do I have to do to Form a LLC in Georgia?
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6 things you have to do in order to Form a LLC in Georgia.
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6 things you have to do in order to Form a LLC in Georgia.
1. Choose a name for your Georgia LLC
2. Select an official address and a Registered Agent for your Georgia LLC
3. Determine who will be Members and who will Manage your Georgia LLC
4. Determine how you want your Georgia LLC to be taxed
5. File Articles of Organization with the Georgia Secretary of State
6. Get a Federal Employer Identification Number (FEIN)
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1. Choose a name for your Georgia LLC
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Your Georgia LLC name can identify the type of products and services your business will provide;
or it may be the name of the founder; or it can be a combination of the two or something else.
In any case, the Georgia LLC name that you choose must be distinguishable from the name of any other registered Georgia LLC or other
registered Georgia business entity, such as a Georgia Corporation or LLP.
The LLC name must also be different from any reserved names on record with the state of Georgia.
Your Georgia LLC name must not imply that it was formed for a purpose other than that stated in your
Articles of Organization;
and your Georgia LLC name must not be a name that is likely to mislead the public.
The name of a Georgia LLC must include the word "LLC" or
"Limited Liability Company" or an abbreviation of one of these words.
It's important to choose a good name for your Georgia LLC because if you want to change it after you
Form a LLC in Georgia you
will have to file amended Articles of Organization with the Georgia Secretary of State (and pay a fee).
We will:
- Check to make sure that your Georgia LLC name is available
- Make sure your Georgia LLC name conforms to state of Georgia regulations
- Reserve your Georgia LLC name with the Georgia Secretary of State
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2. Select an official address and a Registered Agent for your Georgia LLC
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Every Georgia LLC must have an address that is physically located in the state of Georgia.
This address is "registered" with the Georgia Secretary of State.
The Registered Address is where official and legal correspondence can be delivered.
The individual or company that is registered with the state of Georgia to receive all correspondence on behalf of the Georgia
LLC is called a "Registered Agent" or "Agent for Service of Process".
You may act as your own Registered Agent, however, many Georgia LLCs hire a Registered Agent because they don't have a physical
address within the state of Georgia or to provide a distinct level of privacy.
- We can act as the official Registered Agent for your Georgia LLC.
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3. Determine who will be Members and who will Manage your Georgia LLC
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The owners of a Georgia LLC are called Members - not Partners or Shareholders.
(a Georgia Limited Liability Company does not issue stock).
Members make all business decisions and realize the financial benefits generated by the Georgia LLC.
Division of ownership and distribution of profits are decided by private agreement among the Members.
Each Georgia LLC must have at least one Member.
Members need not live in the state of Georgia or be citizens of the United States.
Managers are responsible for the day to day operation of the Georgia LLC.
Members elect or appoint Managers and have the power to remove them.
Managers may or may not be Members of the Georgia LLC.
Management for your Georgia LLC may be defined in your Articles of Organization or, more commonly, in an Operating Agreement.
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4. Determine how you want your Georgia LLC to be taxed
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The IRS does not recognize a Limited Liability Company as a classification for federal tax purposes.
Georgia LLC Members can elect for the IRS to tax the LLC as a sole proprietorship, partnership, C Corporation, or S Corporation.
This decision may be made after the Georgia LLC is created.
If a single Member Georgia LLC does not declare a tax classification it is taxed the same as a sole
proprietorship.
A multiple Member Georgia LLC that does not declare a tax classification is taxed as a general partnership.
More specific federal LLC tax information can be found at the
IRS web site.
- If you choose to be taxed as an S Corporation, we can prepare the S Corporation election form for your Georgia LLC and include it with
your LLC formation documents.
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5. File Articles of Organization with the Georgia Secretary of State
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A Georgia Limited Liability Company is a type of business that is authorized by the state of Georgia - not by the federal government.
In order to form a LLC in Georgia you must file Articles of Organization with the Georgia Secretary of State.
The Articles of Organization must include certain specific information about your Georgia LLC.
If the Articles do not conform exactly to state of Georgia requirements they will be rejected.
You may subsequently amend the Articles of Organization for your Georgia LLC but you will have to pay a fee to the state of
Georgia in order to make the changes official.
- We can prepare and file your Articles of Organization with the Georgia Secretary of State.
We've been doing it for over 10 years.
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6. Get a Federal Employer Identification Number (FEIN)
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A Federal Employer Identification Number, also known as a Federal Tax Identification Number, is used by the IRS to identify a
business entity.
An FEIN is like a Social Security Number for your Georgia LLC.
All Georgia LLCs electing to be taxed as a C-Corporation or S-Corporation are required to have a FEIN.
If you do not elect to have your Georgia LLC taxed as a Corporation you may still need to get a FEIN if it is composed of multiple members or
if you plan to have employees.
If you plan to form a Single Member Georgia LLC you may not need a separate FEIN for the LLC if you have no employees.
The sole Member of a Single Member Georgia LLC may be able to use his or her Social Security Number instead of applying for an FEIN.
You may request a FEIN for your Georgia LLC for banking or state tax purposes, but an FEIN may not be required for federal tax purposes depending
on your business circumstances.
- We can get a FEIN for your Georgia LLC as soon as it is approved by the Georgia Secretary of State.
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What do I have to do after I form my Georgia LLC? |
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5 things you have to do after you Form a LLC in Georgia.
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5 things you have to do after you Form a LLC in Georgia.
1. Conduct an Organizational Meeting and adopt an Operating Agreement
2. Open a Business Bank Account in Georgia for your GA LLC
3. Obtain Business Licenses from the cities and counties in which you plan to do business
4. File the required Georgia LLC reports
5. Keep proper records of your Georgia LLC on file
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1. Conduct an Organizational Meeting and adopt an Operating Agreement
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An Operating Agreement defines the rules by which your Georgia LLC will operate.
It is the core document that is referred to when issues concerning your LLC need to be resolved.
Operating Agreements may include requirements for almost anything that involves the management and operation of your Georgia LLC.
By having an Operating Agreement all Members will be provided with a clear set of rules they have agreed upon thus reducing the likelihood of
disagreement in the future.
Items commonly included in an Operating Agreement for a Georgia LLC:
- Rights and duties of Members
- Member contributions
- Record keeping and reporting requirements
- Distribution of profits
- Allocation of losses
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- Management duties
- Meeting requirements
- Voting requirements
- Admission and termination of Members
- Dissolution procedures
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Although an Operating Agreement is not required in the state of Georgia, if you plan to form a multiple Member Georgia LLC
it is highly advisable to have one.
Having an Operating Agreement will save you a lot of time and money should conflict arise down the line.
As your Georgia LLC grows over time, you may amend your Operating Agreement as necessary.
When your Georgia LLC has an Operating Agreement your business will be governed by your own rules and not some canned business rules created by
the state of Georgia.
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2. Open a Business Bank Account in Georgia
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It's very important that you have a separate business bank account for your Georgia LLC.
Mixing personal and business funds may get you in a lot of trouble with the tax man down the line.
It's a good idea to contact the bank before you open a business bank account for your Georgia Limited Liability Company.
Specific requirements vary from bank to bank.
In most cases you will need a FEIN, a copy of your Georgia LLC Articles of Organization, and a resolution identifying authorized signers
if those names are not listed in the Articles.
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3. Obtain Business Licenses from the cities and counties in which you plan to do business
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Note that forming a Georgia LLC doesn't take the place of obtaining a business license, tax
registration certificate, or other required business permits.
A Georgia LLC merely creates an ownership structure that limits the owner's personal liability.
You may still need to take care of getting set up to do business with your local government.
Depending on the nature of the business and the location of your Georgia LLC you may need to get one or more city
business licenses or permits.
The business licenses or permits that are required for your Georgia LLC vary depending on your business activities
and the specific locations within the state of Georgia in which you want to conduct business.
If your Georgia LLC will be selling products in Georgia you may be required to obtain a Reseller's Permit from the appropriate
Georgia state agency.
If your Georgia LLC will be selling products in Georgia you will also be responsible for all applicable local and state of Georgia
sales taxes if there are any.
- We can research and prepare the necessary forms for your required business licenses and permits and include them in your Georgia LLC package.
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4. File the required Georgia LLC reports
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Each Georgia LLC must file a with the Georgia Secretary of State.
The Georgia includes basic information about your Georgia LLC.
Failure to submit a properly completed Georgia to the Georgia Secretary of State on or before the
due date may subject the Georgia LLC to being administratively dissolved in the state of Georgia or having its authority to
transact business in the state of Georgia revoked by the Georgia Secretary of State.
Penalties may accrue if you fail to file any Georgia LLC to the Georgia Secretary of State
by the due date.
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5. Keep proper records of your Georgia LLC on file
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Keep the following records on file and available at the principal business office of your Georgia LLC:
- Names and addresses of all Members and Managers of the Georgia LLC
- Articles of Organization for the Georgia LLC and any Amendments to them
- Copies of all tax returns and reports for the Georgia LLC for the last 3 years
- If the Georgia LLC has an Operating Agreement, a copy of the Operating Agreement and any Amendments
- Copies of any LLC Resolutions which have been adopted by the Georgia LLC
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What information do I need in order to Form a LLC in Georgia? |
In order to Form a LLC in Georgia you'll need certain specific information about your new Company
including the LLC name and address; and the name and address of the new Georgia LLC's Registered Agent.
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In order to Form a LLC in Georgia you'll need the following information about your new Company:
- The name of your new Georgia LLC along with your second choice of a name in case the name that you want is not available
- Physical addess of the LLC office in Georgia (not a PO Box)
- Name and address of your Georgia Registered Agent (not a PO Box)
- A description of the nature of the business you are planning to operate with your Georgia LLC
- The number of Managers of your Georgia LLC
- Names and addresses of each Manager of your Georgia LLC
- Names and addresses of each Memeber of your Georgia LLC
Remember - ALL the information that you provide when you Form a LLC in Georgia becomes part of the public record.
Our data entry forms include the absolute minimum amount of information that is required in order to Form a Limited Liability Company in Georgia.
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How long does it take to Form a LLC in Georgia? |
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Processing times for new Georgia LLC applications vary depending on the work load of the
Secretary of State's staff.
We've found that normal processing of new Georgia Articles of Organization takes the state around 15 business days.
Add 2-3 days for the time period for shipping the final documents by mail.
Choosing our Express Mail option can shave a couple of days off the total processing time for your Georgia LLC.
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PLEASE NOTE: WE CANNOT GUARANTEE GEORGIA SECRETARY OF STATE PROCESSING TIMES.
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We are dependent on, and have no control over, the staff and systems of the Georgia Secretary of State.
In our experience 15 business days is the time it usually takes the Georgia Secretary of State to process
a new Georgia LLC application.
We get your Georgia LLC application to the GA Secretary of State ASAP. Once it is at the state we have no control over the new Georgia LLC application process.
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Are there any Expedited Processing Options for new GA LLC Filings?
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The Georgia Secretary of State offers two expedited processing options for new Georgia LLC filings. For $100 your filing will be completed the next business day. For $250 the Secretary of State will process your new Georgia LLC filing the next day.
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How much does it cost to Form a LLC in Georgia? |
The state of Georgia charges $110.00 to form a new LLC.
This is the cost of filing and getting a Certified Copy of your Articles of Organization from the GA Secretary of State.
If you choose All Business Documemnts to help you form your LLC in Georgia, our processing fees are $125.00.
We start processing your new Georgia LLC order as soon as we get it.
Total cost includes:
- Name Check and Reservation
- Prepare Articles of Organization
- File Articles of Organization with the Georgia Secretary of State
- Certified Copies of Articles
- Georgia LLC Checklist
- Priority Mail Delivery
- Unlimited Customer Support
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Georgia Foreign LLC Qualification |
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You want to do business in the state of Georgia but are registered as a Domestic LLC in another state.
In order to legally conduct business in the state of Georgia you must register with the Georgia Secretary of State as
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You want to do business in the state of Georgia but are registered as a Domestic LLC in another state.
In order to legally conduct business in the state of Georgia you must register with the Georgia Secretary of State as
a Georgia Foreign LLC.
The process of registering as a Foreign LLC in the state of Georgia is called Georgia LLC Foreign Qualification.
The process of Georgia LLC Foreign Qualification is similar to the process of forming a Domestic LLC in the state of Georgia.
Your original formation documents (usually called Articles of Organization) and Corporate Bylaws apply to your Georgia Foreign LLC.
The Members and Managers of your Domestic LLC have the same roles in the Georgia Foreign LLC.
Click here for specific requirements for
Georgia LLC Foreign Qualification.
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