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What are the legal requirements for forming a limited liability company in Georgia?

Picture of Chris Battis By   ·  1 minute read

To form a limited liability company (LLC) in Georgia, the following legal requirements must be met:

  1. Choose a Business Name: The first step to forming an LLC in Georgia is selecting a unique and distinctive name that represents your brand. It is important to check the availability of your business name before registering with the State Licensing Board. You may reserve a name for up to 30 days before filing your application.

  2. File Articles of Organization: File Articles of Organization with the Georgia Secretary of State’s office. This will officially register the LLC with the state and make it a legal entity. The Articles of Organization must include the name of the LLC, the name(s) and address(es) of the LLC's registered agent(s), the address of the LLC's principal place of business, and whether the LLC will be managed by its members or managers.

  3. Appoint a Registered Agent: A Registered Agent is a person or company authorized to receive legal documents such as lawsuits, subpoenas or other legal notices on behalf of the LLC. To form an LLC in Georgia, you must appoint a registered agent with a physical address in the state of Georgia.

  4. Obtain Business Licenses and Permits: Depending on the nature of your business, you may need to obtain additional licenses and permits from local or state agencies. Examples include business licenses, zoning permits, sales tax permits, and professional licenses.

  5. Draft an Operating Agreement: While an operating agreement is not required by Georgia law, it is highly recommended that LLCs maintain an operating agreement to govern the internal workings of the company. An operating agreement sets forth the rights and responsibilities of the members, including management and ownership interests, voting rights, and profit allocation.

  6. File Annual Reports: LLCs in Georgia are required to file an annual report with the Georgia Secretary of State's office. This report must be filed by April 1st of each year and include updated contact information for the company's registered agent.

It is important to note that this advice is intended to provide general information and is not a substitute for legal advice from a licensed attorney. Additionally, specific requirements may vary depending on your individual circumstances, and additional legal requirements may apply. We recommend consulting with an experienced attorney to ensure compliance with all legal requirements and to address any specific concerns related to forming an LLC in Georgia.