To start a limited liability company (LLC) in Georgia, the first step is to select a unique name for the company that is not already being used by another business entity or reserved with the Georgia Secretary of State. It is advisable to conduct a search of the business name database in Georgia to verify that the LLC name is not infringing on another company's trademark or registered name.
Next, you will need to file Articles of Organization with the Georgia Secretary of State's office. The Articles of Organization are a legal document that establishes the LLC as a separate legal entity and outlines its basic structure, including the name of the LLC, the registered agent, and the type of management structure.
In addition to the Articles of Organization, you should also consider drafting an Operating Agreement that outlines the internal operations and management of the LLC. This document is not required, but it is highly recommended and can help avoid disputes between members in the future.
After the Articles of Organization are filed and approved by the Secretary of State, the LLC must obtain any necessary business licenses and permits required by the state and local government.
Finally, it is important to note that forming an LLC does not provide complete protection against personal liability. Members of the LLC may still be held personally liable for certain acts, such as committing fraud or neglecting to pay taxes. Therefore, it is recommended to obtain liability insurance and maintain proper record keeping to minimize the risk of personal liability.
It is advisable to consult with a licensed attorney in Georgia to ensure that all legal requirements and regulations are met when forming an LLC.
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