To form a limited liability company (LLC) in Georgia, the following steps must be taken:
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Choose a Name: The name of the LLC must be unique and not already in use by another business in Georgia. It must also contain the words “Limited Liability Company” or an abbreviation such as “LLC.”
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Choose a Registered Agent: The registered agent is the person or entity that is responsible for receiving legal documents and notices for the LLC. This agent must have a physical address in Georgia.
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File Articles of Organization: These legal documents must be filed with the Georgia Secretary of State. The articles of organization must include the name and address of the LLC, registered agent information, and the name and address of each member or manager.
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Create an Operating Agreement: Although not required by law, an operating agreement sets out the rules and regulations for how the LLC will be managed. This document should address the distribution of profits and losses, the roles and responsibilities of each member, and how decisions will be made.
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Obtain Permits and Licenses: Depending on the nature of the LLC’s business, it may need to obtain additional permits or licenses from the state or local government.
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Obtain an EIN: An Employer Identification Number (EIN) is required for taxation purposes. This number can be obtained from the IRS.
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Register for Taxes: If the LLC will have employees or will be selling products or services subject to sales tax, it will need to register for taxes with the Georgia Department of Revenue.
Though forming an LLC in Georgia is usually a straightforward process, it's critical to ensure that all legal requirements are met. It is advised that you consult with an attorney who is familiar with Georgia LLC laws to ensure compliance and proper formation of your business.
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