What steps do I need to take to form a limited liability company (LLC) in Georgia?
To form a Limited Liability Company (LLC) in Georgia, you must complete several steps.
- Choose a name for your LLC: The name must include the words 'Limited Liability Company,' 'LLC,' or an abbreviation of one of these phrases. Check the Georgia Secretary of State's website to ensure that the name you have chosen is available and not already taken by an existing business entity.
- File Articles of Organization: You are required by law to file Articles of Organization with the Georgia Secretary of State to create your LLC. The articles must include the name and address of the LLC, the name and address of the registered agent, and the names and addresses of the LLC's organizers.
- Appoint a Registered Agent: A registered agent is responsible for receiving legal notices and important documents on behalf of the LLC. The registered agent can either be an individual who is a resident of Georgia or a business entity that is authorized to do business in the state.
- Draft an Operating Agreement: While not legally required in Georgia, it is advisable to draft an operating agreement that outlines how the LLC will function, including the roles and responsibilities of its members.
- Obtain an EIN: You must obtain an Employer Identification Number (EIN) from the Internal Revenue Service (IRS) if you intend to have employees, open a bank account, or file tax returns.
- Register for State Tax Obligations: Register with the Georgia Department of Revenue for state tax obligations and obtain any required licenses or permits for your business.
- Obtain Business Licenses: Depending on the nature of your business, you may need to obtain additional licenses or permits from the state or local government.
Keep in mind that there may be limitations or exceptions depending on your specific business circumstances. It is recommended to consult with an experienced attorney or an online formation service to ensure that you have satisfied all legal requirements for starting your LLC in Georgia.