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What steps do I need to take to form an LLC in Georgia?

Picture of Chris Battis By   ·  1 minute read

To form an LLC in Georgia, you must follow these steps:

  1. Choose a name for your LLC: The name must contain "Limited Liability Company," "LLC," or "L.L.C." and cannot be identical or deceptively similar to any existing business in Georgia. You can check the availability of your desired name on the Georgia Secretary of State's website.

  2. File Articles of Organization: You must file Articles of Organization with the Georgia Secretary of State's office. This document formalizes the creation of your LLC and includes the following information: LLC name, registered agent and address, the purpose of the LLC, member or manager-managed, and duration of the LLC.

  3. Obtain an EIN: An EIN is an Employer Identification Number issued by the Internal Revenue Service (IRS). It identifies your business for tax purposes, similar to a Social Security Number for individuals. You can obtain an EIN through the IRS website.

  4. Draft an Operating Agreement: Although it is not required by law, an Operating Agreement is an internal document that outlines how your LLC will operate, including member responsibilities, voting procedures, and profit distribution. This document is a useful tool for resolving disputes among members and maintaining the limited liability protection of your LLC.

  5. Comply with other state requirements: Depending on your business's location and industry, your LLC may need to obtain additional licenses or permits from the state of Georgia.

It is important to note that forming an LLC does not protect you from personal liability in all situations. If you engage in fraud, criminal activity, or act outside the scope of your LLC, you may still be personally liable for any damages or debts incurred. As such, it is recommended that you consult with an attorney to ensure complete legal protection.

Furthermore, the steps listed above are not exhaustive and may be subject to changes in Georgia law or regulations. It is advisable to conduct research and seek legal advice before starting your LLC.