How to form an LLC in Georgia

October 14, 2014 | Charles Bowen

How to Form an LLC in Georgia

There are two main steps in creating an LLC.

  1. Choose a Name for your LLC
  2. File Articles of Organization and a Transmittal Form

 1. Choose a Name for Your LLC

Your LLC’s name must contain one of the following: 

  • Limited Liability Company 
  • LLC 
  • L.L.C.
  • Limited Company 
  • LC 
  • L.C. 

The term “Limited” may be abbreviated as “Ltd.” 

“Company” may be abbreviated as “Co.” 

The complete name must be 80 characters or less, including any spaces and/or punctuation.

Your LLC’s name must be recognizably different from the names of other business entities already on file with the Georgia Secretary of State Corporations Division. To make sure your business name is unique and available, you can run a search on the Georgia Secretary of State website at https://cgov.sos.state.ga.us.

If you have chosen a name but are not yet ready to form your LLC, you can reserve a name for 30 days online or by filing a paper form. There is a reservation fee of $25.00. The reservation form may be found here: http://sos.ga.gov/corporations/acrobat/applications/Form%20-%20Name%20Reservations.pdf


 

2. File Articles of Organization and Transmittal Form

The Articles of Organization is a written document outlining the initial statements required to form a limited liability company.  A sample may be found below.  Once the Articles have been drafted, they must be transmitted to the Georgia Secretary of State. 

How to File a Transmittal Form
The following information must be included in the transmittal form: 

  • Name of the LLC
  • Principal Mailing Address of the LLC
  • Name and address of the registered agent (a registered agent for service of process is a person or entity designated by the LLC to accept legal documents and notifications on behalf of the LLC) 

There is a filing fee of $100.00 to file an LLC.  The fee is payable online.

Articles and transmittal can be filed online at 

https://cgov.sos.state.ga.us

If filing by mail, the Articles of Organization and Transmittal Form should be sent to the following address:
Office of the Secretary of State
Corporations Division
237 Coliseum Drive
Macon, GA 31217-3858
(404) 656-2817

Additional information for LLCs

Once you have formed an LLC, it is advisable to contact the IRS and the Georgia Department of Revenue to ensure compliance with state and federal tax laws:  

IRS: 1-866-816-2065 or http://www.irs.ustreas.gov

Georgia Department of Revenue: 404-656-4191 (for income and net worth taxes)

Georgia Department of Revenue: 404-651-8651 (for sales and withholding tax)

Georgia Department of Revenue: https://etax.dor.ga.gov

Many LLCs require workers’ compensation insurance and must pay unemployment taxes.  Further information on these topics may be found here:

Workers Compensation Information: (800) 533-0682

Unemployment Tax information: (404) 656-5590 or
http://www.dol.state.ga.us

Articles of Organization for an LLC in Georgia

All LLCs are required to file an annual registration with the Secretary of State between January 1 and April 1.  The first annual registration is due between January 1 and April 1 of the calendar year after the LLC was formed.  Annual registration should be filed online at http://www.sos.ga.gov/Corporations.  

An LLC that does not submit its annual registration is subject to administrative dissolution and will be charged $250.00 to reinstate within five years.

Topics: Attorneys Savannah GA, Starting a Business in Georgia