How to Establish an LLC in Georgia

Creating a Limited Liability Company in Georgia is one way to establish a business as an entity that is separate from the personal finances of the business owner(s). The Georgia Secretary of State's Corporations Division has rules and regulations designed to make establishing a Georgia LLC simple.

Instructions

1. Contact a business attorney or a tax consultant prior to establishing an LLC in Georgia. The state of Georgia encourages all companies seeking to form a Limited Liability Company to seek professional advice before filing. The process of establishing an LLC in Georgia is designed to be straight forward and easy, but forming an LLC may not always be in the best interest of the business owner(s).

2. Reserve a business name if one has not already been reserved. Reserving a business name will help the Georgia Secretary of State distinguish the newly established company from other entities.

   Reservations for names can be completed online, and as of May 2010 the reservation fee is $25.00. Go the Corporations Division website (see the third reference below) and click on "Create or Change an Entity" in the top menu. A reservation number will be issued via email and is good for 30 days.

3. Prepare articles of organization for filing. The articles of organization can be prepared with or without the help of an attorney. The articles should include the street address and county of the business's main office. Include the names of and mailing addresses of the principle officers and the registered agent. The finished articles of organization must be signed by the preparing attorney or a member of the organization prior to filing.

4. File the original articles of organization, with one additional copy, and data transmittal form 231. The data transmittal form must include an email address that will be used by the Secretary of State's Corporations Division to notify the filer of the receipt of the documents. If a name reservation has been completed the reservation number should be included on the data transmittal form 231. As of May 2010 the filing fee is $100, and checks should be payable to the Secretary of State.

5. Wait for the articles of organization to be received and approved. It takes the Corporations Division five to 12 business days to approve or deny requests. If approved, a certificate of organization will be issued. When there is an error or problem with the articles, a notice will be mailed that explains what needs to be fixed. If there is an error the filer will have 60 days to return the corrected articles of organization.

6. Complete the annual registration after the certificate of organization has been received. As of May 2010 the annual registration fee is $30. Failure to complete the annual registration will result in administrative dissolution and a $100 fine. If an LLC wishes to be reinstated additional reinstatement and late fees will be charged.

References

• Georgia Corporations Division- Filing Procedures
• Georgia Secretary of State- First Stop Business Center
• Reserve a Business Name