Start an LLC in Georgia

Before you form your LLC in Georgia, it needs a name. You should make sure the business name you want fits the requirements listed in Code of Georgia § 14-11-207. The name must:

• Include limited liability company, limited company, L.L.C., L.C.,  LLC, or LC.
• Be a unique business name in Georgia—distinguishable from any other business registered in the state
• Not include restricted words like insurance or university without approval
• Be no more than 80 characters long (including spaces and punctuation)

Already have a great name in mind? Use our free Georgia Business Name Search to check its availability. If your LLC name is unclaimed, but you’re not ready to file the paperwork, you can reserve that name for 30 days by submitting a Name Reservation Request and paying the $35 filing fee.

Georgia law states that you are legally required to appoint a registered agent for your Georgia LLC. Registered agents accept legal mail and service of process on behalf of a business. Your Georgia registered agent may be an individual or a registered agent company like Northwest, and must:

• Have a physical address (no P.O. Boxes) in Georgia
• Accept legal notices for your business and get them to you fast
• Maintain regular business hours on weekdays to be available to accept service of process

Note: You can be your own registered agent in Georgia if you don’t mind having your name and address on public documents and being available to accept service of process every weekday, 9 AM to 5 PM. But many business owners choose to hire a registered agent service like Northwest instead.

The process of forming your Georgia LLC differs based on how you file its documentation. When filing a paper form, you’ll fill out a short Articles of Organization form with the Georgia Secretary of State’s Corporations Division, along with a Transmittal Form that asks for more detailed information.

When you file your Articles of Organization online, you’ll file a single long form that combines the information from the print versions of the Articles of Organization and the Transmittal Form, with the option of answering a few additional questions.

To complete your Georgia Articles of Organization, provide the following information:

• Company name: Must include an indicator like LLC.
• Effective date: The date your Articles of Organization become effective, either when filed with the Secretary of State, or a date within 90 days of your filing date.
• Signature: The dated signature of the organizer, member, manager, or attorney-in-fact of the LLC who has filed this document. If you hire us, we sign here.

The Transmittal Form requires this additional information:

• Primary email address: The email address where the Corporations Division can send your LLC’s Certificate of Approval.
• Name reservation number: If you’ve previously submitted a Name Reservation Request, list its identification number. Otherwise, leave this blank.
• Filer’s address, email and phone number: Contact information for the person that filed the Articles of Organization.
• LLC’s principle office mailing address: This address may be a P.O. Box.
• Registered agent: Whoever you designate to receive legal notices for your business.
• Registered office address: A physical street address in Georgia.
• Registered agent email address: The email address your registered agent can be reached at.
• Organizer info: Name and physical address of each organizer responsible for filing LLC paperwork with the state.

For online filers, the combined Articles of Organization and Transmittal Form form contains the above information, plus three optional questions:

• Name approval document: If your LLC’s name includes restricted words like credit union or college, attach an approval letter from the relevant agency. Most LLC names don’t need approval and can leave this blank.
• Business purpose: You can choose a NAICS Code that fits your business, or enter unknown or any legal purpose if you’d rather not specify.
• Optional provisions: If there is any additional information you want included (like member and manager details), add or attach it here.

Note: All information on these forms becomes part of Georgia’s public record, with the exception of your LLC’s business email address. If you don’t like the sound of that, hire a professional registered agent like Northwest.

An operating agreement is an internal document that helps govern your Georgia LLC’s operations. It’s where members decide on the LLC’s rules for things like voting, transferring membership interest, and what conditions will dissolve the business.

Not sure where to start? Use our free Georgia LLC operating agreement template.

In most cases, your Georgia limited liability company will need its own bank account to keep its funds separate from those of members and help maintain its limited liability. Opening a business bank account means getting an EIN (unless you’re a single-member LLC and trust others with your social security number). An EIN is like a Social Security number for your business, which the IRS can use to identify your LLC on tax filings.

Once the LLC has a business bank account, you can fund it. Members make an initial contribution (usually money, but sometimes property or services) that determines their membership interest, or percentage of LLC ownership.

Georgia LLCs have certain tax and reporting obligations. Members should be aware of:

• Taxes: By default, Georgia LLCs are pass-through entities like sole proprietorships and general partnerships. Like those entities, LLC profits pass through the business to its members, and the LLC itself does not pay income taxes on those profits. However, the members must report their portion of the LLC’s profits on their own tax returns, where it becomes subject to the 15.3% federal self-employment tax rate.
• Annual Registration: Your Georgia LLC needs to submit an Annual Registration to Georgia’s Corporations Division. Your Georgia Annual Registration updates the state about changes to your LLC’s ownership and contact information. You also have the option of filing multi-year registration for two or three years at once. Worried you’ll forget? Keep things simple and hire Northwest to file for you.

Check out our page on Georgia taxes to learn more.

*This is informational commentary, not advice. This information is intended strictly for informational purposes and does not constitute legal advice or a substitute for legal counsel. This information is not intended to create, nor does your receipt, viewing, or use of it constitute, an attorney-client relationship. More information is available in our Terms of Service.