Georgia LLC

This will allow you to know the fees, timelines, and annual compliance requirements of Georgia by the end of it so that you can start your LLC with the confidence of understanding what is required of you.

1. Name Your Georgia LLC

It is not that easy to name your business. You require a name that is memorable, one that is unique and something that explains what your business is. You may use some of the following methods to select a name:

Name your LLC: You have to have an idea of what your business is going to do before you name your LLC.
Request Suggestions of those around You: Contact some of the people whose opinions you respect and trust. Sell your business idea and request their opinions on a name.
Websearch: After you have acquired a couple of names ideas, see what is online about them. Is the domain name available? Do we have any similar companies whose names may be confused?
An Online Business Name Generator: It can give you ideas and make you approach your business in new ways. Note, however, that these generators can never substitute human ingenuity and they might not know the finer points of your business as well as you.

Business name is the business identity, and the first impression that people will have of your company, then you need to take your own time with this step and make sure that you have it right.

After having some business name ideas, make sure that they are available. The Georgia Corporations Division has the list of first of all, a business name search. Similar business names should also be sought as you do not want a name that will be easily mixed with other businesses in Georgia.

Also, refer to Georgia Name Availability Standards so as to be in compliance.

Georgia LLC Naming Requirements

Should contain the phrase limited liability company or abbreviation (LLC or L.L.C.)
Would not be able to use words that might create such confusion with a government agency that you have LLC
Should be differentiated with other business names in the state
Not allowed to use such words as bank, insurance or university without state permission

Then, visit the US Patent and Trademark Office and be sure that the name is not a trademark, and it is not taken by another country.

Guidelines on LLC Name in Georgia

It is always a good idea to be able to book the name once it is proven.

In Georgia the name of your LLC must include the phrase Limited Liability Company or recognized short name (LLC or L.L.C.) and should not include words that can be mistaken with a government agency.

The business name should also be unique to the other business names in the state and cannot contain prohibited words like bank, insurance and university unless approved by the state.

The form requires:

Three business name choices
Your name and address
Electronic signature

Payment can be made online. Alternatively, it is possible to fill out and send a paper form.

The amount to file a name reservation in Georgia is $35. The name of the LLC will be reserved within a 30 days time after your application has been processed.

Doing Business As (DBA)

You can be interested in transacting business under a different name than your LLC name. This is referred to as trade name in Georgia.

Reasons to use a DBA:

Expand new product lines (ex: JJ Waffles to JJ Muffins).
Open business bank account in the name of DBA.

Registration of trade name in Georgia:

Go to the clerk of the superior court on the site of your county (there is a list on the Internet).

Provide:

Desired trade name
Nature of the business
The names and addresses of proprietors
Signees that are owners, notarized
Processing fee, publishing of notice (depends on county)

Publication Requirement:

Advertise the registration of your trade name in the local newspaper at least once per week during two weeks.
Should be using the newspaper that the office of the sheriff uses to make legal advertisements.
Have a copy of the Publisher Affidavit as evidence.

2. Select a Registered Agent

Georgia makes LLCs designate a registered agent, an individual or a firm that is permitted to receive official business mail (legal, tax or financial documents).

Georgia Registered Agent Requirements

18 years or older
Physical address in Georgia
Open at regular working hours
Registered to conduct business in Georgia in case of a business

A registered agent service is hired by many business owners because they find it convenient and necessary to do so. When you are your own agent, then it means that you have to be present at the registered address within the business hours.

3. Select Your Management Organisation

The Georgia LLCs may be either member-managed or manager-managed and the selection of the structure is determined by how the owners would like to be involved in the day-to-day running of the business.

Member-Managed

All management responsibilities are done by members.

Manager-Managed

Non-member employees manage operations. One of the members may also be a manager, although, he or she has to work with a manager who is a non-member.

Notes:

Member-managed would best suit small LLCs where all the members are actively involved.
Manager controlled LLCs that have more than one member and some of them are passive.
In Georgia, LLC is deemed to be member-managed unless otherwise declared in the Articles of Organization.

4. Submit Articles of Organization

In order to establish your LLC, submit Articles of Organization at Georgia Secretary of State at the Corporations Division.

Information Required

LLC name
Listing information on registered agents
Registered office address
Organizer name and address

The filing fee is $100. Once you have filed your filing, it is normally approved in 7 business days.

Contact Information:
Georgia Corporations Division
2 MLK, Jr. Dr., Suite 313, Floyd West Tower Atlanta, GA 30334-1530.
Phone: (404) 656-2817

5. Prepare an Operating Agreement

The Operating Change of Direction describes member responsibilities and ownership.

Required in Georgia? No, although suggested to be legally safeguarded and made clear.

Typical Elements

Name of LLC and address of the principal
Duration of LLC
Information about registered agents
Membership details
Management and voting rules
Finance issues (profit/loss department)
Changes and amendments
Policies and dispute resolution
Communication and recordkeeping

The templates could be found on the Internet, yet it is advisable to have an attorney review them.

6. Register Your Employer Identification Number (EIN)

EIN determines your business to the taxing authority. Required if:

Multi-member LLC
Hiring employees

Responsible Party: It has to be a natural person who controls the funds of the entity (SSN, ITIN or EIN is required).

Apply via the IRS website.

Any EIN application, regardless of the method of submitting it (mailed, faxed or web-based), should have the name and Taxpayer Identification Number (SSN, ITIN or EIN) of the actual primary officer of the entity, general partner, grantor, owner, or trustor. The IRS calls such a person the responsible party. The culprit is the one that oversees, administers, or guides the entity and its money and resources. The responsible party should be a natural person and not another business or organization except the government.

7. Acquire business licenses and permission

Depending on the type of business and location, licenses are based on the area:

Federal: OSHA, health and industry specific permits.
State: Licenses: professional and industry.

This is a significant step towards the LLC formation process and therefore, make sure that you enquire in your state government and local government offices as to all the licenses and permits that you require.

Local:

Building/zoning permits
DBA permits
Health, fire, and sign permits

Note: Check with a business lawyer or service such as MyCorporation to make sure that you are compliant.

8. Determine Your Tax Status

Default: Pass-through entity. Profits/losses are recorded on personal returns.

Single-Member LLC

Assessed as a sole proprietorship. Pay self-employment taxes.

Multi-Member LLC

Taxed as a partnership. File Form 1065; income on personal returns is reported by the members.

Corporate Election Options

C-corp: It pays a separate tax on dividends (taxed twice: double taxation), and corporate tax (paying 21% federal).
S-Corp: Income is subject to passing through; members are required to receive reasonable salary which is liable to payroll tax, but any additional profit is not subject to self-employment taxes.

Other Requirements

Open a Business Bank Account

Separate business and personal.

Business Credit Card

Helps secure credit and cover start up expenses.

Insurance

Types include:

General liability
Professional liability (E&O)
Workers' compensation
Business property insurance, equipment, and property insurance
Commercial auto
Business Owner's Policy (BOP)

LLC Records

Store formation documents, operating agreements, financial/legal documents and contracts in a safe place.

Annual Registration

File an Annual registration at Georgia Secretary of State by April 1.
Fee: $50

Georgia LLC FAQs

Requirement	Cost
Name Reservation Fee	$25
LLC Registration Fee	$100
Business License Fees	Vary by localities and type of business
DBA fee	Varies by county
Annual Report Fee	$50

Visit the Georgia Secretary of State's Corporations Division Business Search online, enter the LLC's name or control number, and view its status and filing information.

File a Trade Name (DBA) with the Superior Court clerk in your LLC's county, pay the local fee (≈ $170), then publish the notice in the county's legal-organ newspaper once a week for two weeks and keep the publisher's affidavit.

Online filings are approved in about 7–10 business days, while paper filings take roughly 15 business days (around 4–5 weeks including mail); optional expedited service cuts processing to 2 days, same day, or even 1 hour for extra fees.

Submit your LLC's Annual Registration online via Georgia eCorp between Jan 1 and Apr 1: log in, select "File Annual Registration," confirm or edit registered-agent and principal-office details, and pay the $50 fee ($60 if mailed). Online filings post immediately.

By default, an LLC is a pass-through entity, so it does not pay state income tax—the members report income on their personal returns. The LLC must file an annual registration and pay a $50 fee each year. If the LLC elects corporate taxation, it pays Georgia's corporate income tax. LLCs with employees also withhold payroll taxes, and those selling taxable goods or services collect and remit sales tax.

Yes. You can serve as your own registered agent if you're at least 18, have a physical street address in Georgia (no P.O. Boxes), and are available there during normal business hours to receive legal documents.

No. Georgia law does not mandate an operating agreement, but it's strongly recommended to document each member's rights, duties, and ownership interests.

Georgia has no statewide license—your LLC just needs the city or county "business/occupational tax certificate" plus any state-level professional or industry permits that apply.

How to Start Your LLC in Georgia