To create a limited liability company (LLC) in Georgia, you must file the Articles of Organization with the Office of the Secretary of State. The Articles must contain the information required under Section 14-11-204 of the Georgia Code and be on white paper measuring 8.5 by 11 inches. The filing fee for the Articles of Organization in Georgia is $100 as of 2010; the fee is not refundable even if the Articles are rejected.
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An LLC in Georgia may use any name that is not already in use by another business in the state; the name must be stated in the Articles of Organization. The company name must indicate the business is an LLC by including the words "limited liability company" or an acceptable abbreviation as listed in Georgia law, like "LLC" or "LC."
Address and Contact Information
The person filing the Articles of Organization must give his name, address and personal contact information, like his phone number and email. The name and address of each organizer of the LLC must be included in the Articles. A certificate of organization will be mailed to the person listed in the "filer" section of the Articles. If a problem arises with the filing, the Georgia Secretary of State notifies the designated filer. The company is asked to provide addresses for two different reasons in the Articles of Organization. The mailing address is for the recipient of correspondence from the Secretary of State and can be a PO box. The registered address of the LLC -- the principal office -- must be a street address.
An LLC in Georgia must have a registered agent to accept legal notices for the company on file with the Secretary of State. The agent's information is included in the Articles of Organization. A registered agent may a person who is at least 18 and has a street address in Georgia. A business entity may serve as a registered agent for an LLC as long as the company has a street address in the state. An LLC cannot serve as its own registered agent.
The LLC may enter additional provisions into the Articles of Organization such as information from the company's operating agreement or rules regarding business conduct. The addition of extra information is not required in Georgia, but if an LLC chooses to do so, the provisions must comply with Georgia law. The Articles of Organization will not be accepted for filing if optional provisions that violate state law are listed.
An organizer, member, or an attorney-in-fact may sign the Articles of Organization. An attorney-in-fact is a person who has the legal authority to conduct transactions and sign for another person. If an attorney-in-fact signs the Articles of Organization, he may be asked to provide a copy of the power of attorney that allows him to act for the signor.