Requirements in Georgia for LLC Formation

By Joseph Scrofano

Limited liability companies, or LLCs, are specific business entities that may provide substantial benefits to some business owners. When members form an LLC, they may enjoy the tax benefits of a partnership, while at the same time benefiting from the liability protections that a corporation offers. LLCs are governed by state laws, and Georgia mandates several requirements for proper LLC formation.

Business Name

An LLC in Georgia must contain the words “limited liability company” or “limited company” at the end of its name. In the alternative, LLC organizers can put the letters “LLC,” “L.L.C.,” “LC,” or “L.C.” in the official name. LLC organizers must create a business name that is different from all other businesses registered in Georgia. That name cannot have more than 80 characters, which includes letters, numbers, symbols, spaces and punctuation. The LLC organizers must register the name with the Georgia Secretary of State and pay a $25 fee as of 2010.

Articles of Organization

In addition to registering a name with the Secretary of State, the LLC organizers must file articles of organization with that office. The articles of organization must include specific information required under Georgia law. This includes the company’s name, its principal place of business, and the name and address of a Georgia resident as the registered agent. The registered agent is a person or company in Georgia that has authority delegated from the LLC members to accept important legal documents on behalf the LLC. As of 2010, the filing fee for the articles of organization form is $100.

Ready to start your LLC? Start an LLC Online Now

Operating Agreement

Georgia laws do not require organizers to file an operating agreement as part of the LLC formation procedures. However, an operating agreement sets out how the LLC is to be operated, including how the company will be managed, how much each member will contribute in capital and the manner in which the members will allocate the profits and losses. These are all important business considerations, so having a written agreement may help avoid disputes among the members and managers. Even if the LLC members decide to execute an operating agreement, Georgia law does not require that it be submitted with the articles of organization.

Business Licenses

LLC organizers must ensure that the company has the appropriate licenses under state and local Georgia laws in order to do business in the state. Some businesses must have state-issued licenses. For example, lawyers and accountants with professional LLCs must have licenses from the Georgia State Bar and the Georgia State Board of Accountancy, respectively. Other types of businesses may need to obtain general business licenses from the state or local governments. While business licenses are not required to form an LLC, they are typically necessary once the LLC begins operations.

Ready to start your LLC? Start an LLC Online Now
What Do You Need to Register a Business Name?



Related articles

The Requirements of a Sole Proprietor in Pennsylvania

Sole proprietorships are common business entities because they are simple to set up, and have relatively few filing requirements. By definition, a sole proprietorship is owned by one person, who remains personally liable for the debts of the business. Most states, including Pennsylvania, do not require sole proprietors to register the business. However, depending on the business type, a business owner may be required to file for licenses, permits and tax registration.

Dissolution of Sole Proprietorship

When it comes time to discontinue the operations of a business formed as a sole proprietorship, owners may find obstacles that prevent them from simply walking away from the company. This is due to the fact that, throughout the life of the organization, the assets and liabilities of the business have become intermingled with the assets and liabilities of the individual owner. The result is that complete dissolution of a sole proprietorship may be more of a challenge than with other business entities.

How to File a DBA on Your Own in Iowa

When you operate a business under any name besides the registered name or your own name if you are a sole proprietor, it's sometimes referred to as using a "doing business as" or DBA. In Iowa, this type of name is called a fictitious name or trade name, depending on what type of business you have.

LLCs, Corporations, Patents, Attorney Help

Related articles

How to File a DBA in Georgia

Filing a DBA, or "doing business as" document, allows a business to operate under a different name than the name used ...

How to File a DBA Wth the Indiana Secretary of State

If your business name is different from your personal name, the names of your partners or the officially registered ...

Sole Proprietorship in Georgia

A sole proprietorship is a common business entity because it is relatively simple to set up and allows for a great deal ...

How to Establish a DBA

A DBA, or "doing business as," is a name you use for your business besides your real name. DBAs are also known as ...

Browse by category
Ready to Begin? GET STARTED