Forming an LLC in Georgia isn't a one-and-done deal, as the Georgia Limited Liability Company Act saddles you with ongoing obligations that can create serious issues if you aren't aware of them. Your name must include "LLC" or equivalent, you need a Georgia-based registered agent with a physical address, and you must properly file your Articles of Organization with the Georgia Secretary of State. These are all mandatory requirements under state law.
The work continues after formation. You'll need to file an annual registration by April 1st each year, pay the fee, and keep your registered agent information up to date through the state portal.
Your LLC name must satisfy specific Georgia legal criteria before filing. The state demands an entity identifier like "Limited Liability Company," "Limited Company," "LLC," "L.L.C.," "L.C.," "LC," "Ltd. Liability Co.," or "Ltd. Co." so people know they're dealing with an LLC, not an individual or partnership.
Your name also needs to be "distinguishable upon the records" from every other active business in the state records. Check the Georgia Secretary of State's online business name search tool to confirm your name is unique before filing. If you find something similar, you'll need written permission from that company or a completely different name.
Certain words, such as "bank," "insurance," or "university," require written approval from the relevant state agency because they suggest regulated industries. Names that mislead the public about government ties, like "Georgia Revenue Service LLC," won't be approved.
Before settling on a name, also check domain availability. Grabbing the matching website address prevents brand confusion down the road. Once your name meets all the requirements, you can reserve it for 30 days for $30 online or $35 by mail if you're not ready to file immediately.
Every LLC must name a registered agent when filing its Articles of Organization. This person becomes the state's official contact for lawsuits, tax notices, and government correspondence.
The rules are clear: your agent must operate in Georgia with a physical street address where they can receive documents during business hours (P.O. boxes are not accepted). If you choose a company instead of a person, it must be authorized to do business in Georgia. While Georgia law doesn't require explicit written consent, it's recommended, and their information becomes public through state databases.
You can serve as your own agent, or appoint a co-founder or family member who meets the requirements. The DIY approach costs nothing but puts your personal address online and requires someone to be available during business hours. Many founders eliminate this hassle by using professional registered agent services instead.
Until Georgia approves your Articles of Organization, your company doesn't legally exist. This foundational filing establishes every essential detail, so accuracy matters, from addresses to signatures.
Georgia keeps requirements straightforward but specific. Your articles need:
You have three filing options: online, by mail, or in person. The online portal makes everything point-and-click and processes the fastest at $105 ($100 filing fee + $5 service charge). Mailed or walk-in submissions cost $110 ($100 filing fee + $10 service charge) and take longer because they require manual processing.
Processing typically takes 7 business days for online filings and 15 business days for paper filings, but you can pay extra for faster service. Two-day processing costs an additional $120, same-day processing (if submitted before noon) costs an additional $275, and one-hour processing costs an additional $1,200. Remember to always check the current fee schedule for pricing information.
After your articles are accepted, you can request a Certificate of Organization directly from the Georgia Secretary of State. Banks often require this document before opening a business account, and potential partners might ask for it to verify your LLC is legitimate.
Georgia doesn't legally require an operating agreement for your LLC, but it’s a smart decision to create one. Without this document, you're stuck following the default rules in state law, which rarely match how you’ll actually want to run things. A simple written agreement kept with your records solves this problem.
For single-member LLCs, the operating agreement helps protect against piercing the corporate veil. Courts examine whether your LLC functions as a separate entity, and a solid agreement that clearly separates company ownership and decision-making provides crucial evidence.
Your agreement should cover your:
Multi-member LLCs face more complexity since disagreements between owners are practically guaranteed. Your agreement must establish:
Including mediation or arbitration clauses helps prevent internal disputes from escalating into public court battles. Since the agreement takes effect as soon as it's signed, even a basic document gives you both operational clarity and liability protection.
After your Articles of Organization are approved, several critical tasks keep your Georgia LLC compliant and in good standing:
First, secure an Employer Identification Number from the IRS; it's free and essential for bank accounts, hiring employees, or choosing corporate tax treatment. Banks typically want your EIN confirmation, Articles of Organization, and operating agreement before opening your account.
You must also register with the Georgia Department of Revenue if you'll sell taxable goods, collect sales tax, or run payroll. Then, counties and cities add their own occupational tax certificates and permits that vary by location.
Each year, between January 1 and April 1, you are required to file an annual registration with the Georgia Secretary of State. This updates your addresses, managers, and registered agent information. The filing fee is $50, with an additional $10 service charge if filing by mail, making it $60 total for paper submissions.
If you skip an annual registration or let your registered agent information expire, Georgia acts quickly. You could face the following consequences:
Banks often freeze accounts once they see your "not in good standing" status, cutting off credit lines and payroll access. Insurance carriers may cancel coverage when they discover the lapse.
Georgia permits reinstatement within five years of dissolution. To revive your company, fix every missed filing, pay all penalties, and add a $250 reinstatement fee. Until then, your liability protection vanishes, and contracts become legally questionable.
Discern tracks every Georgia LLC filing requirement in real time, from the mandatory registered agent to the annual registration due each year between January 1 and April 1. You'll:
Ready to take the stress out of managing your ongoing compliance filings? Book a demo with Discern today and see how we handle state filings in minutes.
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