STEP 1: Pick a Unique Business Name and Run a Georgia Entity Search
You will need a distinctive and original name for your Georgia LLC that’s not used by any other business in GA. Incfile’s Business Name Generator is a great way to brainstorm company names — the tool also allows you to easily check the Georgia Secretary of State (SOS) Corporations Division business registry to verify your name isn’t already being used by another company.
If you’ve already chosen a name, you can make sure it’s available by using the Georgia business search on the GA Secretary of State website or Incfile’s free Business Name Search tool.
There are several rules you’ll need to follow with your LLC name, which you can learn about in the Georgia business names section of this guide. One rule, for example, is that your business name cannot use any of the following terms without approval from the Office of Insurance and Safety Fire Commissioner: “insurance,” “assurance,” “surety,” “fidelity,” “reinsurance,” “reassurance” or “indemnity.”
STEP 2: Provide an Official Business Address for Your GA LLC
Every Georgia LLC must have a designated street address. That could be your home address (if you’re running the company from your residence), your company’s office building or any physical address of your preference. The address can be outside the state of Georgia and can be a P.O. Box.
STEP 3: Assign a Registered Agent for Your Georgia LLC
Every GA LLC must have a “Registered Agent” when it is formed. This is an official position; the Registered Agent is someone who receives official legal and tax correspondence and has responsibility for filing reports with the Georgia Secretary of State.
This position can be filled by you, another manager in the business or a dedicated Registered Agent service. If your Registered Agent is a person, they must reside in and have a physical street address in Georgia and must be present to receive important documents for your company during business hours. In Georgia, you designate your Registered Agent when you file your Articles of Organization and formally create your business.
At Incfile, all of our packages include an Georgia Registered Agent service that is free for the first year and just $119 per year afterward. We also have a dashboard where you can log in and easily view any document your Registered Agent has received on your behalf.
STEP 4: File Articles of Organization with the Georgia Secretary of State
Once you've gathered all the information for your Georgia LLC, you’ll need to file both your Articles of Organization (Form CD 030) and Transmittal Information Form 231 with the GA Secretary of State Corporations Division. These documents formally create your Georgia LLC.
Download Georgia's Form CD 030 Here
Download Georgia's Transmittal Information Form (Form CD 231) Here
You can file both your Articles of Organization and Transmittal Information Form online on the Georgia Secretary of State website, mail them in or have Incfile do it on your behalf for free. The State of Georgia charges a $100 fee to file and start an LLC in Georgia.
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2 Martin Luther King Jr. Dr. SE,
Suite 313 West Tower
Atlanta, GA 30334
You only need to file your Articles of Organization with the State of Georgia once, but you will need to file an annual report for your LLC, which has its own fees. This is also something Incfile can remind you to do or do for you if you choose to have us handle the paperwork.
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What are the fees and requirements to form a business in Georgia?
||State Filing Time
||Expedited Filing Time
||20 Business Days
||5 Business Days
Due Date: April 1st
Filing Fee: $50
STEP 5: Get an Employer Identification Number (EIN) From the Internal Revenue Service
You will need an EIN to identify your business to the IRS. You use this number when filing and paying taxes or when submitting payroll information and payments for your employees. You can obtain one directly from the IRS, or we can get one for you as part of the Georgia LLC business formation process.
STEP 6: Create an LLC Operating Agreement
An Operating Agreement is a kind of “instruction manual” that outlines how you will run your business. It includes how decisions are made, how the business is divided amongst members and what happens if a member leaves the company.
Georgia does not require that LLCs have an operating agreement in place, but it’s a good idea to create one, nonetheless.
Learn more about operating agreements here
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A regular LLC is suitable for most business needs, but you also have a few other options in Georgia.
Some states allow certain occupations to form “Professional LLCs.” These types of businesses typically have specialized requirements and licensing. Georgia does not recognize or allow Professional LLCs, although professionals can still form regular LLCs.
If your business is already operating in another state and expanding to Georgia, you’ll need to form a Foreign LLC.
The GA Secretary of State has plenty of additional information on forming and running a business in Georgia. Click on the links below for more details.