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GEORGIA

Why Form a Limited Liability Company (LLC)?


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Georgia LLC Form, Filing and Permit Requirements

If you want to form an LLC in Georgia, there are certain forms, requirements and legalities you need to get in place. Below is a rundown of what you’ll need to do, together with details on each form required for your Georgia LLC. Some of these forms you only need to submit once, while others must be filed on a regular basis. You will need to set reminders in your calendar to file forms regularly if you're filing yourself — if you file with a service such as Incfile, we will remind you when you need renewals and can take care of renewals for you too for a small additional fee. Articles of Organization

  • Transmittal 231 Form
  • Business permits and licenses
  • Georgia Department of Revenue
  • An Operating Agreement for your Georgia LLC

We’ll explain what each of these are and how you file them...

Articles of Organization for Your Georgia LLC

The Articles of Organization are the formal documents filed with the Georgia Secretary of State to create your LLC. They are a “charter” and state certain information about your business. Once they are filed with the secretary of state, they legally create your business as an LLC in Georgia. Here’s what’s typically included in the Articles of Organization:

  • Your business name and address
  • Details of your Georgia Registered Agent
  • Names of any managers or members of the LLC at the time of filing

Here at Incfile we automatically create and file your Articles of Organization on your behalf when you form your business with us. There is a fee levied by the Georgia Secretary of State to cover your filing.

You only need to file your Georgia LLC Articles of Organization once.

Transmittal 231 Form

If you are filing your articles of organization manually by mail (instead of online with Incfile) you will also need to fill out and send a Transmittal 231 form.

Business Permits and Licenses for Your Georgia LLC

Depending on the type of business you’re running, you may need to obtain various business permits or licenses. Below are some of the business licenses you might need to get for your Georgia LLC.

A Business Permit or License from Your City

Various cities in Georgia have slightly different rules and fees for permits and licenses. Check with your local city administration to see what their rules are. You may need a separate permit or license for each city your Georgia LLC operates in.

Additional Local Business Permits and Licenses

Depending on the type of business you are running, you may need to get additional permits and licenses from the city, county or state of Georgia. The frequency of how often you need to file permits varies depending on the permit type.

Federal Licenses and Permits

Depending on the type of Georgia LLC you are running, you may need to get licenses and permits from the federal government and various national agencies. You can find a complete list on the US Small Business Administration website.

If you’d rather have someone do the research for you, Incfile offers a Business License Research service for $99 additional fee to your online formation package of choice. With his add-on, a licensing specialist will determine all of the permits and licenses required for your specific industry and city-, state- or county-level jurisdictions.

Georgia Department of Revenue

You will need to file for various different types of tax registration including sales and use tax, employment tax and other types of tax. You can find full details on the Georgia Department of Revenue website.

Operating Agreement for Your Georgia LLC

Although setting up a Georgia LLC is very easy, managing one can be more complex. One way to make sure everyone is working to the same goals is by creating an Operating Agreement. Your Operating Agreement typically includes areas like:

  • Legal Standing: Stating the legal standing of your Georgia LLC, declaring the LLC was formed in Georgia and including dates, formation details and other important legal information.
  • Ownership: Declaring how ownership of the Georgia LLC is split between its members. This can determine voting rights, how the business operates and several other factors.
  • Ownership Percentages: The amount each member has invested and the percentage of ownership of each Georgia LLC member.
  • Management Type: Declares how your LLC is managed, whether that’s by members or managers you appoint.
  • Management Relationships: Describing the legal and professional relationships between the members and the managers of your Georgia LLC.
  • Roles, Rights and Responsibilities: What each of your members is expected to do as an owner of your Georgia LLC.
  • Decisions and Voting Powers: Explains how decisions will be presented, discussed and acted on, including the voting rights of each Georgia LLC member.
  • LLC Rules: Clarifies the policies, rules and procedures the Georgia LLC will use for adding, removing, amending and making other changes to members and managers.
  • Profit and Loss Allocation: How profits and losses will be split and allocated between Georgia LLC members.

Neither federal nor Georgia state law requires you to have an Operating Agreement for your LLC, but we recommend one for several reasons. An Operating Agreement:

  • Strengthens your legal standing as a Georgia LLC
  • Removes confusion by clearly stating how your business will operate
  • Reduces misunderstandings and disagreements between Georgia LLC members
  • Reduces the need for every member of an LLC to approve and sign off on every decision

Your operating agreement only needs to be created once and updated if significant changes are needed. The good news is, Incfile provides an Operating Agreement with most packages and it can also be individually added to our basic Silver package. Our Operating Agreement provided will be a general template that covers the top 20 most common provisions for any new business. As your business evolves, you can make changes anytime as you see fit as this is an internal company document for LLC members and not filed with the state or IRS.

Annual Registration Report for your Georgia LLC

You must file an annual registration report with the Georgia Secretary of State on an annual basis, between January 1 and April 1 every year. The cost to file an annual report is currently $50 through the Secretary of State. If you do not file your annual report you may be charged a late fee and your LLC may be dissolved. Incfile can save you time and handle the paperwork for your Annual Report. For $88 plus state fees, we'll prepare and file the Annual Report for your Georgia LLC. You'll also receive a copy in your Incfile dashboard to reference afterward, and we'll remind you each following year when your Annual Report is due, so you don't run the risk of dissolution of your LLC. However, filing times vary by state it is therefore important that the report is filed well in advance of the due date in order to avoid any potential late filing fees.

As you can see, there are several forms and permits you need to conduct business, both initially and that you’re required to submit on an annual basis.

Ready to Start your Georgia LLC?

Incfile provides a cost-effective service to help you create your Georgia LLC. We guide you through the process and handle most of the administrative steps, such as filing the Articles of Organization and Annual Report on your behalf. Our basic package also provides a free Registered Agent service for the first year. If you're looking for help to start an LLC, our comprehensive services provide outstanding value.

Only $49 + State Free To Launch Your Business

Clear Pricing. No Contracts. No Surprise.

What are the fees and requirements to form a business in Georgia?

Filing Time and Price

The state charges this amount to file a new business entity. This fee goes directly to the Secretary of State.

State Fee State Filing Time Expedited Filing Time
$100 10 Business Days 2 Business Days

Compliance Requirements

This report is mandatory and must be filed within the specified time frame in order for the entity to remain in good standing with the state. Failure to file this report can lead to the company being revoked or administratively dissolved.

Annual Report

Frequency: Annually

Due Date: April 1st

Filing Fee: $50

Learn more about starting a business in Georgia

Additional resources, guides, and articles for better decision making.

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49

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The Basics To Get You Started

Prepare & File Articles Of Organization
FREE Registered Agent for !st Year
Lifetime Customer Support

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149

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Everything from Silver +

EIN / Tax ID Number
Personalized Operating Agreement
Customized LLC Kit

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299

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Everything from Silver & Gold +

Expedited Filing
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Contracts Library

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