Do you need to form a Georgia limited liability company? You should know that while you can outsource this task to some professional services firm or an online service, the work is surprisingly simple.
In the paragraphs below, we provide step-by-step instructions for forming an LLC in the Peach State. (These instructions are up-to-date as of July 27, 2020.). We’ve also got a free, downloadable “do it yourself” kit you can use. In other words, the price you pay to purchase equals “zero.” That kit provides more information about LLCs and includes a couple of free LLC operating agreements. (We used to sell the kit but since the Covid-19 pandemic have simply given the kit away.)
Again, though, if you just need a hand with getting the forms filed with the state, simply follow these instructions:
1. Check if the LLC name you want is available
As a first step, you may want to check if the LLC name you want to use is even available. Here’s an easy and free way to do this: You can search for a similarly named LLC using the Georgia Department of State’s online database at:
https://ecorp.sos.ga.gov/BusinessSearch
You can also reserve a name prior to filing. A reservation fee of $25 must accompany the request. The reservation may be made at the Corporations Division web site,
http://www.sos.ga.gov/acrobat/corporations/name%20reservation%20form%2008.pdf
A number that remains in effect for 30 days will be provided by return e-mail within 24 hours of receipt of the request, and often sooner. Place the number on the Transmittal Form 231 that is filed with the articles of organization. A reservation number may also be obtained by writing to the Division at the above address. Provide the name, address and telephone number of the person making the request. Reservations are not available by telephone. Filings are accepted without a name reservation.
2. Create an account
To access nearly everything on the Georgia Corporations Division website, you will need to create an account, which is free. You can do so at:
https://ecorp.sos.ga.gov/Account
Alternatively, you can file by mail. You’ll need to submit both the Articles of Organization and the Transmittal Information Form.
The URL, or web page address, for the Articles of Organization is shown below.
The URL, or web page address, for the Transmittal Information Form is shown below:
Both forms of filing ask for similar information and follow roughly the same format. These instructions are for the first version (file online) but can be used for either version.
3. Begin the filing for a domestic limited liability company
Once you have created your online account, you will be taken to a home page for your new account, which includes a list of all the services available online. Click on the Create or Register a Business button. Then click the option to create a new domestic business, and choose Domestic Limited Liability Company from the drop-down menu.
4. Identify the name you want to use for your new LLC
Enter your business or investment name onto the lines provided. (I used the example name, “Peach Explosives LLC.”) The name must include “Limited Liability Company” or one of the standard abbreviations, “LLC,” or “L.L.C.” For example, all of the following names should be acceptable:
- Peach Explosives Limited Liability Company
- Peach Explosives LLC
- Peach Explosives L.L.C.
5. Provide the LLC principal office mailing address
This is the address where the LLC will receive mail.
6. Provide name and address of LLC’s registered agent
A registered agent must be an individual or entity whose primary residence or usual place of business is in Georgia. If an individual or entity resides in Georgia, it may serve as its own registered agent.
7. Identify yourself as the LLC organizer
Getting tired of writing your name and address yet? You need to provide your name and address as the LLC organizer.
8. Electronically sign the articles of organization
Click the check box to indicate your compliance with the law and that the information on the form is true and accurate.
9. Provide payment information and submit
You will need to provide payment information to pay the $100 filing fee.
The Georgia secretary of state’s website says it usually turns around applications in five to seven days, though “workload issues” can sometimes result in a longer turnaround time of up to ten business days.
Again, you can also mail the completed forms and a check for $110 to:
Corporations Division
2 Martin Luther King Jr. Dr. SE
Suite 313 West Tower,
Atlanta, Georgia 30334