How to Start an LLC in Georgia

Forming a limited liability company (LLC) comes with many benefits. This business legal structure combines the limited liability of a corporation with the flexibility and lack of formalities provided by a partnership or sole proprietorship. An LLC also provides liability protection to its owners.

This article covers how to start an LLC in Georgia. For more information on how to form an LLC in any state, see our article on how to start an LLC.

1. Choose a Name for Your Georgia LLC

When creating your LLC, you'll need to decide on a business name. This initial step is an exciting one. But you'll want to make sure the name you choose follows Georgia's laws around LLC names.

LLC name must be distinguishable. Your LLC's name must be distinguishable from the names of other business entities already on file with the Georgia Secretary of State (SOS). In other words, your LLC's name can't match another business's name, domestic or foreign, that's been registered or reserved in Georgia. You can check which business names are available by searching the Corporations Division's business name database on the SOS website. (Ga. Code § 14-11-207 (2024).)

LLC name must include an entity designator. Under Georgia law, an LLC's name must contain "limited liability company," "limited company" or an abbreviated version of one of those two names. For example, you can abbreviate "limited" as "ltd." or "company" as "co." You can also use the acronyms LLC or LC, with or without periods. (Ga. Code § 14-11-207 (2024).)

Name reservation. If you've picked out a name for your LLC but aren't ready to register your business, you can reserve your business name with the SOS. File a name reservation request form with the SOS to reserve your business name for 30 days. You can file the form online through the SOS's online services page or by mail. As of 2024, the fee to file online is $25 and the fee to file by mail is $35. You can renew your name reservation. (Ga. Code § 14-11-208 (2024).)

Using a trade name. You don't have to use your LLC's official legal name when doing business. Your LLC's legal name is the name that you listed in your articles of organization. Instead, you can use a trade name, also called a "fictitious name," "DBA" (short for "doing business as"), or "assumed name." If you use a trade name, you must register it with the clerk of the superior court in the county where your LLC's principal office is located. (Ga. Code § 10-1-490 (2024).)

Your county clerk will provide the appropriate form to register your trade name. Check with your county clerk for current filing fees. You must also publish a copy of your trade name registration in a local newspaper. The notice must be published at least once a week for two weeks. See the file for a DBA webpage on the Georgia state website for more instructions. (Ga. Code § 10-1-490 (2024).)

2. Appoint a Georgia Registered Agent

Every Georgia LLC must have an agent for service of process (called a "registered agent") in the state. A registered agent is an individual or business entity that agrees to accept official papers on the LLC's behalf—for example, if the company is sued.

An agent can be either:

• an individual resident of Georgia
• a Georgia corporation or LLC, or
• a foreign corporation or LLC authorized to transact business in Georgia.

The registered agent must have a physical street address in Georgia. (Ga. Code § 14-11-209 (2024).)

3. File Articles of Organization and Transmittal Form

You can form a Georgia LLC by filing articles of organization with the SOS. The articles must include the LLC's name. (Ga. Code § 14-11-204 (2024).)

You can file your articles online at the SOS's online services page. Alternatively, you can file the articles in person or by mail by completing both the Articles of Organization for LLC (CD 030) form and the Transmittal Form — Limited Liability Companies (CD 231).

Your transmittal form must include:

• the LLC's email address
• LLC's name and name reservation number (if any)
• the name, address, email, and phone number of the person filing the articles
• the LLC's principal mailing address
• the name, address, and email of the LLC's registered agent, and
• the name and address of each LLC organizer.

As of 2024, the filing fee for Georgia articles of organization is $100. Paper filings incur an additional $10 fee.

4. Prepare an Operating Agreement

Georgia, like most states, doesn't require LLCs to have operating agreements. Though not required, drafting one has many benefits. This internal document establishes how your LLC will be run. It sets out the rights and responsibilities of the members and managers, including how the LLC will be managed.

Apart from creating a clear roadmap for how your LLC will operate, an operating agreement can help preserve your limited liability by showing that your LLC is truly a separate business entity from you.

Without an operating agreement, Georgia's LLC laws will govern how your LLC operates.

(Ga. Code § 14-11-101 (2024).)

5. Get an EIN and Comply With Other Tax and Regulatory Requirements

Other tax and regulatory requirements might apply to your LLC. For example, your LLC might need to obtain an EIN, apply for business licenses and permits, and register for business taxes.

EIN. If your LLC has more than one member, it must obtain a federal employer identification number (EIN), even if it has no employees. If you form a single-member LLC, you must obtain an EIN for your LLC only if you'll have employees or you elect to have your LLC taxed as a corporation instead of a sole proprietorship (disregarded entity). You can obtain an EIN by completing an online EIN application on the IRS website. There's no filing fee.

Business licenses. Georgia doesn't issue a statewide business license. However, depending on your business activities and location, your LLC might need to obtain local and state business licenses or permits. For local licenses, check with the clerk for the city where the LLC's primary place of business is located (or county if it's in an unincorporated area) or your local chamber of commerce. For state license information, check the licensing section of the SOS website. For additional details, see our article on how to get a small business license in Georgia.

Georgia Department of Revenue. If you have employees or will be selling goods and collecting sales tax, you'll need to register with the Georgia Department of Revenue (DOR). For many taxes, you can register your business online through the Georgia Tax Center. For more information on Georgia business tax registration, check out Georgia LLC annual tax and filing requirements.

6. File Annual Registrations

All LLCs doing business in Georgia must file an annual registration with the SOS. The annual registration is due every year between January 1 and April 1. (Ga. Code § 14-11-1103 (2023).)

You can file your annual registration online. If you have no changes to your registration, you can use the SOS's One Click online service, a streamlined process that doesn't require you to log in to your eCorp account. You can choose to file your registration for the next one, two, or three years. You can also print out and submit your annual registration form by mail.

As of 2024, the annual registration fee for an LLC is $50. Submitting your registration by mail costs an extra $10.

Additional Help With Your Georgia LLC

The SOS offers a how-to guide to register a domestic entity. From that guide, you can find easy-to-access links to resources, information, and filing services. You can also read our article on how to start a Georgia business for more details on the business startup process.

If you want specialized help in creating your LLC, check out Form Your Own Limited Liability Company, by Anthony Mancuso (Nolo). For an end-to-end solution, you can use our online LLC formation service. Just answer a few questions about the company you want to start and we'll take care of the paperwork for you.

If you're looking for personalized legal help, speak with a Georgia business attorney. A lawyer can help you file your formation paperwork, draft your governing documents, and apply for the necessary licenses and permits.