LLC constitution in Georgia is easy. fair follow these six steps, and you ‘ll be on your way .
1. Name Your Georgia LLC
You ‘ll need to choose a diagnose to include in your articles before you can register your LLC.
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Names must comply with Georgia naming requirements. The following are the most important requirements to keep in mind :
- Your business name must include the words Limited Liability Company, LLC, or L.L.C.
- Your name must be different from an existing business in the state. You can do a search on the Secretary of State’s website to determine if a particular business name is in use. For name availability in Georgia, check this link.
- The business name cannot contain words used to name a government agency (i.e., State Department, CIA, FBI, Treasury, etc.)
- Certain restricted words (bank, lawyer, attorney, credit union, etc.) may require additional documentation and licensure paperwork.
See a complete list of Georgia ‘s naming rules .
- URL availability. Even if you don’t think you’ll need a webpage, you probably will. At the very least, you should reserve the option of having one in the future by buying your domain name now. Before finalizing your LLC name, it’s a good idea to check if the URL is available.
- Reserve your name. If you aren’t ready to register your LLC but are concerned your name might be taken by someone else, you can reserve it for a small fee. In Georgia, names may be reserved for up to 30 days by paying the fee and submitting the proper form to the state authority.
2. Choose Your Registered Agent
Georgia requires you to appoint a register agentive role for your LLC .
A read agent is the person or entity authorized to receive serve of process and other official legal documents and notices on behalf of your LLC .
A registered agent can be a person ( including yourself or an employee of your LLC ) or an entity that offers a registered agent serve. They must meet the following criteria :
- Entities (or companies) must provide registered agent services.
- The agent must have an address in Georgia.
- The agent must be on-site and available to accept documents during regular business hours.
3. Prepare and File Articles of Organization
The Articles of Organization is a document that formally establishes your LLC by laying out basic information about it .
Prepare Articles of Organization and file them with the Georgia Secretary of State Corporations Division Corporations.to register your Georgia LLC by rights. Though it sounds like a big caper, that plainly means filling out a relatively bare on-line form and submitting it. You can besides send it by mail .
To prepare your articles via mail, you need the following:
- Your LLC name
- A signature of the person filling out the form. That could be a member, manager, lawyer for the LLC or another organizer.
To prepare your articles online, you need to file a completed Transmital Informational form Georgia LLC. The form should include the following:
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- LLC’s email address
- LLC’s principal mailing address
- LLC’s name and name reservation number (if any)
- The name and address of the person filing the articles
- The name and address of LLC’s registered agent and
- All the organizers’ names and addresses.
once you file your Articles, the secretary of country will review the filing. If the articles are approved, the LLC becomes a legal business entity .
4. Receive a Certificate From the State
When the the secretary of state receives your articles of organization your business formally starts. Within five to seven business days, the secretary of submit will process your charge and mail a security of organization to your business address .
This certificate will allow the LLC to obtain an Employer Identification Number ( EIN ), business licenses, and business savings bank report .
5. Create an Operating Agreement
An operate agreement is a text file that outlines the way your LLC will conduct business .
Whether or not your state requires it, an manoeuver agreement is an essential component of your clientele. Having a readily accessible, written operate on agreement is helpful for assorted reasons, including settling disputes that may arise over fiscal agreements and other electric potential litigation. Without an agreement in target, the courts make determinations based on state law, not inevitably what is in the best interest of the LLC and its members .
The operate agreement can include, but is not limited to, the follow :
- LLC’s name and principal address
- Duration of the LLC
- Name and address of the registered agent
- Information about the Articles of Organization
- Purpose of the business
- Members and their contribution
- The way profits and losses will be divided
- Procedure for admitting new members, as well as outgoing members
- Management of the LLC
- Indemnification and liability clauses
6. Get an Employer Identification Number
The nine-digit Employer Identification Number ( EIN ) is assigned by the Internal Revenue Service to identify your LLC for taxes. You can obtain your EIN by mail or on-line through the IRS .
The purpose of an EIN is to assist with the be :
- File and manage taxes at the state and federal level
- Open a business bank account.
- Hire employees.
Registering your LLC gives you a legal initiation to conduct business. plan to keep your LLC compliant and in active condition on the country ‘s web site.
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In Georgia, to remain in good standing, the annual registration is ascribable between January 1 and April 1 of the class following the calendar year in which the LLC was formed. This registration must be filed on-line .
You besides need to maintain a registered agentive role and quarterly tax payments for your business. Depending on how you elect your LLC to be taxed, you may be responsible for annual corporate tax and net deserving tax. State and diverse federal taxes may apply .
A register LLC besides makes it possible for you to do the pursuit :
- Obtain permits or licenses necessary to operate your business, including health department permits, zoning permits, home occupation permits, professional licenses, and more. Some states require a seller’s permit to conduct sales.
- Register your business with the state’s tax agency.
- Open a business bank account.
- Apply for a business credit card.
- Purchase insurance for your business.
- Protect your name and logo with a trademark.