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If you’re thinking about starting an LLC in Georgia, you’ll need to take certain steps to get your business off the ground. These include forming your company as well as complying with other state requirements. Although the process itself may seem complicated, it can be broken down into several straightforward steps that will help make sure that your company doesn’t encounter any problems during its formation or after it has been established.
Before you begin the process, it’s a good idea to prepare for it. The first step involves choosing a legal name for your company. This is important because you’ll be required to submit this name when you file Articles of Organization with the Secretary of State. In addition, if you plan on operating under an assumed name (DBA), then this will also be part of your LLC’s legal identity in Georgia.
Next, you’ll need to file Articles of Organization with the Secretary of State by submitting an Application for Certificate of Formation along with two other forms: one called a Reasonably Current Financial Statement (RCFS) and another called an Organizational Report/Certificate Filed By Lessor/Lessee/Trustee (ORCF/ORCT). You can also opt out of filing these forms if they’re not applicable based on your business structure or type.
Finally, after preparing all your paperwork and filing it correctly with state officials, there are some basic steps that need completing before your business officially opens its doors:
To give your LLC the best chance of success, there are some preparation steps you can take ahead of time to make sure that you’re ready.
One of the first things you’ll need to do to form your LLC is choose a legal name for it. In Georgia, you can use any name that isn’t already in use by another business entity (corporation, partnership or limited liability company).
Naming your LLC is pretty easy; however, there are a few guidelines that you should follow when choosing your name:
An article of organization is simply a document that officially creates your LLC. It includes all the basic information about your business, such as:
To fill out the Articles of Organization for your Georgia LLC, go to this link and follow these steps:
After filing your Articles of Organization, one of the next steps you’ll want to take is designating a registered agent who will accept official correspondence on behalf of your business. You can choose anyone you want. The registered agent doesn’t have to be an employee or a director; it can be a family member or friend. And if you don’t know any potential candidates, you can use our list of top-rated companies that specialize in providing registered agents for small businesses.
This service is free—but keep in mind that if you select an individual as your registered agent, they’ll need an address where they’re willing to receive mail at least twice per year (typically once per quarter). If this requirement doesn’t fit with how often they receive email or how often they check their mailbox (or if they don’t have any kind of dedicated physical address), it might not work out well for everyone involved.
Most state laws require you to have an Operating Agreement for your LLC. It’s typically a document that spells out how your company will be run, how profits will be distributed and how decisions are made. This can help prevent disputes between members of an LLC, as well as protecting you from legal problems that might arise later on.
If you don’t want to create one yourself—and many people do not—you can purchase pre-written operating agreements online or from office supply stores. Just remember: if you decide to purchase one, make sure it hasn’t expired yet!
Once you’ve set up your LLC, there are a few steps to take in order to maintain it and ensure that it stays on track for continued success.
First, keep good records. Your LLC will need to keep records of its activities and transactions in order to pay taxes accurately, stay compliant with legal requirements, and remain in good standing with the state of Georgia. These records will include:
The process for starting an LLC in Georgia is straightforward but does have several steps that need to be completed before you can begin operating. This guide will walk you through the steps of forming a new LLC.
So, now that you know all about how to form an LLC in Georgia and the steps required, why not get started? We can help! Our experienced attorneys are here to assist you every step of the way with your business.
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