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Starting an LLC in Georgia

 

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Georgia Limited Liability Company Law Summary
Provisions Applicable to Starting an LLC in Georgia

LLCs (Limited Liability Companies): 

Names:  The Georgia limited liability company name must contain the words "limited company" or "limited liability company" or the abbreviation L.C., LC, L.L.C. or LLC.   The name cannot contain any word or phrase that indicates or implies that it is organized for the purpose of conducting any business other than a business which it is authorized to conduct.  The name must be distinguishable from the name of any active domestic or foreign LLC or corporation filed with the state.

Registered Agent:  Every Georgia limited liability company must list the registered agent.  The registered agent must have a permanent legal address in Georgia where legal papers may be accepted on a regular basis. 

Members: Georgia law allows a Georgia limited liability company to only have 1 Member when starting an LLC in Georgia.  There are no restrictions on who can be a Member.  So, any individual, corporation, trust, partnership or another LLC may be an owner (Member) of an LLC.

Operating Agreement:    While Georgia law does not specifically require a written Operating Agreement, many of the provisions of the Georgia LLC Act contemplate that a Georgia LLC have an Operating Agreement.  An Operating Agreement is the most important document for an LLC as it establishes the owners of the LLC and a management structure for a Georgia limited liability company.

Management:  A Georgia LLC can be either member managed or manager managed.  If your LLC is going to be manager managed, your formation document should state that the LLC is manager managed and have other important provisions regarding management.

Business Purpose:  Starting an LLC in Georgia can be for any lawful purpose.  There are no restrictions under the Georgia LLC Act restricting the type of business activity an LLC may engage in. In addition, the business purpose of starting the Georgia LLC is not required to be set forth in the Articles of Organization.   

Annual Fee.  A Georgia LLC needs to file a simple annual registration statement with the State of Georgia each year and pay an annual $30 fee.  This requirement must be made by April 1st of each year.  Late payments and filings are subject to penalties and can result in the cancellation of the LLC.

 

When starting an LLC in Georgia, GeorgiaBusinessFormation offers the fastest and complete service to forming a Georgia LLC which for a limited time includes an excellent eBook to teach you about what to do after formation to preserve limited liability protection.

 

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Disclaimer: The information provided on this site is for educational purposes only and does not constitute the provision of legal advice.

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