How Do I Form an LLC in Georgia?

Georgia LLCs are formed with the Secretary of State's Corporations Division. Here is where to file, what it costs, and the yearly registration that follows.

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Georgia keeps the path to an LLC in one place. You file with the state, pay a fee, then keep the company in good standing each year. Here is how to form an LLC in Georgia, step by step.

Where Georgia LLCs are formed

Georgia's Secretary of State says corporations, limited liability companies, and limited partnerships in Georgia are formed by filing with the Corporations Division.

That is your office. Every form and fee in this article goes there. If you are still weighing the choice, read up on whether an LLC is the right fit first.

What it costs to file Articles of Organization

The Georgia Secretary of State fee schedule lists LLC Articles of Organization at $100.00 plus $10.00, for $110.00.

That $110.00 is the cost to form a Georgia LLC. Other states charge other amounts. You can compare them on the state filing fee page.

How to pay the filing fee

How you pay depends on how you file. Georgia's guide spells out three ways.

Filings sent electronically to the Corporations Division require payment by a credit card accepted by the Division. The Division accepts Visa, MasterCard, Discover, and American Express, plus ATM or debit cards with the Visa or MasterCard logo.

Filings mailed to their offices require payment with a check, certified bank check, or money order.

Hand-delivered filings may be paid by check, certified bank check, money order, or credit card. Cash cannot be accepted.

One more rule on checks. All checks must be pre-printed with a complete address to be accepted. No counter or starter checks will be accepted.

Each filing also requires a single payment. A single payment cannot be accepted for multiple filings.

Expedited processing and timing

In a hurry? Georgia offers expedited service.

Same day expedited service requests must be received by the Division by noon of a business day. Documents received after noon will be reviewed by noon on the next business day.

One hour expedited processing service requests are reviewed on business days between 9:00 a.m. and 4:00 p.m. Documents received outside of business hours will be reviewed on the next business day starting at 9:00 a.m.

So plan around the clock. A one-hour rush still needs to land inside the review window.

The annual registration Georgia requires

Forming the LLC is not the end of it. Georgia's guide says each business entity registered or filed with the Office of Secretary of State is required to file an annual registration.

Entity annual registrations are due by April 1st of each year. You can file as early as January 1st.

The annual registration fee is $60.00 for an LLC. The fee schedule lists it at $50.00 plus $10.00. Other states have their own yearly filings. Read about the annual LLC report to see how these work.

What you need for the annual registration

Georgia's guide lists what a corporation brings to the task.

A corporation filing an annual registration needs its control number or the name of the corporation. It also needs the name and address of each officer, including the CEO, CFO, and Secretary.

The name, email address, and telephone number of a person authorized to make corrections must be provided as well.

Online filing is the quick route. Annual registrations filed online are processed immediately, with no expedite fee required.

There is a shortcut for simple years. One Click Annual Registration lets a business file without making changes and without logging in. The entity must be current on all annual registration fees to use it.

After you file, you can review all filings and receipts in your dashboard after logging into eCorp. The annual registration and receipt will also be emailed to you.

Late filing penalties and payment issues

Miss the April 1st date and it costs you. The Georgia Secretary of State fee schedule lists a $25.00 penalty for late filing of the Annual Registration.

Fees paid for filing an annual registration are non-refundable. Pay only when you mean to file.

Payment problems carry their own cost. Dishonored checks or credit card payments are subject to a $30.00 NSF charge along with payment for the dishonored item. Under O.C.G.A. § 13-6-15, the Secretary of State may file a civil suit over a dishonored payment.

The fee schedule lists an LLC's Application for Reinstatement at $250.00 plus $10.00, for $260.00.

Out-of-state LLCs doing business in Georgia

Already formed your LLC somewhere else? Georgia's Secretary of State says some foreign out-of-state entities which do business in Georgia also must file with the Corporations Division.

The fee schedule lists a foreign LLC's Certificate of Authority to Transact Business in Georgia at $225.00 plus $10.00.

Our guides cover the registered agent role, how to get an EIN, and the business license question.

Other states have their own steps too. See how to form an LLC in Texas, New York, Colorado, California or Florida.

Sources

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