How to Form an LLC in Georgia: Filing, Agent, and Annual Registration

To form an LLC in Georgia, you file Articles of Organization with the Secretary of State’s Corporations Division and pay a $110 filing fee. Online filings are typically processed in about seven business days, and once approved the state issues a Certificate of Organization that officially creates the entity. From there you handle federal and state tax registrations, any local business licenses your city or county requires, and an annual registration each year to keep the LLC in good standing.

Pick a Name That Meets Georgia’s Rules

Your LLC’s name has to be distinguishable from every other entity already on file with the Secretary of State, and it must include a designator: “Limited Liability Company,” “L.L.C.,” or “LLC.”¹

Some words carry extra requirements. Variations of “bank,” “insurance,” “trust,” “credit union,” or “savings & loan” require written approval from the relevant state regulator before you can use them, and “college” or “university” needs sign-off from the Georgia Nonpublic Postsecondary Education Commission.²

Not ready to file yet? You can reserve a name for 30 days by submitting a Name Reservation Request online or by mail. The reservation costs $35 ($25 filing fee plus a $10 service charge) and ends when the 30 days run out or when you file your Articles of Organization, whichever comes first.²

If you want to operate under a name other than the LLC’s legal name, that’s a separate filing called a DBA or trade name. In Georgia, DBAs are filed with the Clerk of the Superior Court in the county where the business is located, not with the Secretary of State, and you must publish notice of the registration in the local legal newspaper once a week for two consecutive weeks.³ A DBA doesn’t create a separate legal entity and doesn’t add any liability protection.

Appoint a Registered Agent

Every Georgia LLC needs a registered agent to receive lawsuits and official notices on its behalf. The agent has to have a physical street address in Georgia. P.O. boxes don’t qualify.⁴ The agent can be an individual Georgia resident or a business entity authorized to operate in the state.

Owners often name themselves to save money. The tradeoff is that your address goes on the public record, and legal papers could be served at your place of business in front of customers. Commercial registered agent services take those documents for you for an annual fee.

If you need to swap agents later, you can update the information through your annual registration or an amended annual registration.² An LLC that lets its agent lapse risks administrative dissolution.

File the Articles of Organization

The Articles of Organization is the document that legally creates the LLC. Georgia requires it to include the LLC’s name and the registered agent’s name and address.⁵ The online system also collects an email address for state notifications about your annual registration and status changes.

Member-Managed or Manager-Managed

By default a Georgia LLC is member-managed, meaning all owners share the authority to run the business and bind it to contracts. If you’d rather designate one or more managers to handle day-to-day operations, whether or not they are owners, you can specify that in the Articles.⁶ Leave it out and the state treats the LLC as member-managed.⁵

Who Signs

An organizer signs the Articles to certify the information. The organizer doesn’t have to be a member; the role is simply to submit the paperwork.

Fees and Filing Methods

You can file online through the Corporations Division’s eCorp portal or by mail. Either way the total is $110 ($100 filing fee plus a $10 service charge).⁷ Online filers pay by Visa, MasterCard, American Express, or Discover; mail filers send a check or money order. Fees are non-refundable.

Processing Times

Standard turnaround depends on how you file:

Online: about 7 business days.
By mail: about 15 business days from the date the Corporations Division receives your filing.

If you need faster service, expedited options are available for an extra fee on top of the $110:⁸

Two business days: $120.
Same business day: $275, submitted before noon on a business day.
One hour: $1,200, available business days between 9:00 a.m. and 4:00 p.m.

After Approval

Once the Secretary of State approves the filing, the state issues a Certificate of Organization that includes a unique control number for future dealings with the Corporations Division.⁷ Save it. You’ll need it to open a business bank account and set up tax accounts.

If you spot a mistake after approval, you can file Articles of Correction for a $20 fee.⁹

Put an Operating Agreement in Writing

Georgia doesn’t require a written operating agreement. The state recognizes both written and oral agreements among members about how the LLC will run.¹⁰ For a single-member LLC, a signed writing stating it is intended as the operating agreement is enough.

A written agreement is still worth having. It usually covers how profits and losses are split, what happens when a member leaves or joins, how major decisions get made, and what triggers dissolution. Without one, Georgia’s default LLC rules fill in the gaps, and those defaults may not match what the members actually intended.

Get Your EIN and Register for State Taxes

Most LLCs need an Employer Identification Number from the IRS, especially if the LLC has more than one member, hires employees, or files certain tax returns. The IRS issues EINs for free through its online tool and typically gives you the number immediately. Form the LLC with the state first; the IRS may hold up the application if the entity doesn’t exist yet.¹¹

Any LLC doing business in Georgia may also need to register with the Georgia Department of Revenue for taxes such as income tax withholding or sales tax. Registration goes through the Georgia Tax Center, and the state tax account number typically arrives within about 15 minutes of submission. You’ll need your EIN and a NAICS code to complete it.¹²

Check Local Business License Requirements

Most Georgia cities and counties require businesses operating within their limits to obtain a local business license or occupational tax certificate. Fees and rules vary widely, so check directly with the city or county where the LLC will operate to see what applies.

File Your Annual Registration Every Year

Every Georgia LLC has to file an annual registration with the Secretary of State between January 1 and April 1 each year.¹³ The fee is $60, paid online or by mail.¹⁴ Filings submitted before January 1 won’t count toward the upcoming period.

Miss the April 1 deadline and the state adds a $25 late penalty.¹⁴ Ignore it long enough and the Secretary of State can administratively dissolve the LLC, stripping its legal protections and good standing. The annual registration is also the place to update your registered agent or registered office address if either has changed.²

1
Justia. Georgia Code 14-11-207 – Name
2
Georgia Secretary of State. Business Division FAQ
3
Georgia.gov. File for a DBA (Doing Business As)
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Justia. Georgia Code 14-11-209 – Registered Agent and Registered Office
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Justia. Georgia Code 14-11-204 – Articles of Organization
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Justia. Georgia Code 14-11-304 – Management
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Georgia Secretary of State. How to Guide – Create or Form a New Domestic Entity
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Georgia Secretary of State. Corporations Division Filing Fees
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Justia. Georgia Code 14-11-1101 – Filing Fees and Penalties
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Justia. Georgia Code 14-11-101 – Definitions
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Internal Revenue Service. Get an Employer Identification Number
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Department of Revenue. Register a New Business in Georgia
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Georgia Corporations Division. One Click Annual Registration
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Georgia Secretary of State. How to File Annual Registration