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Filing DBA in Georgia

Date: 06/22/2022 | Category: | Author: developers

Filing DBA in Georgia

One of the most influential characteristics of any business is its name. It is considered the first or initial point of reference to any business by their competition, customers, as well as employees. Naming a business is often the toughest first step although filing DBA in Georgia is considered a much easier process as opposed to other forms of business names. This article will provide you with an insight into understanding a DBA, how to obtain a DBA in Georgia, the registration process, renewal, and even canceling a trade name.

Doing Business As or DBA in Georgia

Georgia is home to 1.1 million small businesses and this constitutes different business structures like sole proprietorships, partnerships, LLCs, and corporations among others. Some of these businesses choose to apply for Georgia DBA online to necessitate business operations in the state. Georgia trade name registration is governed by the 2020 Georgia Code, Title 10 – Commerce and Trade, Chapter 1 – Selling and Other Trade Practices. A DBA also known as a trade name in the state is not a mandatory requirement although it is important to understand what a DBA is and whether your company requires it.

What is DBA in Georgia?

If you are planning to start and establish a small business in Georgia then the first step would be to identify an appropriate name. There are primarily two types of business names and they are either based on the name of the owner or any other name except that of the owner. The latter is considered a DBA or “doing business as”. A DBA name is also referred to as a trade name in Georgia, a fictitious business name, or an assumed name. If you file an online DBA in Georgia application then the chosen trade name will be considered as the operating name of your company as opposed to legal names reserved with the state like those used by business corporations or limited liability companies. Let’s look at an example to understand a DBA.

Example: If you are planning to start a bakery in Atlanta, GA and if you are the sole owner then there are two business name options. You can name it after your name like Melissa Johnson Cakes. In such a scenario, this will be the legal name of the store. Now, if you don’t want your name as the brand name then you can opt for something like Melissa’s Cookies or Baking with Melissa. In such a scenario, you will need to apply for an online DBA Georgia registration.

A business name is integral to creating brand value for any company. If you are wondering how to obtain a DBA in Georgia then the first step will be to identify the factors to be considered when choosing a business name or a trade name. Some of the factors or elements that will help you to identify a trade name in Georgia are:

  • You need to identify your brand identity and then choose a DBA accordingly. This will ensure your chosen name reflects the company values correctly e.g., Ryan’s Digital or James’ Physiotherapy.
  • Try to ensure your chosen DBA or trade name in Georgia is simple. You can also opt for a short and creative name e.g. Rhiana Bakes.
  • When you choose a name, there could be trademark issues. If you are thinking ‘how do I look up a DBA in Georgia’ then try searching for trademarks in the database of the United States Patent and Trademark Office (USPTO). You can use the Trademark Electronic Search System for this.
  • One of the aspects to consider in this digital age is SEO. If you want a business name that is search engine optimized then use SEO Business name generator tools like Namelix, SEMRush, Moz Pro, and Looka.

Filing DBA in Georgia for LLC and Corporation

DBA stands for “doing business as” and is a type of business name that is more common amongst sole proprietorship entities but this doesn’t mean a limited-liability company or a corporation cannot use such a name. There are certain scenarios where-in an LLC or a corporation will apply for a Georgia DBA online. Some of the classic scenarios for choosing a DBA are:

  • An LLC or a corporation that is already established but wants to rebrand or create an offshoot entity may opt for Georgia DBA online application. Choosing a trade name in Georgia will lower the cost and reduce the time of creating a new LLC or business corporation.
  • An LLC or a corporation that exists in another state and wants to start in Georgia. In this scenario, their existing business name might not be available for reservation and if such a company wants to conduct their business using the same name then the alternative is filing a DBA in Georgia.

Do you want to file a Georgia DBA for your company?

Do Georgia DBA Name Search

If you are facing the question, ‘how do I look up a DBA in Georgia’ then the answer lies in conducting a thorough search for existing DBA or trade names. Name search is important whether you are planning to go with a traditional LLC or corporation name or a fictitious name. The objective of this search is to ensure a chosen name is available so that you can apply for Georgia DBA online. There are three ways to conduct this name search and they are:

It is important to note that the database contains names and trademarks that are registered with the office of the Secretary of State.

Register your DBA with the county clerk of superior court

If you are wondering how to obtain a DBA in Georgia then it is important to identify whether your chosen trade name is in use or not. Once you have conducted a fictitious name search and if the DBA is available then the next step would be filing a DBA in Georgia. When it comes to fictitious or assumed names, the filing regulations are different for each state in the USA. In the state of Georgia, you will need to file a DBA with the Clerk of the Superior Court.

You can apply for Georgia DBA online or by mail and will be required to submit a Trade Name Application form. The Georgia DBA online application fee is $171 and you are required to mail the original notarized application along with a copy to the Clerk of Superior Court of the respective county. The normal processing time is 4 weeks. We at IncParadise, have the experience and expertise in the filing of DBA and can assist you with the process.

Publish a notice in the local newspaper

One of the primary requirements after filing a DBA in Georgia is to publish a copy of the trade name registration in a local newspaper. According to Georgia state law, it should be published in a newspaper that the Sheriff’s office of the said county uses for legal advertisements. You have to publish Georgia trade name registration information once a week for two consecutive weeks and ensure to keep a copy of the Publisher’s Affidavit as proof. The cost of publishing will vary according to the newspaper and the county.

Managing Georgia DBA

Filing a DBA in Georgia makes it possible for businesses to transact in the state using the fictitious name or trade name. Every state has its own set of DBA rules and regulations especially when it comes to the renewal of a DBA, changing a trade name, and canceling the DBA. Let us look at the renewal, change, or cancellation processes or how they work post Georgia trade name registration.

How to renew a Georgia DBA?

Many states require you to renew a DBA annually or after a specific period according to state laws. On the contrary, a Georgia trade name registration means that you are not required to renew it. The DBA will be applicable till the time you cancel it or make amendments.

How to change a Georgia DBA?

After filing a DBA or a trade name in Georgia, if you want to change the said name then the option is to apply for an amendment. You will be required to file an Amendment to Trade Name Application, have it notarized, and submit it to the county clerk of superior court in the said county. The filing fee may vary from one county to another for example the fee in Fulton County, GA is $171.

How to cancel Georgia DBA?

After filing a DBA in Georgia, you may at some point in time want to cancel the trade name. There could be several reasons for canceling a DBA including dissolving the business itself. If you want to withdraw or cancel your Georgia trade name registration then it is possible. There is a process for the same and the application and procedure can vary from one county to another. In Gwinnett County, you will be required to file a Trade Name Cancellation Request Form with the Gwinnett County Superior Court, Trade Name Division. However, in the County of Forsyth, you will be required to file an Affidavit to Cancel Registered Trade Name with the Office of Clerk of Superior Court.

Need Any Assistance in Filing Georgia DBA?

Filing a DBA in Georgia takes place with the office of the County Clerk of Higher Court and not the state. Hence, the process, documentation, and fee may vary from one county to another. Georgia DBA online application is an intricate process and IncParadise can provide valuable assistance with the process. We have expertise and knowledge regarding state and county laws pertaining to trade names and can help you to register Georgia DBA.

Since each business has a different requirement; we have created additional services to cater to specific business related requirements in Georgia. Some of the most common services offered include getting a tax id, S corporation status, and dissolutions among others.

Do you want to apply for a Georgia DBA or Trade Name?

How to get a business license in Georgia?

Date: | Category: | Author: developers

How to get a business license in Georgia?

Georgia has one of the top pro-business environments in the nation thus making it a favorite amongst new business owners. To operate a new business in the state, there are initially two important requirements, which are to register the business and obtain a Georgia business license. This article has been created to help you understand the different types of licenses and permits required in the state, the process to obtain them, the issuing authorities, fees, and Georgia business license renewal.

Business License in Georgia

A Georgia business license is a specific document that is issued by the state government, other government agencies, city or local county. This is also considered a permit and grants a company to operate or transact at a specific geographic location within the state. Each state has its own laws, regulations, and requirements when it comes to applying for and issuance of a license or permit. Some states have general business licenses while others have local licenses. The defining factor for the type of license or permit required is mostly business activity but in some states like Georgia, the licensing requirement and type is based on the location as well.

What business license do I need in Georgia?

In order to understand how to obtain a Georgia business license, it is important to identify whether you really need a license and if yes then what are the types of licenses or permits applicable. Unlike some of the other states like Delaware or Washington; Georgia doesn’t have a state-level general business license. Since every new or existing business in the state requires an operating license or even a permit. Some of the factors that play a key role in defining the need for a Georgia business licenses are:

  • If you are planning to start a retail business then you will require a sales tax permit or sellers permit
  • If your profession falls under those specified by the professional licensing board like athletic training, Security Company, or landscape artist then a professional license would be required from the appropriate licensing board.
  • Different counties and cities in Georgia have their own licensing regulations and requirements e.g., if your business is situated in Cobb County then you will require Occupation Tax Certificate as well as Zoning sign-off.

Want to know more about what Business Licenses you need in Georgia?

Seller’s Permit in Georgia

One of the important forms of Georgia business license that specific entities would require in the state is the seller’s permit. This type of permit as the name suggests is required by any business new or existing that sells or buys tangible goods in the state. If you are an entity or an individual selling online including e-commerce, through retail, or wholesale; you will need to obtain a sales and use tax number in Georgia pursuant to O.C.G.A. § 48-8-2. The seller’s permit is a small business license in Georgia that you can obtain after registering for sales and can use tax numbers online using the Georgia Tax Center (GTC).

There is no fee for applying for a seller’s permit in Georgia and once you obtain it there is no need for Georgia business license renewal. You will need to provide specific information including entity type, business activity information, and withholding information among others.

Georgia Business Licenses for Specific Occupations and Professions

One of the important forms of Georgia business license and permits is those associated with specific occupations and professions. Different people with specific skill sets pursue professionals based on such skill sets and these professions can pave the door for small businesses or startups. There are several state agencies responsible for certifying and licensing a wide variety of professionals, which can vary according to the industry and the state organization. The best place to conduct a Georgia business license search for professions is with the Professional Licensing Boards Division governed by the office of the Secretary of State (SOS).

There are several categories of professions or industries that require a small business license in Georgia. Some of the top professions licensed by the Professional Licensing Boards of Georgia are:

  • Architects & Interior Designers
  • Athletic & Entertainment Commission
  • Conditioned Air Contractors
  • Occupational Therapists
  • Landscape Architects
  • Long-Term Care Facility Administrators
  • Water & Wastewater Treatment Plants
  • Professional Counselor or Social Worker
  • Private Detectives & Security Agencies
  • Immigration Assistance

If your profession is as a real estate agent and you are planning to start a firm then you will need to apply with the Georgia Real Estate Commission & Appraisers Board for a Georgia business license.

Where Can I Apply For a Business License in Georgia?

The issuing authority for Georgia business licenses and permits differ according to the type of business activity, the profession, and the location of the company. Hence, it is important to conduct a Georgia business license search to identify the type of license or permit required and accordingly apply for it with the appropriate authority. The most important type of license is the business tax certificate.

A business tax certificate is a type of small business license in Georgia that is also known as a local license or county license. The issuing authority is the county clerk’s office or Business Licensing agencies in the city where your business is based. You will need to conduct a Georgia business license search for identifying the type of license and then apply with the right authority. In some counties, this may also be known as the occupation tax certificate or certificate of occupancy. Let’s look at an example to understand this.

Example: If you start a small business in the City of Atlanta then you will need to apply for a business tax certificate. You may also need to apply for regulatory permits prior to applying for the certificate. You need to conduct a Georgia business license search using the regulatory permit directory to determine whether such a license or permit is required. If you are planning to sell alcoholic beverages then you will apply for a permit with the Atlanta Police Department – License and Permit Unit and similarly, if you plan to start a Pet Grooming (Kennel) then you will need to apply with the Georgia Department of Agriculture.

It is important to note that all business licenses normally will expire by December 31 each year and you have to apply for Georgia business license renewal.

How Do I Get More Information About Business Licensing in Georgia?

When you start a small business in Georgia, your licensing requirements can be different from other businesses in the same industry. You may need to apply for single or multiple Georgia business licenses but it always helps to know the type of licenses required by your company. There are several resources that can help you in this endeavor including the first stop business guide by the office of the Secretary of State. You can also check the Rules and Regulations of the State of Georgia, Department 295 for details on licensing procedures in the state and Georgia business license renewal or expiration.

Need any Assistance in Obtaining Your Georgia Business License?

If you are planning to start a new business in Georgia then one of the primary requirements is to ensure you obtain a Georgia business license. Licenses or permits will provide you with the necessary authority to conduct business in the state. The type of license will depend on the type of business activity, location, and even profession or occupation.

The process and requirements of Georgia business licensing may look complex and this is where IncParadise can help you. We offer a “Business License Research Report” service, which constitutes detailed information about licensing in Georgia like filing instructions and supporting document requirements. We also provide several additional services to new and existing businesses in the state.

Do you need help with a Georgia Business License?

How to start a sole proprietorship in Georgia?

Date: | Category: | Author: developers

How to start a sole proprietorship in Georgia?

A sole proprietorship is one of the simplest forms of a business structure and is fairly common too. Most first time business owners choose to start a sole proprietorship in Georgia as it can be run as an individual entity and provides higher control over business assets as well as profits. If you are looking at sole proprietorship then this guide can help you understand various features of this type of business structure. The guide will also provide an understanding of how to start a sole proprietorship in Georgia including registration, preparing a business plan, filing an assumed name, obtaining licenses and permits among others.

Sole Proprietorship in Georgia

Georgia has the ninth largest economy in the US with contributions from several top industries like agriculture, advanced manufacturing, tourism, aerospace, food and beverages, forearms, and heavy equipment among others. If you have a business idea then you can start a sole proprietorship in Georgia as the state offers just the right business climate. The state is also home to startup accelerators and incubator grant programs for small businesses, and state incentives programs.

Registering a sole proprietorship in Georgia means that you will become a part of the 1.1 million small businesses that exist, compete, and enjoy a variety of state benefits. One of the key aspects to consider while setting up a new business is accessibility to valuable business resources. Entrepreneurs filing a sole proprietorship in Georgia can access several state and private resources, tools, and training by the Small Business Development Center (SBDC) and the Georgia Department of Economic Development.

What is a sole proprietorship in Georgia?

A sole proprietorship is a type of unincorporated business that is owned and operated by an individual. If you start a sole proprietorship in Georgia then there will be no distinction whatsoever between your company and you especially when it comes to filing taxes. You will be entitled to all profits made by the business and will also be responsible for all losses, debts, and liabilities of the company. This type of company is also known as individual entrepreneurship or sole tradership. If you want to know how to start a sole proprietorship in Georgia then first you will need to understand the various features of this form of entity structure.

Important features of sole proprietorship in Georgia

A sole proprietorship is one of the oldest business structures and is also known as a sole trade organization or entity. If you are thinking of filing a sole proprietorship in Georgia then there are several key features that you need to know about. The important features of a sole proprietorship are:

  • This type of business is considered a one man ownership entity, which means that if you start a sole proprietorship in Georgia then you are the owner.
  • It is not a separate business entity unlike LLC’s where the business and the owners are considered separate. There will be no distinction between the entity and the owner.
  • Registering a sole proprietorship in Georgia means that all management, financial, and operational decisions will be made by the owner without any interference from others in the company.
  • When it comes to Georgia taxes; a sole proprietorship will file taxes through the individual or owner’s income tax return.
  • Starting a sole proprietorship in Georgia is easy and involves fewer formalities as compared to other forms of businesses like corporations, or LLCs.
  • Filing a sole proprietorship in Georgia means that there will be an unlimited liability. As an owner, you will be personally liable for any losses or debts.
  • Since there are no partners or co-owners in this form of business, the process of dissolution is also quite simple.
  • If you are wondering how to start a sole proprietorship in Georgia then the answer is quite simple. You are not required to file any formation document for conducting business in the state unlike for corporations or limited-liability companies.

Are you ready to start a sole proprietorship in Georgia?

Steps to Start Sole Proprietorship in Georgia

If you are thinking of filing a sole proprietorship in Georgia then you need to first start with understanding the market, the state laws, and the requirements associated with conducting a business. There are certain requirements to fulfill and this can vary from one state to another like a sole proprietorship Georgia lookup for business names or knowing the licenses or permits that will be required by your company. Let us look into these important requirements in detail as they will enable you to set up a business and run it smoothly.

1. Prepare a business plan

One of the important and often undermined drivers of a sole proprietorship business is a good business plan. The need for such a plan lies in the fact that it can help your company to grow and become established after registering a sole proprietorship in Georgia. A business plan is considered a strategic plan and will help you in setting specific business related objectives based on market research, and even provides ways to develop new alliances. If you are planning to start a sole proprietorship in Georgia then a business plan should ideally focus on the following key areas:

  • Executive Summary
  • Mission, Goals, and Objectives
  • Organizational Matters
  • Personnel and Outside Services
  • Risk Management Strategy
  • Product or Services
  • Target Audience
  • Competition Analysis
  • Situation Analysis
  • SWOT Analysis
  • Marketing Plan
  • Distribution, Promotion, and Pricing
  • Financial Plan

2. Choose a Georgia business name

When you start a sole proprietorship in Georgia or any new business for that matter, one of the first things to identify is a business name. The name of the company is integral to its very existence and hence needs to be well thought out. In a sole proprietorship, the company name is usually the personal name or the owners’ name although you can also opt for a fictitious name also known as the “doing business as” name. You can conduct a sole proprietorship Georgia lookup when choosing a name as there are plenty of examples available online. Some of the fundamental aspects of choosing a name for your company are:

  • Keep the name as simple as possible
  • The name should be easy to pronounce
  • The company name should represent your product or service
  • Conduct a copyright or trademark search for the chosen name
  • Check for the availability of a domain name based on the company name

3. File Assumed business name

If you are wondering how to start a sole proprietorship in Georgia then the first step is to identify a name. Most sole proprietorships use a DBA name, which is also known as a fictitious name or an assumed name. It is because this form of business is not considered a separate legal entity from its owner. If you want to start a sole proprietorship in Georgia using any other name apart from your name then you will need to file a Georgia trade name.

For example: If your name is John Reese and you want to start a cookie store in Georgia, then you can simply use your name like ‘John Reese’. Alternatively, if you want to give it a more personal touch then you can name it “John’s Crumbling Cookies”. In such a scenario you will need to file a DBA or trade name before you can start a sole proprietorship in Georgia. We at IncParadise can help you with the filing of a DBA (doing business as) in this state.

It is important to note that you need to conduct a sole proprietorship Georgia lookup prior to filing a trade name as this will ensure the name is already not in use.

4. Get EIN

Filing a sole proprietorship in Georgia means that you will be required to pay income tax on your personal return since the business and the owner are considered the same. Normally, you will need the Social Security number (SSN) to file personal income tax but in specific scenarios, you may be required to apply for and obtain an Employer Identification Number (EIN). After registering a sole proprietorship in Georgia, you may need to apply for an EIN if:

  • Your company has employees
  • You have a Keogh plan
  • You are filing pension plan returns
  • You have to file Chapter 7 or Chapter 11 bankruptcy
  • You have to file sales tax in Georgia

5. Obtain necessary licenses and permits

Once you start a sole proprietorship in Georgia, you need to ensure the business is operational or you are able to transact in the city or county your company is based in. This is possible only when you have obtained the necessary licenses and permits. You may require multiple licenses or permits depending on the type of business activity. Business licensing can be categorized under:

  • County or local licensing
  • Professional or regulated licensing

After registering a sole proprietorship in Georgia, you will need to apply for local licensing from the county office or professional license. The Georgia Secretary of State Licensing Board is the top agency when it comes to licensing as well as regulating specific professions. However, some professionals like law and health care are licensed by other state departments.

If your profession or industry is not listed with the State Licensing Board then you will have to check with the Georgia State Agency governing the industry or profession. In addition to local or county licenses, you may also have to obtain zoning clearances and building permits necessary to start a sole proprietorship in Georgia.

If you are wondering how to start a sole proprietorship in Georgia and obtain the right licenses and permits, then our Business License Research Report service can help you. This is a detailed research report that contains a list of filing instructions, supporting document requirements, and fees for all business licenses and permits for your sole proprietorship business in Georgia.

6. Open a bank account for your Georgia business

A sole proprietorship business is a single owner driven and controlled business. Since the business and the owner are not considered separate entities like in an LLC; you will be required to file a personal income tax return. Hence, it is very important to ensure the revenue generated or expenditures of your business are separate from your personal bank account. This can be made possible by opening a business bank account using which you can make business related transactions. You can open this business account before or after filing a sole proprietorship in Georgia.

7. Report and pay taxes

Registering a sole proprietorship in Georgia means that you will be required to report taxes annually. As a sole proprietor, you will be required to establish a Georgia Tax Center (GTC) account with the Department of Revenue (DOR). You will need the following information for registering such an account:

  • Social security number (SSN) or Employer Identification Number (EIN)
  • Any recent federal adjusted gross income (FAGI) or Adjusted Gross Income (AGI)
  • Your NAICS code
  • The type of tax account you want to register for

When you start a sole proprietorship in Georgia, depending on the type of business activity, you may also be required to collect Georgia sales tax. This is especially true for businesses involved in retail sales of tangible personal property as well as certain services like the sale of accommodation and limo services among others…

Ready to Start a Sole Proprietorship Business in Georgia

A sole proprietorship is one of the simplest business structures that you can form. Filing a sole proprietorship in Georgia will not require you to register with the office of the Secretary of State but there will be a certain amount of paperwork involved in making your company operational. This is where IncParadise can provide expertise towards ensuring you are able to start your sole proprietorship business with ease in the state.

If you are wondering what all documentation and requirements exist for registering a sole proprietorship in Georgia then check our additional services. These services are tailored according to different business requirements in the state and include filing a DBA and getting an EIN, among others.

Do you want to start your Sole Proprietorship in Georgia?

How much does it cost to form a Georgia LLC or Corporation?

Date: | Category: | Author: developers

How much does it cost to form a Georgia LLC or Corporation?

Georgia, the ninth-largest state in terms of economy is home to a vibrant and flexible business environment. It ranks amongst the top ten states when it comes to being the home base for first-time entrepreneurs and women-owned firms. The cost to form a Georgia LLC or corporation is also amongst the lowest making the state a favorite for startups. This guide has been specifically created to provide you with an insight into various aspects of LLC vs Corporation in Georgia including formation costs, annual maintenance costs, and advantages of LLCs and corporations.

Georgia LLC or Corporation

The two most popular business structures that first-time business owners opt for are a limited liability company and a business corporation because of the advantages they have over other business structures. The cost to form a Georgia Corporation or LLC is driven by several factors like state laws, annual fees, licensing fees, and other operating costs. The forming cost for a Georgia Corporation is almost the same as that of an LLC and is lower than many other states like the District of Columbia, Illinois, and Maryland among others.

Which business entity should I choose for Georgia business?

Georgia is amongst the top states when it comes to educational institutions, transportation infrastructure, economic activity, container ports, and fiscal stability among others. These factors play a key role in determining the cost to form a Georgia LLC or any other business structure. It is important to understand that different business structures have their own set of advantages and can have a significant impact on taxation, legal liability, ownership control, management, and even attracting funding. We have listed certain elements of a structure that will help you determine the right structure for your business.

  • Control of business – If you are looking for ownership control or want to have control of the entire business then a sole proprietorship or a limited-liability company would do justice as corporations require a board of directors.
  • Capital investment – All businesses require funds for starting a business or operating a business. The cost to form a Georgia Corporation can be small but operating costs can be more than you expect. It is easier to get capital investment from VCs and other private funding sources if you incorporate in Georgia as compared to forming any other business.
  • Taxes – One of the key areas that helps in deciding what business structure you want is taxes. This is one of the primary reasons why entrepreneurs opt for an LLC or elect S Corporation status as both are pass-through entities. The lowering of taxes will result in lower Georgia LLC costs per year.
  • Limited Liability Protection – One of the most important aspects to consider apart from the forming cost for a Georgia Corporation or LLC is liability protection. Liability protection refers to helping business owners avoid any personal liability for the debts of the company.
  • Complexity – There are certain types of business structures that can have a complex registration, formation, and operation process as compared to other structures like forming and operating a sole proprietorship is easier than corporations.

Pros and Cons of Forming an LLC or Corporation in Georgia

The overall cost to form a Georgia LLC or a corporation is lower than several other states but this is not the only benefit you can derive. The state boasts of a pro-business environment driven by a robust infrastructure, skilled workforce, good macro-economic framework, low taxes, robust public financial management, and high state credit ratings. It is one of the favored states for new business formation including corporations, LLCs, sole proprietorships, etc., and that is why it is important to consider the benefits of an LLC vs a Corporation in Georgia.

Georgia LLC

A Georgia limited liability company will have several advantages as well as disadvantages as compared to other forms of businesses. Here are some of the pros and cons that will help you make an informed choice.

Pros of LLC

  • If you are planning to register a Georgia LLC then there is a certain degree of flexibility that you will enjoy especially when it comes to taxation. A Georgia LLC can be taxed as an S Corporation, C corporation, sole proprietorship, or even a partnership.
  • The overall cost to form a Georgia LLC is much less compared to some of the other states
  • When you look at a comparison of formation costs of LLC vs Corporation in Georgia, the initial registration costs are the same.
  • The members of a Georgia LLC will enjoy limited liability protection and pass-through taxation.

Cons of LLC

  • If you are planning to register a limited-liability company then apart from the cost to form a Georgia LLC, you will also be required to file different types of state taxes.
  • VCs and angel investors prefer a business corporation over an LLC with respect to funding and this is the biggest disadvantage of LLC vs Corporation in Georgia.
  • The paperwork is more for new business formation as compared to some of the other states
  • There is a Georgia LLC annual registration fee applicable for all LLC’s domestic or foreign.

Are you thinking of starting an LLC in Georgia?

Georgia Corporation

A Georgia business corporation is one of the most favored structures in the state and has its advantages and disadvantages. They are:

Pros of a Corporation

  • The cost to form a Georgia Corporation is less compared to some of the other states.
  • If you incorporate in Georgia then one of the top benefits is protection of your personal assets.
  • One of the advantages, when you compare LLC vs Corporation in Georgia, is that as a corporation, you will enjoy access to capital investments from private investors including VCs.
  • One of the top benefits apart from the low cost to form a Georgia Corporation is its perpetual existence. It means that a corporation can continue to exist indefinitely regardless of the status of its owners, directors, or even shareholders.

Cons of a Corporation

  • Although the cost to form a Georgia Corporation is low, there are additional costs involved like double taxation. This means that a corporation pays taxes on the income while shareholders pay tax on dividends.
  • The process to incorporate in Georgia can be time consuming and may involve a lot of paperwork including submitting a notice of incorporation in local newspapers
  • Since a business corporation follows a rigid structure, it has lesser flexibility as compared to other structures like a sole proprietorship or LLC.

Do you want to start a Georgia corporation?

Georgia LLC Cost

One of the most popular forms of businesses amongst new business owners is the limited liability company. Apart from the cost to form a Georgia LLC, there are several other advantages this type of structure offers. You can choose to form a Single-member LLC (SLLC) or a Multi-member LLC and also elect the S Corporation tax structure. If you are planning to form a limited-liability company then let us take a look at the Georgia LLC annual registration fee and other costs related to formation and operations.

Cost for forming Georgia LLC

When we think of the cost to form a Georgia LLC, it is not just about the initial formation or new business registration costs. There will be other costs associated with helping the business become operational. The various costs associated with a limited liability company include the following:

  • One of the important initial costs to form a Georgia LLC is name reservation. You will need to file the name reservation request form with the office of the Secretary of State. If you are filing online then there is a non-refundable filing fee of $25 and if you are submitting a paper form then the fee is an additional $10 ($35).
  • In order to register your business in Georgia, you will have to file the Articles of Organization with the Secretary of State. The filing fee is $100 for online submission and $110 for submission by mail or if hand delivered. This fee is an important part of the Georgia LLC cost per year.

Annual maintenance cost for Georgia LLC

Once you have registered a limited-liability company in Georgia; it is important to ensure that you meet all the standards and requirements of the state including annual registrations. There is a Georgia LLC cost per year for keeping your business operational and active. The costs involved are as under:

  • Business Licenses – Once you have filed the Articles of Organization, your business is registered with the state but will not be operational unless you have obtained the necessary licenses and permits. The cost will vary according to the type of licenses or permits, the number of licenses, and the county your business is established in. It is not a part of the initial cost to form a Georgia LLC but is considered an annual maintenance cost as you have to renew licenses and permits each year.
  • Annual Registration – One of the important requirements of a Georgia LLC is the annual registration also known as the annual report. The Georgia LLC cost per year for annual registration is $50 and it has to be submitted each year between January 1 and April 1.

If you are feeling overwhelmed with the several processes involved in keeping your company compliant with state laws then we, at IncParadise can assist you. We can help you to register LLC in Georgia as we possess the experience and expertise related to new business registration in the state.

Georgia Corporation Cost

If you are thinking about what the cost would be to form a Georgia Corporation then it is almost similar to that of a limited liability company. The costs can be divided into initial costs, annual costs, and recurring costs and are associated with helping a business remain operational in the state. Let us take a look at the forming cost for a Georgia Corporation as it is an integral part of new business registration.

Cost of forming Corporation in Georgia

The cost to form a Georgia Corporation is lower than incorporation costs in several other top states in the country. The cost to incorporate in Georgia is basically a one-time cost and includes:

  • One of the important initial costs to form a Georgia Corporation is name reservation. You will be required to file the name reservation request form with the office of the Secretary of State. If you are filing online then there is a non-refundable filing fee of $25 and if you are submitting by hand or through mail then the fee is an additional $10 ($35).
  • The primary objective of every new business is to register with the state so that conducting business is easier. As a corporation, you will be required to file the Articles of Incorporation with the Secretary of State. The filing fee is an important forming cost for a Georgia Corporation and it is $100 for online submission and $110 for submission by mail.

Annual maintenance cost for Georgia Corporation

Apart from the initial cost to form a Georgia Corporation, there will be a cost attached to the annual maintenance of the said company. This annual cost may be a recurring cost and will help your business to remain in compliance with all state laws. The annual maintenance costs involve the following:

  • Business Licenses – Once you have filed the Articles of Incorporation along with the cost to form a Georgia Corporation, you will need to apply for and obtain business licenses. The costs of licenses and permits will be determined by different elements like business activity, industry, and the county your business is operating in. You may also require zonal licenses or permits. It is important to note that licenses will have to be renewed each year and hence will be a recurring cost unlike the one-time forming cost for a Georgia Corporation.
  • Annual Registration – One of the important requirements of a Georgia business corporation is annual registration, which is a type of annual report. This cost is applicable after you incorporate in Georgia and the fee is $50. The annual registration has to be submitted each year between January 1 and April 1.

The cost to form a Georgia Corporation will also take into account other aspects of the business like obtaining the Employer Identification Number (EIN), and filing of annual corporate taxes. We, at IncParadise can not only provide guidance on fulfilling annual maintenance requirements and state compliances but also help you to incorporate in Georgia.

Need any Assistance in Forming Your Georgia LLC or Corporation

If you are planning to incorporate in Georgia or want to form an LLC in the state then there are several processes involved. You will also be required to maintain annual compliance and all this can make the new business formation process complex. We at IncParadise can provide valuable assistance by handling your new business formation or incorporation requirements while ensuring your company is compliant with all state laws.

IncParadise is one of the leading business incorporations and Georgia registered agent service providers and we have helped thousands of LLCs and corporations to form their businesses. We also provide a wide variety of additional services like getting a tax id, foreign qualification, S corporation status, and dissolutions among others.

Are you ready to form a new business in Georgia?

How to Register a Corporation in Georgia?

Date: | Category: | Author: developers

How to Register a Corporation in Georgia?

Georgia is considered one of the top economies in the USA and is ranked at number 7 where total trade value is concerned. It is home to several Fortune 500 and Fortune 1000 companies. A large number of top companies have been formed as traditional corporations. If you want to incorporate in Georgia then this guide will assist you with all the relevant information. The guide will provide an insight into various state requirements like benefits of incorporating in Georgia, naming of Georgia Corporation, local licenses, and permits, the process of incorporation, and taxes among others.

Georgia Corporation

Entrepreneurs choose to form a corporation in Georgia due to several factors right from a growing economy to tax credits and business incentives. Georgia has a strong transportation and logistics infrastructure and Foreign-Trade Zone (FTZ) that helps small business owners from diverse industries to unlock the opportunity to increase supply chain efficiency. The peach state is home to several top corporations including The Home Depot, Inc., RaceTrac Petroleum, Inc., Aaron’s Inc., Turner Broadcasting System, Inc., and Hooters of America Inc. among others. You can register a Georgia Corporation online to become a part of this vibrant and stable economy.

What is a Georgia Corporation?

A corporation also known as the traditional C Corporation and is a legal structure or entity where the owners or the shareholders are taxed separately from the business itself. It is one of the popular forms of business and when you form a corporation in Georgia, you will have the same rights as individuals have like entering into a contract, lending or borrowing money, hiring employees, and owning assets among others. You can register a Georgia Corporation online or offline with the office of the Secretary of State. The various types of a corporation that you can form in the state are:

  • Business Corporations
  • Foreign Corporations
  • Nonprofit Corporations
  • Secretary of State Corporations
  • Professional Corporations
  • S Corporation
  • Close Corporations
  • Benefit Corporations

What are the benefits of incorporating in Georgia?

There are several advantages that entrepreneurs can leverage when they register a corporation in Georgia. A C Corporation is different from other forms of businesses in terms of legal structure and its advantages also differ from that of other structures. Some of the benefits of incorporating in Georgia are:

  • Limited liability protection – When you incorporate in Georgia, one of the salient aspects that you will benefit from as an owner is limited liability protection. Since a corporation is a separate legal entity, hence its debts, liabilities, and obligations, are separate from the owners. Thus, the owner will not be responsible personally for business liabilities and debts.
  • Perpetual existence – One of the top benefits of incorporating in Georgia is that the corporation enjoys perpetual existence. This simply means that a corporation can exist separately from its owners or shareholders. In comparison, if the owner in a sole proprietorship has a disabling illness or passes, then such a business will cease to exist but this is not the case with a corporation as it will continue to exist.
  • Transfer of ownership – When you form a corporation in Georgia, one of the benefits is that the ownership of the company will be easily transferable through the sale of a share of the corporate stock. The selling of corporate stock will transfer the economic and management rights.

Starting a Georgia Corporation

Georgia is gradually becoming a popular destination for technology affiliated startups and is considered one of the vibrant ecosystems for innovation and investments. So, if you are wondering how to form a corporation in Georgia then you need to ensure proper business mapping prior to launch. The following processes will help you to fulfill all the requirements for starting a new business in the state.

1. Name Georgia Corporation

In order to register a corporation in Georgia, you will need to have a business name. Naming a new business or startup is considered one of the toughest brainstorming processes but it is also the most important. You can use name generator tools or simply ideate based on the products or services you are planning to launch. There are certain naming guidelines of the state that you will need to follow and they are:

  • The chosen name should contain “corporation”, “incorporated”, “company”, and “limited”, or the abbreviation like “corp.”, “inc.”, “co.”, or “ltd.”, pursuant to GA Code § 14-2-401 (2020).
  • The business name should be distinguishable from the names of any other business entity that exists in the records of the Secretary of State including nonprofit corporations, limited partnerships, professional associations, and fictitious names of a foreign corporation among others.
  • The chosen name should not exceed 80 characters and this includes spaces and punctuation.

Once you have identified a business name; you need to conduct a Georgia business entity search also known as a name availability search. If the chosen name is available then you have to apply for a reservation of the specified name in order to register a Georgia Corporation online. You can submit a name reservation request form with the office of the Georgia Secretary of State. The name can be reserved for 30 days and the filing fee is $25.

2. Appoint Georgia registered agent

If you are wondering how to form a corporation in Georgia then it is important to note that there is a new business formation process that you are required to undergo. This process involves the filing of incorporation documents and name reservation while maintaining compliance with all state laws. The process may seem complex and involve extensive documentation and this is where a reputable Georgia registered agent like IncParadise can assist you.

In order to form a corporation in Georgia, you will need to designate and continuously maintain a registered agent in the state pursuant to GA Code § 14-2-501 (2020). IncParadise can be your Georgia registered agent as we have knowledge of the state laws and the processes involved for new business incorporations. We can help you to incorporate your startup into the state and also help you to maintain the annual requirements of the state.

3. Choose Georgia Corporation’s initial directors

A corporation’s initial directors are the first directors that are named in the articles of incorporation or have been elected during an organizational meeting. The initial directors are important requirements if you want to incorporate in Georgia. These directors have to serve until the shareholders of the company hold the first meeting to elect successors. The corporation’s initial directors may consist of one or more members although the numbers can be changed using the by-laws of a corporation.

4. File Georgia Articles of incorporation

Once you have planned to incorporate in Georgia, you have to ensure all state requirements are fulfilled where documentation is concerned. You will be required to prepare and submit the Articles of Incorporation pursuant to GA Code § 14-2-202 (2020). You can register a Georgia Corporation online or the articles can be hand-delivered or mailed to the Corporations Division. If you are planning to submit the articles in-person or by hand then it has to be submitted to the Corporations Division.

Alternatively, IncParadise can assist with the filing of your Articles of Incorporation. We are incorporation specialists and with our help, you will be able to ensure compliance with state regulations and also save valuable time.

Are you thinking of starting a Georgia Corporation?

5. File notice of incorporation

If you are planning to form a corporation in Georgia then one of the important requirements is to file a notice of incorporation. This is also known as Publication of Notice of Intent to File Articles of Incorporation. It involves delivering an undertaking to the Secretary of State that the said corporation will publish a notice of the filing of the articles of incorporation pursuant to GA Code § 14-2-201.1 (2020). The notice has to be published in one of the top newspapers in the county or city where the business is based. This notice has to be published at least once a week for two consecutive weeks.

6. Prepare bylaws for Georgia Corporation

When you form a corporation in Georgia, one of the important areas to focus on is the preparation of the corporation’s bylaws. The bylaws have to be adopted by the board of directors or incorporators of the said corporation pursuant to GA Code § 14-2-206 (2020). The bylaws are considered to be the governing rules on the basis of which a corporation will operate. If you have been thinking about how to form a corporation in Georgia then you need to start by preparing bylaws. Bylaws are different from the Articles of Incorporation and are not submitted to the office of the Secretary of State.

7. Get an EIN

If you are planning to register a Georgia Corporation online or offline then there are certain requirements that you need to fulfill to make the business operational. One such requirement is that of applying for and obtaining an Employer Identification Number (EIN). This is a unique 9 digit number that is assigned by the Internal Revenue Service (IRS) to business corporations. It is also known as the Federal Employer Identification Number (FEIN) and helps file corporate or business taxes in the state.

8. Hold an organizational meeting

One of the steps toward forming a corporation in Georgia is to hold an organizational meeting. This is a key event and it is a form of initial meeting undertaken by the incorporators and the elected board (initial) of directors. The primary objective of the organizational meeting is to execute tasks integral to the functioning of the corporation like:

  • Drafting articles of incorporation to form a corporation in Georgia
  • Distribution of initial shares
  • Election of officers
  • Drafting as well as approving the corporate bylaws
  • Voting towards accepting the corporate seal
  • Voting towards accepting the stock certificates

9. Open a bank account for Georgia Corporation

If you are planning to register a corporation in Georgia then opening a business bank account is highly recommended. A business banking account is also known as a checking account is crucial for keeping your personal and business expenses as well as income separate. This helps in ensuring clean record-keeping and proper filing of taxes. One of the benefits of incorporating in Georgia is that there are several top banks where you can open an account including Wells Fargo and JPMorgan Chase.

10. File Georgia reports and taxes

Once you form a corporation in Georgia you may be required to pay taxes annually in the state. According to the 2020 Georgia Code, Title 48 – Revenue and Taxation, Chapter 7 – Income Taxes, § 48-7-21, a domestic as well as foreign corporation conducting business in the state has to pay income taxes annually equivalent to 5.75 percent of the Georgia taxable net income of the said corporation. This tax is also known as the corporate income tax. If you register a Georgia Corporation online or offline, your company may also be required to pay a net worth tax. This tax is based on the net worth of the company although corporations with a net worth lower than $100,000 are not required to file this tax.

When you register a corporation in Georgia, you will need to also ensure all annual state requirements are fulfilled. Apart from the taxes, you have to file Annual Registration, which is a type of Annual report. It has to be filed annually between January 1 and April 1 each year along with a filing fee of $50.

Know more about starting a Georgia Corporation

There are several queries that you may have especially when you are planning to register a corporation in Georgia. There are different types of corporations you can form in the state and the incorporation process along with the Georgia Corporation filing fees can be different for each type of entity. Hence, we have created a special section of “Frequently Asked Questions” for addressing some of the queries that you may have as a new business owner.

How do I form a “C” corporation, an “S” corporation, or a “501(c)(3)” corporation in Georgia?

There are different types of corporations that you can form in Georgia like the traditional C Corporation, S Corporation and the 501(c)(3) corporation also known as a non-profit organization.

  • C Corporation – If you incorporate in Georgia as a C Corporation then you will be required to file the Articles of Incorporation with the office of the Secretary of State along with a fee of $100 (online filing) and $110 (by mail or hand delivered) pursuant to GA Code § 14-2-202 (2020).
  • S Corporation – Once you register a corporation in Georgia, you can choose to operate it as an S Corporation. An S Corp is a tax election and hence has to be filed with the IRS. Once you register a Georgia Corporation online, you can download Form 2553 (Election by a Small Business Corporation) and submit it to the Department of the Treasury, Internal Revenue Service. Once you receive S Corporation status, you may need to file the Form 600 S-CA, which is a consent agreement by nonresident shareholders of the said S Corporation.
  • 501(c)(3) corporation – A 501(c)(3) corporation is also known as a nonprofit company and is mostly formed to serve specific purposes like charitable, religious, literary, scientific, or educational. In order to form such a company in Georgia, you will need to file Articles of Incorporation with a Georgia corporation filing fees of $100 pursuant to GA Code § 14-3-202 (2020). You will also be required to submit a Transmittal Form.

How much does it cost to start a corporation in Georgia?

If you want to form a corporation in Georgia then the starting costs will depend on the type of domestic or foreign corporation. There are primarily three initial starting costs for a corporation and they are:

  • Business Name – This denotes the cost of name reservation
  • Cost of Incorporation – This includes Georgia Corporation filing fees for the Articles of Incorporation and publishing a notice of incorporation.
  • Business Licenses – The third cost is a variable cost depending on the type and number of business licenses and permits required to operate in Georgia

How do I know if my Georgia Corporation name is available?

In order to register a Georgia Corporation online, you will need to reserve your chosen business name. You may have chosen a name for your company and this name might not be unique, i.e., someone already has reserved the name with the office of the Secretary of State. Hence, it is better to always check in advance for name availability by using Georgia Corporations Divisions Business Search. This is a detailed database that has information pertaining to any entity registered with the state.

Does a Georgia corporation need a business license?

Yes. If you are planning to incorporate in Georgia and want to operate or transact in the state then you will require proper licenses and permits. You may have to apply for county or city licenses also known as business tax certificates. You may also be required to obtain a certificate of occupancy from the city or county zoning departments along with licenses or permits for regulated occupations and industries. You can subscribe to our Business License Research Report service, which provides detailed information on different aspects of licensing in the state.

What is a Corporate Director?

A Corporate director is an individual who is also a member of the said corporation’s board of directors. A corporate director has to be appointed or elected member and assists with the management of a corporation. A corporate director cannot make business decisions by himself/herself and instead has to work with the entire team of board of directors. A corporate director along with other board members can make decisions on behalf of the said corporation regarding corporate policy, employee retirement, executive compensation, mergers, dissolutions, issuance of new shares, and asset sales among others.

What should Corporation bylaws include?

When you form a corporation in Georgia, you will also need to create corporate bylaws. Although, you are not required to submit the bylaws with the Secretary of State, having one can be quite beneficial. A corporate bylaw can provide a roadmap for business operations and also provide legitimacy to the company. Different companies create their bylaws according to their requirements but some components that remain the same. Whether you register a Georgia Corporation online or offline, the information to include in the bylaws are:

  • Statement of Purpose
  • Rights and responsibilities of members
  • Board of Directors
  • Corporate Meetings
  • Committees
  • Issuing stock to shareholders
  • Officers like President, CEO, etc
  • Conflict of Interest
  • Indemnification
  • Policy for Amendment

How can I register a foreign Corporation in Georgia?

If you already have an existing business in any state other than Georgia and want to move your business or expand in this state then you need to apply for foreign qualification. This is a process by which you can incorporate in Georgia as a foreign corporation. You will be required to file a Certificate of Authority with the Secretary of State pursuant to GA Code § 14-2-1503 (2020). Whether you register a Georgia Corporation online or through mail, you will need to submit a certificate of existence or certificate of good standing along with the authority to transact business in the state. The certificate of existence will be issued by your home state or the state in which the said entity was initially incorporated.

How many authorized shares should my corporation list?

One of the benefits of incorporating in Georgia is that you can issue stock. A share of stock is considered to be a percentage of ownership with regard to the said corporation. If a corporation was to issue two shares of stock and each shareholder will have 50% ownership rights in the company. Since the state of Georgia has no restrictions on the number of shares that a corporation can issue; you can issue anywhere between 100 shares to 15 million depending on preference.

How do I dissolve a corporation in Georgia?

Once you register a Georgia Corporation online, the said company will be in existence unless you end its existence officially. The dissolution process of a corporation is governed by 2020 Georgia Code, Title 14 – Corporations, Partnerships, and Associations; Chapter 2 – Business Corporations, Article 14 – Dissolution. There are three categories of dissolution and they are:

  • Voluntary Dissolution
  • Administrative Dissolution
  • Judicial Dissolution

After you incorporate in Georgia; the incorporators, board of directors, and shareholders can file the Articles of Dissolution of Profit Corporation (Form CD412) to initiate the process of voluntary dissolution. There is a service charge of $10 and you have to file the articles of dissolution with the Corporations Division.

Ready to Start a Georgia Corporation?

There are different types of business structures you can form although the benefits of incorporating in Georgia are much more as compared to some of the other types of entities. If you are thinking of registering a domestic or foreign entity in the state then IncParadise can assist you with the process of incorporation.

IncParadise is one of the top Georgia registered agents and we have helped with more than 10,000 new business formations. We also offer a wide variety of additional services like foreign qualification, EIN assistance, and certificate of good standing in Georgia among others.

Do you want to incorporate in Georgia?

How to form your LLC in Georgia?

Date: | Category: | Author: developers

How to form your LLC in Georgia?

Georgia is considered one of the top economies in the nation and is home to several top companies globally. Entrepreneurs and first time business owners choose to form a Georgia LLC as the state has one of the most business friendly laws. Apart from the state benefits, the limited liability status that comes with forming an LLC can also be a boon in disguise. This article will guide you through the process of forming a limited-liability company right from choosing a business name to hiring and maintaining a Georgia LLC registered agent. The guide will provide an insight into various state requirements like operating agreements, local licenses and permits, and taxes among others.

LLC in Georgia

Georgia with its strong infrastructure and a growing economy is a good location for a small business or a startup. The state is home to 1.1 million small businesses and a Gross Domestic Product (GDP) of $533.57 billion, which makes it the 9th largest economy in the nation. The peach state is home to several Fortune 500 companies with most of them based in Atlanta including the Home Depot and the Coca-Cola Company. The state offers several business targeted programs that you can take advantage of after you form a Georgia LLC. As a limited-liability company, you can even leverage the various tax credit programs the state has implemented.

What is Georgia LLC?

A limited liability company (LLC) is a type of flexible business structure with the salient aspect as limited personal liability. If you form a Georgia LLC then you will be able to benefit from the tax benefits that it has over certain other entities like traditional corporations and sole proprietorships. A limited liability company in Georgia is a type of private limited company that is considered a hybrid legal entity. It is a hybrid because it has specific characteristics of a traditional C Corporation and a partnership depending on the number of owners. If you are planning to file an LLC in Georgia then you can choose any of the following structures:

  • A Single-Member LLC is similar to a Sole Proprietorship
  • Multi member-managed LLC
  • A series LLC
  • Manager-Managed LLC
  • Foreign limited liability company

Benefits of forming an LLC in Georgia

There are several reasons why entrepreneurs prefer to form a Georgia LLC and one of the primary reasons is the various benefits this type of business structure offers. Some of the benefits offered by an LLC are:

  • Tax regime – When you form a Georgia LLC, you get to select the type of taxation it will follow. A limited liability company may elect to be taxed as a sole proprietorship, partnership, C Corporation, or even an S corporation. This provides a lot of flexibility.
  • Liability protection – One of the most important benefits you can leverage when you file an LLC in Georgia is limited liability protection. The owners or members of an LLC will be protected from some of the liability or all the liability for any debts and acts of the said LLC.
  • Pass-through taxation – When you form a Georgia LLC, you will automatically enjoy pass-through taxation unless you opt to be taxed as a C Corporation. Pass-through taxation simply refers to the fact that the tax is passed through from the business to the owner who files them on his or her personal tax return.
  • Flexible membership – When you file an LLC in Georgia, you will be able to enjoy the flexibility of membership. This means that members of your LLC may include partners, individuals, estates, trusts, or other business entities.

Forming an LLC in Georgia

Georgia is popular as one of the best states for a startup due to the access businesses have to reliable infrastructure, skilled workforce, high state credit ratings, and low taxes. If you are planning to form a Georgia LLC then there are several processes involved in the registration and the operational aspect of the business. The relevant processes as mentioned below will not only help you to fulfill all Georgia LLC filing requirements but also enable you run your business smoothly.

1. Choosing a Georgia LLC name

The first step towards Georgia LLC registration is identifying a name for your company. It is never an easy process to choose a company name but you can use business name generator tools for this purpose. You need to also ensure compliance with Georgia LLC filing requirements for a name as governed by the 2020 Georgia Code, Chapter 11 – Limited Liability Companies. The naming guidelines to follow are:

  • The chosen name should contain “limited liability company”, “limited company” or abbreviations like L.L.C or LLC pursuant to Georgia LLC rules – GA Code § 14-11-207 (2020).
  • The business name should be distinguishable from the names of any other business entity that exists in the records of the Secretary of State including foreign corporations and foreign limited liability companies. This is possible through a Georgia LLC search.
  • The chosen name should not exceed 80 characters and this includes spaces and punctuation.

Once you have identified a business name; you need to conduct a Georgia LLC search also known as the name availability search. If your chosen name is available then you will be required to apply for a reservation of the specified name according to Georgia LLC filing online requirements. You can submit a name reservation request form with the office of the Georgia Secretary of State. The name can be reserved for a period of 30 days and the filing fee is $25.

2. Choose Georgia LLC registered agent

There is a process involved for Georgia LLC filing online and this requires documentation as stated by the office of the Secretary of State. You will need to ensure correct information is provided and have to also maintain compliance with all state laws. As an entrepreneur or first time business owner, the process may be complex and this is where a reputable Georgia LLC registered agent like IncParadise can assist you.

In order to initiate the process of Georgia LLC registration, you will need to designate and continuously maintain a registered agent in the state pursuant to GA Code § 14-11-209 (2020). IncParadise can be your Georgia LLC registered agent as we are committed to handling the service of process as required by the Georgia Code or statutes and can also assist with the process of forming a new LLC as well as help you fulfill all annual requirements of the state.

3. File certificate of formation and transmittal form

The most important Georgia LLC filing requirements are the new business formation documents. You will be required to prepare and then submit the Articles of Organization pursuant to GA Code § 14-11-204 (2020). You can choose the Georgia LLC filing online option or the articles can be hand-delivered or mailed to the Corporations Division. The filing fee for online submission is $100 and the fee for submitting in person or through the mail is $110.

Whether you have opted for Georgia LLC filing online option or by hand, you will also be required to submit a Transmittal form also known as a transmittal document. It is basically a collection of information pertaining to the business like:

  • LLC Name Reservation Number
  • LLC name
  • Principal Office Mailing Address
  • Name and address of Georgia LLC registered agent
  • Name and Address of Each Organizer

There is no additional fee for filing the transmittal form. The articles have to be submitted along with a filing fee and the transmittal form with the Corporations Division. It is important to ensure proper information is provided in the articles and on the transmittal form and IncParadise can help you with the process. We have a team of experts, who are well versed with state laws, regulations, and requirements and this will help you save time and also form your new business efficiently.

Form your new business in Georgia Today!

4. Prepare Georgia LLC operating agreement

An LLC operating agreement is a type of legal document, which helps members of a said company to create an outline of the LLC’s standard operational procedures. If you are planning to form a Georgia LLC then you will need to ensure an operating agreement is in place before you register your company. This document is not legally required by the state but having it can help protect the business operations.

Whether you are planning to file an LLC in Georgia as a single-member or a multi-member LLC, the operating agreement should address key areas like:

  • Organization and ownership
  • Management and voting
  • Capital contribution
  • Profit and loss distribution
  • Future changes to the membership structure
  • Dissolution

5. Obtain an EIN for Georgia LLC

When you file for Georgia LLC registration and the company is formed, one of the key areas is preparing and filing annual taxes. In order to file taxes and depending on the type of business structure, you will require a Social Security number (SSN) or Employer Identification Number (EIN). The latter is applicable for most businesses including a limited liability company and is also known as the Federal Employer Identification Number (FEIN). The EIN is a unique nine-digit number that is assigned to businesses by the Internal Revenue Service (IRS). You can apply for this number before or after you file an LLC in Georgia.

Do you want to obtain an EIN in Georgia?

6. Check local licenses and permits

Georgia is known to have one of the best business climates and low taxes, which are two important reasons that attract entrepreneurs to form a new business in the state. The big question is what happens post Georgia LLC registration. First time business owners may feel that registering a business will help them transact in the state but that is not true. Apart from fulfilling Georgia LLC filing requirements, you will need to obtain licenses and permits in the state. A business license will help you make your company operational. The licenses and permits applicable in Georgia are as follows:

  • Industry based licensing – Once you form a Georgia LLC in a specific industry then you will need to check the licensing norms of that industry. The licensing requirements can change according to industry and occupation and you may even require more than one license. So, if you file an LLC in Georgia to start a Food Sales Establishment then you will need to obtain a business license from the Georgia Department of Agriculture – Licensing Division.
  • County, City, or Local Licensing – A Georgia LLC filing online option is applicable for every new business and can be done through the office of the Secretary of State but what about licenses? Since there is no general business license in the state; you will need to contact the county or city in which your business is located. So, if you file an LLC in Georgia in Fayette County then you will need to apply for an “Occupation Tax Application” with the Fayette County Finance Department.
  • An incorporation company like IncParadise can provide information and guidance pertaining to business license requirements in this state. You can also avail of our Business License Research Report for detailed information on permits and licenses in the state of Georgia.

7. Open Georgia LLC bank account

A business bank account plays an important role in the growth and expansion of a business. When you form a Georgia LLC, you will be making different forms of transactions as well as different expenditures and earnings. A business checking account will allow you to keep track of all transactions including business expenses and also simplify tax reporting. It is ideal to open a business bank account for your company after you file an LLC in Georgia or after getting your Employer Identification Number (EIN). One of the salient aspects of this type of banking account is that it can protect the owner’s liability by ensuring personal and business funds are kept separate.

8. File Georgia reports and taxes

Once you file for Georgia LLC registration and obtain the necessary business licenses and permits, the next step is to ensure all annual state compliances are met. There are primarily two important annual requirements and they are:

  • Annual Registration – If you file an LLC in Georgia then it is important to complete state annual registration. It is similar to filing an annual report and has to be filed with the office of the Secretary of State each year. The due date for filing the annual registration is between January 1 and April 1 each year and the filing fee is $50 for a Georgia LLC.
  • LLC Taxes – Once you form a Georgia LLC, you may be required to file different types of taxes depending on the type of business or business activity. The most common is the state business tax. Since an LLC is a pass-through tax entity, the taxes would be filed by the owner or members instead of the business. If your company has employees then you will be required to file state employer taxes and if you are selling goods to customers in the state then sales and use tax will also be applicable.

Know more about starting a Georgia LLC!

The process of Georgia LLC registration consists of several sub-processes and you may have several questions pertaining to various aspects of new business formation. Hence, we have created a special section of “Frequently Asked Questions” for addressing some of the queries that you may have as a first time entrepreneur.

Is Georgia a good state to form an LLC?

If you are planning to take your idea to the next level, which is forming a new business, then Georgia is just the perfect state. According to a report by WalletHub, the state is ranked as the 8th best state for startups. There are several benefits to forming a Georgia LLC and some of the top advantages are:

  • The state is ranked the 5th best when it comes to the availability of skilled labor or human capital
  • Private equity (PE) investment in the state has been over $21.78 billion
  • If you file an LLC in Georgia then you will be able to leverage the pro-business tax climate and the various tax credits
  • The state has a robust logistics environment and strong transport infrastructure that supports new businesses
  • The state has a strong technology startup ecosystem consisting of startup accelerators, venture capital providers, and entrepreneur development programs among others
  • There are 260 Qualified Opportunity Zones where businesses can enjoy job tax credits and other incentives

How much does it cost to form an LLC in Georgia?

A Georgia LLC registration is governed by the 2020 Georgia Code, Title 14 – Corporations, Partnerships, and Associations, Chapter 11 – Limited Liability Companies. The initial cost to file an LLC in Georgia is $100. Apart from the initial cost, there will be costs attached to Annual Registration, Business Licenses, Name Reservation, and hiring a registered agent among others.

What is the processing time to form an LLC in Georgia?

Once you file a Georgia LLC registration, the processing time will vary depending on how you have submitted the documents. If you file an LLC in Georgia online then the processing time is 5-7 business days. If you submit your articles of organization by mail or in person then the processing time will be a maximum of 15 business days. You can also avail of expedited processing by paying an additional fee like an additional $100 for 2 business days of expedited service.

How can I check if my Georgia LLC name is available?

A business name is crucial to help with Georgia LLC filing online but you will have to reserve the name. In order to reserve the name, you need to check if such a name is available. The business name availability check can be conducted through the Georgia Corporations Division portal for business search. If your chosen name is available then you can reserve it and if it is not available then you will have to think of a new name and conduct the name search again.

Do I need a business license for my Georgia LLC?

Yes. If you are planning to conduct your business in the state of Georgia then you will have to apply for a county or city license also known as a business tax certificate. It will be issued in the county or city your business is based in. You may also be required to obtain a certificate of occupancy from the city or county zoning department as well as licenses or permits for regulated occupations and industries. You can subscribe to our Business License Research Report service as it provides detailed information on several aspects of licensing in the state.

What taxes does an LLC pay in Georgia?

Once you form a Georgia LLC, depending on the tax status you choose, you will be required to file business taxes in the state. Some of the taxes applicable for a Georgia LLC are:

  • Sales and Use Tax
  • Withholding tax if you have employees
  • State income taxes for certain small businesses

Can I register a foreign LLC in Georgia?

Yes, The Georgia LLC filing requirements for a foreign company require you to obtain a Certificate of Authority pursuant to GA Code § 14-11-702 (2020). The filing fee for a Certificate of Authority is $235 and you have to apply with the office of the Georgia Secretary of State, Corporations Division. This process is known as the “Qualification of Foreign LLC” and without it; you will not be allowed to conduct business in the state.

How do I dissolve my Georgia LLC?

After you form a Georgia LLC, there can be many reasons why you would want to dissolve your company. According to state laws, GA Code § 14-11-602 (2020), the dissolution can happen if reasons or events have been specified in the articles of organization or the operating agreement. The process of dissolution will require you to file a Certificate of Termination (Form CD-415) with the Georgia Secretary of State, Corporations Division. There is no fee for filing a Certificate of Termination.

Ready to form a Georgia LLC?

There are different types of business structures that you can choose to form in the state of Georgia although one of the most popular is an LLC. A limited liability company has many advantages over other business structures including tax benefits. If you want to form a Georgia LLC then IncParadise can assist you with the process of registration of your new business in the state.

IncParadise is a highly reputable Georgia LLC registered agent and we have helped with the registration of more than 10,000 businesses. We also offer a wide variety of additional services like foreign qualification, EIN assistance, and certificate of good standing in Georgia among others.

Do you want to register your LLC in Georgia?