How To Fill Out The Georgia Articles of Organization
The Georgia Articles of Organization is the official document filed with the Georgia Secretary of State – Corporations Division to establish a Limited Liability Company (LLC). After the LLC is officially recognized by the state it can officially begin conducting business.
To file the Georgia Articles of Organization, you will need to submit the completed CD030 LLC Articles of Organization form to the Georgia Secretary of State.
The Articles of Organization can be completed and sent by mail or filed online.
IncFile is currently running a special where you only pay state fees for your LLC formation!
Let’s go over how to fill out the LLC Articles of Organization in Georgia. To get started, visit the Georgia Secretary of State’s website.
Step 1: Pick a Name for the LLC
The first step in forming a Georgia Limited Liability Company is to make sure the name you want is available as each LLC name has to be different from other registered entity names in the state of Georgia.
If you haven’t verified already, be sure to do a Georgia LLC name search with the Secretary of State to be sure the LLC name you want is available.
Next, an LLC name has to include an entity designator at the end of the business name. The allowed designators in Georgia include:
– Limited Liability Company
– Limited Liability Co.
– Ltd. Liability Company
– Ltd. Liability Co.
– Limited Company
– Limited Co.
– Ltd. Company
– Ltd. Co.
Step 2: Choose the Effective Date of the Entity
The effective date is the “birthday” of the new Limited Liability Company.
You have the option of having an effective date different from the date it is filed by the Georgia Secretary of State’s office. The effective date can be up to 90 days after the date of receipt.
If you just want to use the date the LLC is filed with the Secretary of State, check the first box.
The reason many people use a delayed effective date is to postpone the annual registration fee. The LLC’s first annual registration is due annually on April 1st, following the year of formation. If the LLC is being formed close to the annual registration due date and the owners don’t expect to generate business until after April 1st, the LLC formation could be delayed and skip the first annual fee.
Step 3: Sign & Date the Articles of Organization
An authorized representative (Organizer, Member, Manager, or Attorney) will want to review that the information included in the Articles of Organization is correct and sign the document, along with sending the filing fee.
You’ve filed your Georgia LLC Articles of Organization! Now what?
After the LLC is officially filed with the Georgia Secretary of State, there are a few additional things to follow up on. Below is a list of some of the tasks to consider.
Appoint a Registered Agent
Most states require the name and address of the Registered Agent to be included in the Articles of Organization. Even though this information isn’t required, a Georgia registered agent must be appointed.
The registered agent is a party that is physically located in the state of Georgia that will receive important notices and service of process (which means to accept papers that start a lawsuit) on behalf of the LLC.
Provided the LLC member lives in the state of Georgia, they may act as the registered agent or the agent can be an adult resident of the state or registered agent service.
Prepare a Georgia LLC Operating Agreement
The operating agreement is an internal document that covers items like ownership rights, profit and loss distribution, member responsibilities, and more.
Georgia Statute Title 14, Chapter 11 states that an LLC Operating Agreement is optional. Despite the Operating Agreement not being required, it is recommended to have one as it can help to prevent disputes among members and protect the LLC’s legal status.
Obtain an EIN
The EIN or Employer Identification Number (also called a Federal Employer Identification Number or FEIN) is a unique 9-digit tax identification number that is assigned by the Internal Revenue Service (IRS).
The EIN will be needed before filing business tax returns, opening a bank account, hiring employees, registering for business licenses and permits, and more.
Related: How to Apply for an EIN