How to Form an LLC in Georgia

This is general information, not legal advice. A Georgia business attorney can help with your specific situation.

Forming an LLC in Georgia is a straightforward process that can be completed online, but getting the details right at formation saves headaches later. Here is what is involved, step by step.

Step 1: Choose a Name

The LLC’s name must be distinguishable from the names of existing entities registered in Georgia. It must include a designator such as “Limited Liability Company,” “LLC,” or “L.L.C.” You can check name availability through the Georgia Secretary of State’s online search at ecorp.sos.ga.gov before filing. If you want to reserve a name before you are ready to file, the Secretary of State offers a name reservation option.

Step 2: Designate a Registered Agent

Every Georgia LLC must maintain a registered agent — a person or entity with a physical Georgia street address (not a P.O. box) available during regular business hours to receive legal notices and service of process (O.C.G.A. § 14-11-209). This can be a member of the LLC, another individual Georgia resident, or a professional registered agent service.

Step 3: File Articles of Organization

File Articles of Organization with the Georgia Secretary of State’s Corporations Division (O.C.G.A. § 14-11-203). Filing is available online at ecorp.sos.ga.gov or by mail. The Articles must include the LLC’s name, the name and address of the registered agent, and the name and address of at least one organizer. Confirm the current filing fee at sos.ga.gov — fees were updated in September 2025.

Step 4: Draft an Operating Agreement

Georgia law does not require an LLC to have a written operating agreement, and if one exists it is not filed with the state — it is an internal document. That said, an operating agreement is strongly recommended for every LLC, including single-member LLCs.

A well-drafted operating agreement documents ownership percentages, how profits and losses are allocated, whether the LLC is member-managed or manager-managed, voting rights, and what happens when a member wants to exit or the LLC dissolves. Without one, disputes among members default to the generic rules under the Georgia LLC Act, which may not match what the parties actually intended.

Management Structure

Georgia LLCs are member-managed by default (O.C.G.A. § 14-11-304) — all members have authority to act on behalf of the company. If the members want a designated manager (who may or may not be a member) to handle day-to-day operations, that should be specified in the Articles of Organization or the operating agreement. Georgia also recognizes single-member LLCs (O.C.G.A. § 14-11-101).

Step 5: Obtain a Federal EIN

After the LLC is formed with the state, obtain an Employer Identification Number (EIN) from the IRS at irs.gov. An EIN is required to open a business bank account, hire employees, and file federal taxes. Single-member LLCs with no employees may use the owner’s Social Security number for federal purposes, but getting an EIN is generally a better practice.

Step 6: Annual Registration

Georgia LLCs must file an Annual Registration with the Secretary of State each year between January 1 and April 1 (O.C.G.A. § 14-11-1103). A $25 late fee applies if the registration is filed after April 1. Confirm the current registration fee at sos.ga.gov. Failure to file can result in administrative dissolution of the LLC.

See related guides: Choosing a Business Entity in Georgia | Assumed Name (DBA) Registration in Georgia