After considering the options and doing the research, most business owners decide to operate their business as a limited liability company ("LLC"). For the many reasons detailed in my upcoming "Corporation vs. LLC: Choosing the Right Corporate Entity", I believe that an LLC is the appropriate choice for most new businesses. Georgians seem to agree - in the last two years alone, over 70% of the new corporate entities formed in Georgia are LLC's. If you still are unsure regarding the proper choice of entity for your business, however, please feel free to contact me at your convenience. I'd be happy to discuss the your new business idea with you!
Once you have decided to start your business as an LLC, you may still wonder how to form an LLC in Georgia. Fortunately, Georgia makes it very easy to form an LLC in Georgia. Under Georgia law, an LLC is formed by filing Articles of Organization with the Georgia Secretary of State. An LLC's Articles of Organization are a public document that establishes the existence of the LLC as a separate legal entity recognized by the state of Georgia. While the Articles of Organization can contain any number of optional provisions, Georgia law only requires that the Articles of Organization state the name of the new LLC.
Once you have decided to start your business as an LLC, you may still wonder how to form an LLC in Georgia. Fortunately, Georgia makes it very easy to form an LLC in Georgia. Under Georgia law, an LLC is formed by filing Articles of Organization with the Georgia Secretary of State. An LLC's Articles of Organization are a public document that establishes the existence of the LLC as a separate legal entity recognized by the state of Georgia. While the Articles of Organization can contain any number of optional provisions, Georgia law only requires that the Articles of Organization state the name of the new LLC.
The Georgia Secretary of State allows a new business owner to form an LLC online or by mail. In either case, the filing fee is $100.00. If you need physical evidence of the LLC's existence on an expedited basis, the Georgia Secretary of State will process the LLC's Articles of Organization on an expedited basis for an additional $100.00 fee.
There you have it - you now know how to form an LLC in Georgia. It's very simple, and anyone can do it! Although anyone can form an LLC in Georgia, however, I recommend you discuss your new business with a competent business attorney before forming an LLC, because the inclusion or exclusion of optional provisions in the Articles of Organization could create headaches for you and your business in the future. I
n addition, if you will have partners in your new business, you absolutely should contact a competent business law attorney to prepare a written operating agreement for your LLC. Please see my post "ABC's of LLC's: Do I Need an Operating Agreement for My LLC?" for a detailed explanation of the importance of a written operating agreement and a few horror stories that likely will convince you to have a competent business law attorney prepare written operating agreement for your LLC!
n addition, if you will have partners in your new business, you absolutely should contact a competent business law attorney to prepare a written operating agreement for your LLC. Please see my post "ABC's of LLC's: Do I Need an Operating Agreement for My LLC?" for a detailed explanation of the importance of a written operating agreement and a few horror stories that likely will convince you to have a competent business law attorney prepare written operating agreement for your LLC!
If you are considering starting a new business and would like to know more about how to form an LLC in Georgia or why you should have a written operating agreement, please feel free to contact me at your convenience. I would be happy to discuss your options with you!
