When starting an LLC in Georgia, there are 4 initial areas which require sufficient thought and decisions. Without properly addressing these 4 things, there is the risk of an improper or incomplete formation of your Ga limited liability company.
NAME ACCEPTABLE IN GEORGIA
The first matter is deciding on a proper name for your LLC in Georgia. The regulations require that a name of a new entity cannot be the same as or too similar to another name being used by a business registered in Georgia. Unfortunately, it is not always clear when a name is too similar to another name that is already registered with the state.
You can call the Georgia state agency to check on names or a reputable online formation service will provide this service for you as part of its formation services Incfile registered agent review.
GEORGIA REGISTERED AGENT
The second matter is determining who the registered agent will be for your Ga limited liability company. In Georgia, every LLC must appoint and continuously maintain a registered agent who has a permanent physical address in the state where legal and other important papers can be delivered to the business.
While the LLC itself cannot serve as its own registered agent, any person or entity that has a permanent, physical address located in Georgia can be appointed. While the Ga registered agent is purely an administrative task, it is an important role because it involves accepting legal papers and official documents.
ESTABLISHING OWNERSHIP AND GOVERNANCE
Third, soon after starting an LLC in Georgia, you must come up with a plan for preparing and adopting a Georgia LLC Operating Agreement. The LLC Agreement is a private document meaning it is not filed with the state but it establishes the ownership and management structure of your business entity.
The formation process itself with the state of Georgia creates the legal shell entity itself. However, additional action is necessary to establish the owners to the Ga limited liability company.
Having a written Georgia LLC Operating Agreement will also provide, in effect, a user manual for your Georgia LLC which in turn will make operating your business go more smoothly and with a significantly reduced chance for disputes and problems among owners and operators of the business.
ENSURING PROPER LLC FORMATION
Fourth, once the above matters are decided, you should decide whether you are going to organize your Ga limited liability company yourself or use a third party to help you. While many choose to use a business attorney, it is not necessarily for the actual formation of the business entity. The rules and requirements are straightforward but there are ones to learn about to avoid any delays or improper actions in the process.
Others decide to perform this service themselves. If so, just make sure you review the pertinent sections of the Georgia LLC Act and the documents and instructions put out by the Georgia state agency.
The most popular option is to use an online formation services company. For an affordable price, you can save time, money and stress, and more importantly gain peace of mind by leveraging the expertise of a reputable filing service to take care of this step for you. Just be sure you are using one that is experienced and reputable when it comes to knowing the steps to starting an LLC in Georgia.