Forming a Limited Liability Company in Georgia requires going through many steps. First, you must file a fictitious name certificate with the secretary of state. Next, you must choose a unique business entity form which must be filed with the office of the Secretary of State. Once this is completed, you are required to attend a training seminar and complete other requirements needed to open a new LLC.
A Georgia Limited Liability Company takes much the same steps as other states when it comes to filing its articles of organization. Georgia is home to the largest brand in the country (Coca-cola); several other companies, such as the Home Depot, UPS, Delta, and Suntrust, also consider the state home for their business operations. For many small business owners, the quickest and easiest method to begin a new company in Georgia is by forming a Georgia Llc. However, the law requires that your LLC is composed of one member and share holders. This article describes the requirements when Forming a Limited Liability Company in Georgia.
Georgia has two methods for incorporating a small business. First, there are the "pass-through" corporations. These corporations are considered self-incorporated businesses. For example, a business that utilize the services of another company for jobs and equipment but does not own the other company's property can be a pass-through corporation. Similarly, a Georgia Limited Liability Company can be a pass-through entity if it has only one share holder.
Forming an LLC in Georgia
The second method for incorporating in Georgia is through the "incorporation by signing". Under this method, all of the debts and liabilities of the limited liability company are filed separately by the members instead of being filed as one transaction. As with the pass-through entity, you will have to file an Operating Agreement. This is also the case when filing a "dominant" corporation in Georgia. The purpose of the operating agreement is to provide guidelines and instructions to the Board of Directors for the conduct of the business.
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The next step in formation in Georgia is to file the appropriate forms with the secretary of state. The forms required by the Georgia Corporation Commission are the Certificate of Incorporation and the Articles of Organization. You must also complete the necessary filing fees. These forms may be obtained from the office of the Secretary of State in Atlanta.
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Next, you must complete the duly completed Operating Agreement and the Annual Registration llcs. Each of these documents is required to be filed separately. This requirement is imposed in order to comply with the Georgia Corporations Code.
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Once these documents are filed, you are now ready to complete the oath of office. An oath of office is required for all georgia llcs and must be signed by the individual or the person authorized to administer the LLC. The individual must swear that all proceedings of the LLC are lawful and proper. He or she further acknowledges and declares that he or she is not the LLC's agent or attorney and has no authority or privileges to transact or do any function or act in behalf of the LLC. The individual is further required to provide all information necessary and pertinent to the LLC such as the name of the LLC, its registered agent and its date of dissolution.
After the filing of the Articles of Organization and the oath of office, all legal procedures for the formation of the LLC are pursued at the local court house. Then, the Limited Liability Company is organized under the laws of the state in which it is located. The complete procedure of incorporating a new business and getting a certificate of operation is further described in the "articles of organization" and the" Operating Agreement".
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