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Georgia LLC – Filing Forms & Documents

Georgia LLC – Filing Forms & Documents


The following information is provided for
educational purposes only and in no way constitutes legal, tax, or financial advice. For legal, tax, or financial advice specific
to your business needs, we encourage you to consult with a licensed attorney and/or CPA
in your State. The following information is copyright protected. No part of this Lesson may be redistributed,
copied, modified or adapted without prior written consent of the author. A Limited Liability Company (abbreviated “LLC”)
is a hybrid between a Corporation and a Partnership. An LLC protects your assets in the event of
a lawsuit. In order to form your LLC, you must file LLC
Formation Documents and pay the State filing fee. Once your documents are approved, your LLC
is now in existence and authorized to do business in the State. Before completing your LLC Formation Documents,
you need to have 2 things completed. First, make sure you’ve watched the Lesson
on researching your LLC’s name. Your desired LLC name must be available for
use before you proceed. Second, make sure you’ve watched the Lesson
on Registered Agent and that you’ve made your selection. Now, let’s discuss your LLC Formation Documents. The name of the LLC Formation Document for
the State of Georgia is called the Articles of Organization and the Transmittal Form. These documents are not complicated and they
contain basic information, including listing your Registered Office and Registered Agent. They will also require to list your LLc’s
name and the name and address of the LLC member or members. We will walk you through the details of the
Articles of Organization and Transmittal Form in just a couple minutes and we’ll make sure
that you get it filled out correctly. Once your Articles of Organization and Transmittal
Form are complete, you will need to submit them to the State along with the filing fee. You will find the filing fee amount, the accepted
forms of payment, and the address where to send your documents to below this video. When submitting your documents to the State,
you must send 1 original Articles of Organization, 1 copy of your Articles of Organization, and
1 original Transmittal Form. An original document is 1 that you actually
sign. A copy is a duplication of the original document,
and it is easiest to make a copy on a copy machine. However, if you don’t have access to a copy
machine, you can simply print the form again, then fill it out and sign it. So to repeat, when submitting your documents
to the State, you must send 1 original Articles of Organization, 1 copy of the Articles of
Organization, and 1 original Transmittal Form. Once you mail the filing fee along with your
Articles of Organization and Transmittal Form, the State will review and process your paperwork. If there are any issues with your documents,
the State will mail back a letter with instructions on what needs to be corrected. You will have 30 days to make these corrections
and return your documents to the State for further processing. If you do not return these documents within
30 days, the State will abandon your filing and keep your filing fee. If there are no issues with your filing, the
State will send back approval for your LLC which is called the Certificate of Organization. You’ll receive the certificate within approximately
15-20 business days. Once you receive your Certificate of Organization,
your LLC is now a legally formed business in the State of Georgia. The Certificate of Organization will contain
your LLC’s Entity Control Number, a number that is unique to your LLC and that you’ll
use when filing taxes and dealing with the State. {lease keep a copy of this document with your
business records. Do not order your EIN, also known as your
Federal Tax ID Number, or start to use your LLC for any business purposes until you have
this approval. Once your LLC is formed, paperwork with the
State is not over. As part of the ongoing requirements for your
LLC, Georgia requires that you pay an Annual Registration Fee. Also, depending on your type of business,
you will be required to file State taxes. we discuss these items in Lesson 6 and Lesson
7. We are now ready to fill out the Articles
of Organization and the Transmittal Form. You can download these documents below the
video. Let’s get started. The 1st document I’m going to discuss is the
Articles of Organization. This is a 1-page document that can be filled
out on the computer, or it can be printed and filled out by hand. If you fill it out by hand, please use black
ink. Make sure to print the document on white paper
that is letter-sized (that’s your standard 8-and-a-half-by-11 inches). Also, I have a professional version of Adobe
Acrobat. You may just have a simple version called
Adobe Reader, and you may not have as much functionality in order to edit and type inside
the document as you see here. If that’s the case, simply print out the documents,
and then fill them out by hand. Both the Articles of Organization and the
Transmittal Form do not need to be notarized. All right, let’s get started. I’ve already pre-filled the documents in order
to save time, and I’m using a sample company called “ABC Widgets, LLC”, and we’ll pretend
that myself, I’m the Organizer (the person forming the LLC), and I’m also the Member
of the LLC. We’ll just call myself “John Doe” for these
purposes. At the top of the Articles of Organization,
you’re essentially going to list your LLC name twice (it’s a little bit repetitive,
but it is required) so, underneath Articles of Organization, you’re going to fill in your
LLC name. Make sure to include abbreviation “LLC” or
“L.L.C.”. The comma that you see here is optional, so
you can include a comma if you like, or you can leave one out if you prefer. Under Article 1, you’re going to list the
LLC name again, and they’re going to be identical (these 2 fields). Under Article 2 (“Management”), you’re going
to check off the last box which says “Management is by all the members”. Article 3 (“Duration”), you’re going to fill
in “Perpetual”. That means that the LLC is in existence until
it is dissolved or shut down by the members. Article 4 is pertaining to purpose, and you
don’t to add anything here (this is a standard clause). At the bottom of the form, you’re simply going
to date, sign, and print your name. You’re going to put the day of the month,
then the year, print your name at the bottom, then once you print this form out you’re going
to sign right where it says “Signature of Organizer”. Remember to either print this document twice,
or fill it out twice because the State requires an original signature and then a copy. Let’s take a look at the Transmittal Form. We’re going to look at 2 examples of the Transmittal
Form: one where I’m going to be my own Registered Agent (which is common if you have an address
in the State), and one where I’ve hired a Commercial Registered Agent. Again, I filled this document out ahead of
time, so let’s run through the different fields. Underneath the 1st section, you’re going to
include your email address. Georgia is a pretty modern and up-to-date
state, and they do a lot of correspondence via email. Make sure to include your best email address
(and one that will last for many years). All right, let’s go down to No. 1: the top
field where it says “LLC Name Reservation Number”. You’re going to leave that blank as its not
applicable. Here you’re going to list the name of the
LLC. It says here “List this exactly as it appears
in the Articles of Organization”, so make sure that capitalization and the comma and
the way that you’ve listed your designator (whether it’s “LLC” or “L.L.C.”), make sure
it’s the same. So this document is going to seem a little
bit repetitive for this example because you can see myself (I’m listed in fields 2, 3,
4 and 5). No. 2 is the name, phone number, and address
where you’d like this document sent back to. No. 3 is the Principal Office Address of the
LLC. This can be an actual business address, or
it can be a home address, and you can also see here that the State does say that a PO
Box is okay for the Principal Office Address. However, we can’t do that for No. 4 (No. 4
is a Registered Agent) In this case, I’m going to be the Registered Agent for my LLC, so
I filled in my name and my information. And No. 5 is the name and address of each
Organizer (the person forming the LLC). So I’ve listed myself here and the address
as well. If you have 2 organizers, you can fill that
out. If you have more than 2 organizers, you can
attach an additional sheet (make sure it’s an 8-and-a-half-by-11), and you can just simply
list “These are the additional organizers for this LLC”, and include their names and
address. So let’s just go back to the top real quick. So No. 2, I want these documents sent back
to me, I;m going to put my name, my address, and I’m going put my phone number up here. No. 3 is the Principal Office Address of this
LLC. It just so happens to be my home address. No. 4, the name of the LLC’s Registered Agent
and the Registered Agent’s Address. Again, in this case, it’s myself and my home
address. Only thing different here is you’ll see here
that “GA” is automatically filled in, and you have to list the county. No. 5, I’m going to list my name and address
again because I’m the one forming the LLC. Under No. 6, you’re going to list the date,
you’re going to print your name here, you’re going to check off “Member” at the bottom,
and then when you print this format, you’re going to sign on this line here. Let’s take a look at a Transmittal Form if
you’re using a Commercial Registered Agent. This form is very similar: we have our email
address at the top, the name of the LLC in No. 1, we have my name, and my address and
phone number in 2. 3 is the Principal Office Address. Again, just so you know, this can be a home
address, it can be a business dress, it can be a post office. The address doesn’t even have to be in Georgia
actually. The only address that needs to be in the State
of Georgia is No. 4, and in this case, No. 4 is different. We have the name of the LLC’s Registered Agent. In this example, we’re using Northwest Registered
Agent, and we have their address in Roswell, Fulton County, and the zip code. No. 5, I have listed my name again and my
address. And in No. 6, I’m going to print my name,
check this box (“Member”), put the date, and sign on this line. There’s a few little quirks when filling out
this document in PDF format. There aren’t individual fields for like, the
city , the state, zip etcetera, so when you fill out the field, you want to enter the
city and then hold the spacebar to bring it over here, fill that in, hold the spacebar
to go over here and fill that in. Other than that, these documents are pretty
straightforward. The Articles of Organization is very simple:
just list the name twice, Management (“Perpetual”), date, print and sign your name. And then Transmittal Form, you’re just going
to fill this out with your basic contact information, and yours may look a little bit different
depending on if your principal office address is different than your personal address, and
whether or not you’re going to be your own Registered Agent as you can see in this example,
or in this example you can see that we’ve used Northwest Registered Agent. 1 question we do get is about the date (if
one can forward- or backward-date this document). You cannot forward- or backward-date this
document more than 1 week. If it does happen to be the middle of December
and you don’t actually need the business up and running in December, we recommend that
you wait until January before filing the documents. That way, you don’t have a business that’s
open for 15 days during a tax year, and that’ll save you some money and aggravation during
tax season. And that wraps up this video. Make sure to send 1 original Articles of Organization,
send in a copy of the Articles of Organization, send in 1 original Transmittal Form, and send
your filing fee. The filing fee amount, the address where to
send these 2, and the forms of payment that are accepted, are all listed below this video. If you have any additional questions while
going through, you can also contact the State at the phone number below this video. And that concludes this Lesson.

19 thoughts on “Georgia LLC – Filing Forms & Documents”

  1. I'm a bit confused here, the address you have below the video for the forms to be send is different then what's on the actual Transmittal form.. you have posted this address: Corporation Division 237 Coliseum Drive, Macon, Georgia 31217-3858, and on the Transmittal form is this address: 2 Martin Luther King JR.DR.DE Suite 313 West Tower. Atlanta. Ga.30334…. which is the correct address then????
    thans for your help, love your videos, great info…. be blessed

  2. Love and appreciate the videos! My question is, what exactly are the articles of organization 'forms?' I visited ecrop.sos.ga.gov and paid the $100 to register my new biz and am told that I need to wait 5-7 days…if approved, is the application complete OR am I required to execute additional steps(as seen above?) The forms online are very similar to what you have here, i.e. name, address, registered agent, etc so I am guessing that if it's done online then the process is consolidated into; picking out your biz name, listing members, contact info, registered agent etc. OR when they get back to me should I expect other steps before I am recognized as an LLC in GA? I apologize in advance for being confused by this.

  3. Thanks for the reply! I learned this after the fact from your videos, but if I applied for my EIN first(before creating the LLC) and mixed up the sequence…there shouldn't be a need to create another, correct? The way I understand is, you shouldn't do it this way because there is no way of knowing that the state will approve your request for your LLC and in the event the deny it, you are then forced to go back and cancel/dissolve your EIN. Hence the logic behind creating the LLC FIRST, and once approved, applying for your EIN. How'd I do…am I right?? Am I getting ahold of this stuff?
    I think that most biz owners are focused with the day-to-day operations of their biz and are constantly mixing up these details.

  4. Hi the form I am looking at is slightly different. When filling out the Articles of Organization, It shows capacity under the signature and gives a few different options: Organizer, Member, Manager, and Attorney-In-Fact. Should I choose Manager if I am the only one in my LLC? Also in the Transmittal Form what should I put for my "title"? Would this also be manager? Thank you in advance!

  5. The Articles of Organization form I downloaded looks quite a bit different from what you show in your video. I only see Article 1, date, signature, and capacity. Thank you for all the detail in the excellent video!

  6. Does it matter when you form the LLC as far as the annual registration fee is concerned? Or is it based on calendar year and you pay the same regardless?

    Basically is there any benefit to waiting until after April 1st to mail the forms vs. mailing them now?

    Thanks!

  7. Oops.. I already got my EIN. I didn't know I was supposed to get the LLC first. What shoud I do? Thank you so much for this video. I wish I had found it before getting my EIN)-:

  8. I thought this could be done online? I applied and received my EIN and registered my business with the state of Georgia. So is this the next step? I'm just selling clothes online. Please help, I don't know what to do next

  9. Hello, I would like to add that in the state of Georgia, this process can be done totally online. Turn around time is 7days via online and 6 weeks via mail and/or paper form from the day the state actually receives your information.

  10. Hey folks, make sure to check the site for most up-to-date information: https://www.llcuniversity.com/georgia-llc/forms/. Or select your state and start forming your LLC with our free guides: https://www.llcuniversity.com/

  11. as a photographer in georgia.. if i form a llc and get ein and sales and use tax permit, do i still have to register for business permit before i can actually go out and tell people i can charge and collect sales tax?

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