If you already have an LLC in another state and want an LLC in Georgia, then how to start an LLC would be somewhat different. You must register as a foreign LLC. We have here a guide on how you can qualify and register for a foreign LLC in Georgia.
On this page, you’ll learn about the following:
- Forming a Georgia Foreign LLC
- Steps to Filing Georgia Foreign LLC Online
- File Foreign LLC By Mail
- After Forming Georgia Foreign LLC
Forming a Georgia Foreign LLC
A foreign LLC does not need to be a company from another country but a business formed under the laws of another state. To start a foreign LLC in Georgia, you need to register it with the Georgia Secretary of State.
Step 1: Choose Georgia Foreign LLC Name
Obtain a name reservation certificate and submit it with your foreign qualification requirements at the Georgia Secretary of State. Your LLC’s legal name outside of Georgia will be listed on the application, along with the name it will use in Georgia. Take note of the requirements for naming your LLC.
Step 2: Select Georgia Foreign LLC Registered Agent
You’ll need a registered agent to form a foreign LLC in Georgia and take note that a Georgia registered agent must have a local address. Here are three of the best LLC services on our list that will provide you with registered agents to ease your worries:
Step 3: File Registration of Georgia Foreign LLC
Fill out and submit a Foreign LLC Application for Registration form via email to this page or by mail to Corporations Division, 2 Martin Luther King Jr. Dr. SE, Suite 313 West Tower, Atlanta, Georgia 30334.
Include the following:
- LLC’s full legal name.
- A fictitious name or a DBA (only if your LLC’s legal name is not available); Attach a statement of adoption of the fictitious name signed by all LLC members.
- LLC’s principal office and mailing addresses.
- LLC formation state and date.
- Registered agent’s name and address in Georgia.
- Date when your LLC will start operations in Georgia.
- Credit card information on the last page of the form for the $150 application fee.
The LLC cost in Georgia, even for foreign LLCs will differ between online filing and by mail.
Step 4: Determine How Your Georgia Foreign LLC is taxed
Foreign LLCs are also subjected to the Georgia Business Privilege Tax, and they must file LLC annual reports each year.
Note that forming a foreign LLC would be good for your business as you can legally operate in a different state thus reaching a larger market and opening more opportunities for higher profit.
Steps to Filing Georgia Foreign LLC Online
Time needed: 5 minutes.
One can register a foreign LLC in Georgia via online mode, by mail, or drop the application form in person. The cost of registration is $225 (non-refundable). For online registration, one has to register with the Georgia Corporation Divisions website. If you already have an account with the official site then you need to log in to the website to get the online service. Following are the steps to register a foreign LLC in Georgia online.
- Sign up or Sign in to the website
One has to register with the proper email ID, name, and address on the Georgia Corporation Divisions official site.
If you already have an account with the site, then you can use the credentials to log in to the site. Make sure you open the website from one browser only. Logging in to the site from multiple browsers at a time can cause problems. Then, just jump to step 5.
- Encode details
If you are just about to sign-up, then the next step is to enter the details like name, address, and email ID to start the sign-up process. Hit the Continue button to the next step of the process.
- Encode your desired login credentials
On the next page, add your desired user ID and password. Make sure to add at least 8 characters for your ID and password.
- Create the Account
Click on the “Create My Account” to finish the registration process. It is recommended to choose a security question that can be easily remembered.
- Login and Click “Create of Register New Business.”
As you hit the ‘Login’ button you will be landed on the Online Service List page. On that page, you will get a list of services like registration of new entities, annual fee registration, name reservation form, and so on. Choose “Create of Register New Business”
- Click the Second Option.
Select option 2, ‘I am creating a foreign business’ which is not located in Georgia. While forming a domestic business in Georgia, you need to select option 1.
- Fill up the form with correct information.
Mention your desired business name. If you already have requested a business name, mention that in the form.
- Business Information
In the next section, enter the information about the NAICS, business type, and sub-codes.
- Enter Your Principal Office Address and Records Address.
There are mandatory boxes with ted marks. One has to fill those boxes. Click on ‘Continue’ to go to the next page.
- Email and Registered Agent
On the next page, enter the business email ID, and manager information in the different sections of the form.
- Register or create a registered agent on the form.
Add your registered agent’s name, address, and email ID to continue your registration. If you still don’t have a registered agent, check out the best LLC services to know about the registered agents.
- Mention the Jurisdiction details in the form
The date of formation of the LLC, date of the commencement of the same in Georgia, and finally sign your name and position in the LLC at the bottom of the page.
- Review Details
Next is a review page where you can check the details you have entered. You can go back and edit the details if you need to. If the details are final, then “Submit” the form.
Finally, you will be at the payment page. Make the payment of $225 (non-refundable) to register your Foreign LLC in Georgia.
If you choose a regular process, then it will not cost anything extra. For the same-day registration, LLCs have to pay an additional $250 along with the registration fee. For the 2-day processing time, it will cost $100 extra along with the normal registration fee.
It is convenient plus easy to file for a foreign LLC if you are doing it online. The steps are very easy and that’s why it’s possible to go along with the steps and form a foreign LLC in Georgia.
File Foreign LLC By Mail
- Download the Application Form (CD 241) from the Georgia Corporations Division website.
- Fill up the form with correct and complete information regarding your LLC.
- Get a printed copy of the filled-up form.
- Download the Transmittal form (CD 231) for LLC
- Fill up the Transmittal Form with correct and complete information.
- Get the printed copy of the filled-up form.
- Mail both the forms to the Georgia Secretary of State, Corporations Division, 2 Martin Luther King Jr. Dr. SE, Suite 313 West Tower, Atlanta, Georgia 30334
- Send $235 ($225 registration fee + $10 paper service charge) with the forms either by money order or cheque.
After Forming Georgia Foreign LLC
Here are added things you need to accomplish after forming your Georgia Foreign LLC
- Obtain Business Licenses. Find the business licenses you’ll need using the Business License Search.
- File LLC annual reports and Business Privilege Tax.
- Pay State Taxes like sales tax; you’ll need an EIN for your LLC.
How Much Does It Cost to Register a Foreign LLC in Georgia
To register as a foreign LLC in Georgia, you can file through mail by paying a filing amount of $225 to the Georgia Secretary of State.
If you want to establish a foreign LLC in Georgia, you must apply for a Certificate of Authority. There are a few different ways to get the Certificate of Authority. You can either file online, by mail, or in person. Each method has its own fee. It’s important to know that you can’t get the certificate if you don’t comply with the rules.
For example, you must make sure that your name is not the same as that of an existing entity. You also need to make sure that you have a legal employer identification number. This number is a unique code that is used by the IRS to pay your employees. An EIN is important for businesses, especially if you’re opening a bank account for your business.
Another requirement is to register a registered agent in Georgia. The registered agent is your point of contact with the state. A registered agent can be an individual or an entity. Having a registered agent is essential because the state will accept service of process if a lawsuit is filed against your business. Several businesses formation services offer free registered agents for one year.
You will also need to file an annual registration statement with the Georgia Secretary of State. The application process is easy and you can file this by using the online system. You can file your application between January and April. Once the form has been completed, you can pay your fee online. Depending on the county, the cost may vary.
Finally, you’ll need to file articles of organization. These documents are the formal legal document that defines the structure of your LLC. They contain information about the name, location, and sectors of your business. Your business won’t function until these documents are filed. After you have completed these forms, you’ll be ready to do business in Georgia.
For a limited liability company, the name should be 80 characters or less. You can abbreviate your name as “Ltd.” or “Co.” if you don’t want your full name to appear. Using a name that is too similar to a well-known brand can cause costly complications.
Before you start the paperwork, you need to find a name that will be suitable for your business. You can search for names that are available as web domains, but you should also do a thorough search to see if the name is already in use. Some states have laws that prohibit LLCs from using a name that is too similar to an existing entity.
To register your foreign LLC in Georgia, you will need to fill out the required forms and pay the appropriate fees. If you’re unsure of how to do this, you should seek legal advice.
However, the process of registering your foreign LLC in Georgia is easy. You can do it on your own, or you can hire a company to handle it for you. Luckily, the cost isn’t too high. Depending on the type of business you are running, it can cost anywhere from $49 to $299.
If your LLC is formed under the laws of another state, it is referred to as a foreign LLC in Georgia.
Businesses incorporated outside of the state where they operate must have “foreign qualifications” issued in the other states.
A domestic LLC is a company registered in Georgia as an LLC. The entity type that has a physical presence in another state is a foreign LLC.
Starting a foreign LLC in Georgia does not require a lot of documentation or tasks. However, it is always good to seek help from a professional when it comes to running your business. Get a professional registered agent and form your foreign LLC anywhere without a hassle.