How to Start a Foreign LLC in Georgia (Step-by-Step Guide)

If you have an LLC in Georgia and want to expand your business beyond Georgia, you must form a foreign LLC. Any business, especially a limited liability company, located in other states, starts its operation in Georgia, must file a foreign LLC in Georgia. To do so, every LLC needs to file additional filing documents, along with tax and relevant documents with the Georgia government.

In this article, you’ll be reading about how to start a foreign LLC in Georgia. Along with that, the page guides you through the steps involved in managing and maintaining a foreign LLC in Georgia after you form it.

Forming a Foreign LLC in Georgia

A foreign LLC does not need to be a company from another country but a business formed under the laws of another state. If you register your LLC in one state and operate your business in Georgia, you probably need to register your LLC as a foreign entity here. Imagine, if your family owns a sushi restaurant in Alabama and you want to expand the chain somewhere in Texas, you must establish your restaurant in Texas as a foreign entity.

Anyone who has an active and in good standing LLC anywhere (except for Georgia) and wants to expand their operations in Georgia can file their LLC as a foreign entity. To start a foreign LLC in Georgia, you need to register it with the Georgia Secretary of State. Every state has a different rule for establishing a foreign LLC. Here are the steps to follow in Georgia for registering a foreign LLC.

Note: These are generic steps to file a foreign LLC in Georgia. Make sure to check with the State Secretary of State, before you start filing your business. – LLCBuddy Team

Step 1: Get the Certificate of Existence From Home State

Before you proceed to register your LLC in Georgia as a foreign entity, you must get the Certificate of Existence issued from your home state SOS. This is an important document to register an LLC in a foreign state.

If your LLC is originally registered in Georgia, then you must obtain the Certificate of Existence from Georgia Secretary of State. If your LLC is in other states, the name of the same document might be different. Every LLC, registered in any state other than Georgia must get this document to register a foreign LLC in Georgia.

Filing Certificate of Existence: In Georgia, to get the Certificate of Status, one must visit the State Secretary of State. On the Certificate of Existence page, click on Business Search and follow the steps. Search your business by entering the name or control number. Review the documents, pay for the Certificate, and get the Certificate of Status.

Step 2: Choose Georgia Foreign LLC Name

Obtain a name reservation certificate and submit it with your foreign qualification requirements to 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.

You can use the same name as your domestic LLC name, however, that name should be available in Georgia to use. Check name availability at Georgia’s business entity names and reserve your LLC name. There are a bunch of LLC naming guidelines in Georgia when it comes to forming a foreign LLC. Check the guidelines before you name your business.

Step 3: Select Georgia Foreign LLC Registered Agent

A registered agent is a person responsible for receiving all official and legal documents on behalf of your company, whether it is located domestically or in a foreign state. For a foreign LLC in Georgia, you must have a registered agent from Georgia only. No matter where your domestic LLC is located, you must hire a registered agent from Georgia for your foreign LLC.

You’ll need a registered agent to form a foreign LLC in Georgia and take note that the Georgia Registered Agent must have a local address. Here are the best LLC services on our list that will provide you with registered agents to ease your worries:

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Step 4: File Application for Registration for Georgia Foreign LLC

The most important step is to send the application for registration with Georgia SOS. Download the PDF form from the Georgia Secretary of State website or file it online (whichever method is available). The form must be filled out with the following details:

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.
- DBA filing method in Georgia: two methods, by mail and in person
- Online: There is no online filing available
- Offline: For filing offline, you must send the downloaded PDF form or drop it off in person at the Clerk of Superior Court, Attention: Recording Division, 136 Pryor St. SW, Atlanta, GA 30303
- DBA filing fee in Georgia: $172
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 is on the last page of the form for the application fee.

Online Filing

For online filing, one must visit the Secretary of State’s website and create an account. If you already have an account then you must Sign-in to SOS to file an LLC as a foreign entity. Once you signed in (or created an account), you can go to the business filing section and find the Foreign LLC Registration option.

Offline Filling

You can register your LLC in Georgia as a foreign entity by submitting a paper form to the SOS office. First, get the Foreign LLC Registration Form PDF form, download it on your computer. Fill it up with all the relevant and mandatory information. Submit the printed form to the Secretary of State’s office address: Corporations Division,, 2 Martin Luther King Jr. Dr. SE,, Suite 313 West Tower,, Atlanta, Georgia 30334.

Foreign LLC Registration Fee in Georgia: The filing fee for registering a foreign LLC in Georgia is $225. If you’re filing it offline, then an additional $10 must be paid for paper copies. The payment should be made using cards for online filing and checks for offline filing.

The LLC cost in Georgia, even for foreign LLCs will differ between online filing and by mail. Also, read about what’s the major difference between Georgia’s domestic and foreign LLCs.

Step 5: Determine How Your Georgia Foreign LLC is taxed

Foreign LLCs are also subjected to the Georgia Business Privilege Tax and must file LLC annual reports each year. If you have a single-member foreign LLC then it will be considered as a ‘disregarded LLC’ by IRS. That means the LLC will not be regarded as a company but it will be taxed as an individual (the owner). If you already have an LLC in the home state, you must have obtained the EIN as well. You don’t need to obtain the EIN in Georgia for a foreign LLC separately as it is issued from the IRS.

For other types of LLCs (member-managed or manager-managed LLCs), it will be a ‘pass-through taxation‘ where the LLCs don’t get taxed separately, instead, the members and managers are taxed based on their personal income. So, foreign LLCs are taxed as same as domestic LLCs in Georgia. However, it is recommended to check with the Georgia Secretary of State for state-wise taxes.

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.

Filing Georgia Foreign LLC Online – Quick Recap

Get the Certificate of Existence from your home state where your LLC is originally registered
Check if the name of your LLC is available in Georgia to use for your foreign LLC. If not, file DBA name with Georgia SOS.
Get a registered agent in Georgia to represent your foreign LLC in Georgia. Recommended, professional help instead of being your own registered agent.
File the Application of Foreign LLC with the Georgia Secretary of State following the mentioned method(s) above.
Make the processing fee.

BOI Reporting

According to the Corporate Transparency Act, every LLC (or business) has to send a BOI reporting to the Financial Crimes Enforcement Network (FinCEN). Once you establish an LLC and if it is enlisted under the list of reporting companies, you must file your BOI report in Georgia with the FinCEN.

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. You can contact the license office at Georgia Secretary of State.
File LLC annual reports and Business Privilege Tax. You must file an Annual Report before the stipulated time frame after forming your LLC in Georgia. Here’s everything about Georgia LLC Annual Reports.
Pay State Taxes like sales tax; you’ll need an EIN for your LLC.

FAQs

Can a foreign LLC operate in Georgia?

Yes, a foreign LLC can operate in Georgia by registering as a foreign entity.

What is the process for registering a foreign LLC in Georgia?

The process for registering a foreign LLC in Georgia involves filing an application for a Certificate of Authority with the Georgia Secretary of State.

How much does it cost to register a foreign LLC in Georgia?

The fees for registering a foreign LLC in Georgia vary, but generally range from $100 to $500.

Is a registered agent required for a foreign LLC in Georgia?

Yes, a registered agent is required for a foreign LLC in Georgia.

Can I be my own registered agent for my foreign LLC in Georgia?

No, the registered agent for a foreign LLC in Georgia must be a resident of Georgia or a business entity authorized to do business in Georgia.

How long does it take to register a foreign LLC in Georgia?

The processing time for registering a foreign LLC in Georgia can vary, but it typically takes 5-10 business days.

Do I need a business license to operate a foreign LLC in Georgia?

Depending on your type of business, you may need to obtain a business license in addition to registering as a foreign LLC in Georgia.

Are there annual renewal requirements for a foreign LLC in Georgia?

Yes, foreign LLCs in Georgia are required to file an annual registration renewal and pay a renewal fee.

Can I convert my foreign LLC to a domestic LLC in Georgia?

Yes, you can convert your foreign LLC to a domestic LLC in Georgia by filing the appropriate paperwork with the Secretary of State.

What are the tax implications for a foreign LLC in Georgia?

Foreign LLCs in Georgia are subject to state taxation on income derived from sources in Georgia.

Can a foreign LLC in Georgia do business in other states?

Yes, a foreign LLC registered in Georgia can also do business in other states, but may have to register as a foreign entity in those states as well.

What are the reporting requirements for a foreign LLC in Georgia?

Foreign LLCs in Georgia are required to file an annual report with the Secretary of State and maintain a registered agent in the state.

How can I dissolve a foreign LLC in Georgia?

To dissolve a foreign LLC in Georgia, you must file articles of dissolution with the Secretary of State and settle any outstanding obligations.

Is a foreign LLC in Georgia subject to the same employment laws as domestic LLCs?

Yes, foreign LLCs in Georgia are subject to the same employment laws as domestic LLCs, including minimum wage and labor regulations.

Can I change the name of my foreign LLC in Georgia?

Yes, you can change the name of your foreign LLC in Georgia by filing a name change amendment with the Secretary of State.

Do foreign LLCs in Georgia need to have a physical office in the state?

Foreign LLCs in Georgia must have a registered agent with a physical address in the state, but do not necessarily need a physical office.

Are foreign LLCs in Georgia required to hold annual meetings?

Foreign LLCs in Georgia are not required to hold annual meetings, but they should maintain proper records of company decisions.

How can I expand my foreign LLC’s operations in Georgia?

To expand your foreign LLC’s operations in Georgia, you may need to obtain additional permits or licenses depending on the nature of your business.

What are the advantages of forming a foreign LLC in Georgia?

Some advantages of forming a foreign LLC in Georgia include limited liability protection, tax flexibility, and the ability to conduct business in multiple states.

Can a foreign LLC in Georgia open a bank account?

Yes, foreign LLCs in Georgia can open a bank account for the purpose of conducting business transactions in the state.

Are there any restrictions on the type of business a foreign LLC in Georgia can conduct?

Foreign LLCs in Georgia are generally free to conduct any legal business activity, but some industries may have specific licensing requirements.

What are the consequences of not registering a foreign LLC in Georgia?

Operating a business as a foreign LLC in Georgia without proper registration can result in fines, penalties, and possible legal action by the state.

Can a foreign LLC in Georgia be sued in the state?

Yes, a foreign LLC registered in Georgia can be sued in state courts for business-related disputes or liabilities.

Can I transfer my foreign LLC registration to a different state?

Yes, you can transfer your foreign LLC registration from Georgia to a different state by following the registration process in the new state and withdrawing your registration in Georgia.

Does a foreign LLC in Georgia need to obtain an Employer Identification Number (EIN)?

Yes, foreign LLCs in Georgia must obtain an Employer Identification Number (EIN) from the IRS for tax purposes.

How can I check the availability of my foreign LLC name in Georgia?

You can check the availability of your foreign LLC name in Georgia by searching the Secretary of State’s business entity database or contacting the office directly.

Can I apply for expedited processing of my foreign LLC registration in Georgia?

Yes, you can request expedited processing of your foreign LLC registration in Georgia for an additional fee, but availability may vary depending on the Secretary of State’s workload.

Are there any ongoing compliance requirements for a foreign LLC in Georgia?

In addition to filing annual reports, foreign LLCs in Georgia must also maintain a current registered agent and address with the Secretary of State.

Can I transfer my existing foreign LLC to Georgia?

Yes, you can transfer your existing foreign LLC to Georgia by registering as a foreign entity with the Secretary of State and complying with all state requirements.

What are the steps to form a foreign LLC in Georgia?

The first step is to file an Application for Certificate of Authority with the Georgia Secretary of State.

In Conclusion

Having a foreign LLC in Georgia is nothing but expanding your business legally beyond the boundary of your domestic or home state. 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. From getting the Certificate of Existence to hiring a registered agent in Georgia, a professional or attorney can always be a perfect help. ZenBusiness is one of the most accurate and user-friendly services that offer a bunch of LLC formation services. They offer LLC formation for $0 (excluding the state formation fee).

The cost of registering a foreign LLC in Georgia can vary depending on a range of factors. While the initial registration fees and ongoing expenses can be a significant investment, many companies find that the benefits of establishing a presence in the state outweigh the costs. By carefully considering the expenses involved and budgeting accordingly, companies can ensure that their foreign LLC in Georgia is a success.