Georgia Registered Agent: If you wish to start an LLC in Georgia, you have to appoint a registered agent. According to Georgia State Law, it is mandatory to have a Georgia Registered Agent if you are conducting business in the state. A registered agent receives all the official and legal documents from the State. They also receive the service of process if there’s any lawsuit in concern.
In the following guide, we have shared all the required information regarding hiring a registered agent, why you need a registered agent in Georgia, and who can be a registered agent for your LLC. Read this guide carefully before you hire a Georgia Registered Agent.
On this page, you’ll learn about the following:
What is a Georgia Registered Agent
A registered agent (or a statutory agent or a resident agent) in Georgia is an individual or a business that represents your business in receiving official documents. These official papers include formation documents, business renewal documents, tax filing, and any legal document if the LLC gets sued by other companies. All these documents go straight to the registered agent’s official address in the state. While forming an LLC, it is mandatory to appoint a registered agent.
When you file the Georgia LLC formation papers with the Secretary of State, LLCs have to mention their registered agent’s name and address. When you choose a registered agent in Georgia, you can go for two options, hiring an in-house registered agent or outsourcing the service.
Hiring a Registered Agent in Georgia
You may have several options for hiring a registered agent in Georgia. To become a registered agent, one has to meet the basic eligibility criteria. If the minimum requirements are fulfilled, anyone residing in Georgia can represent your LLC as your registered agent.
Who Can Be a Registered Agent
- The person must be above 18 years old.
- The person must have a legal and physical address in the state where the LLC will operate.
- The person must be physically present during normal working hours.
- Anyone who fulfills the above requirements can act as a registered agent.
- Recommended – You should use a professional registered agent in Georgia always.
Can I Be My Own Registered Agent
Yes, you can be your own registered agent. In fact, any member of the LLC, managers, and the owner can be a registered agent. Besides, someone from the owners’ family, such as a spouse, relatives, or other family members, can also act as a registered agent. As mentioned above, anyone who is representing the business as an agent should fulfill the basic criteria.
Why You Shouldn’t Be Your Own Registered Agent
Many small businesses do not hire a registered agent to save a chunk of money. However, it is not recommended to be your own registered agent. There are a bunch of problems one has to face while being a registered agent of his own LLC. Following are some of the issues you face,
- If you are operating your business from home or you are into web business, then your home address will be shared on the public portal. This address will be used for mailing and other official purposes. This will hamper your privacy.
- A registered agent has to be physically available at the official address during working hours on working days for 52 weeks. Being your own registered agent might restrict your other work due to this.
- The registered agent’s address must be up to date in the Secretary of State portal.
It is recommended to outsource the registered agent service to ease your work as it protects your privacy, especially if you conduct your business from home. It is always wise to outsource the RA service than be your own registered agent.
Recommended: You can get the best registered agent service at a reasonable price with online LLC service providers. We recommend using –
LegalZoom – $299 Per Year
How to Choose a Registered Agent in Georgia
You can choose a Georgia Registered Agent in two ways, either you can employ an in-house RA or outsource the service. Another option is to be your own registered agent. However, it is recommended to outsource the service as it is less worrisome and hassle-free.
In-house Registered Agent
As far as the in-house registered agent is concerned, it can be anyone from the LLC, including you, or you can employ an individual for this position. In that case, your office or home address will be the Registered Agent’s office address. Every LLC has to share its principal office address, mailing address, and registered agent’s office address to the state public portal. Hiring a registered agent service will make it easier as you can use the RA’s address as a mailing address.
Outsourcing Registered Agent Service
You may also avail yourself of professional registered agent services. Doing so ensures that you will have the best service provider to represent your business. Following are the best Registered Agent services on our list that will provide you with registered agents to ease your worries.
Note that availing of the services of professional registered agents would be your best option since you are guaranteed that whoever is handling your legal affairs knows their stuff well. If you are forming your LLC from scratch, then with LegalZoom Registered Agent, you will get the full formation package.
What to Consider While Choosing a Georgia Registered Agent
Here are some factors to consider when choosing a registered agent.
- Service Fee: Since most states require formal businesses to have registered agents, selecting the best-registered agent is critical. Hiring a registered agent typically costs between $99 and $300 annually. When you consider how much time it will save you, this is a small price to pay.
- Tenure in Business of Registered Agent: You want the registered agent to have established and time-tested procedures for handling documents. We recommend Registered Agent Services that have been in business for a long time. They are experienced and well capable of handling all your documentation.
- State Jurisdiction Limitation: If your company expands to another state, you should use the same registered agent in all states to reduce the administrative burden of dealing with multiple registered agent service providers. Check out the best Registered Agent Services to consider for this job.
- Offer Monitoring and Follow-up Services: You want to receive up-to-date information and alerts from your registered agent as soon as possible so that you are aware of the various statutes, rules, and regulations that apply to your company. Some of the service providers offer this service. Make sure to choose an RA service that includes this service.
How to Appoint a Registered Agent in Georgia
At the time of submitting the Georgia Articles of Organization, the registered agent can be appointed by the LLC. It can be done online or by mail. No additional fee is charged for appointing a Registered Agent. Only the state filing fee should be paid.
Appoint Registered Agent Online
To appoint a registered agent online, you have to go to the Georgia LLC Online Filing page and provide the information of your Registered Agent accordingly.
Appoint Registered Agent By Mail
To appoint a registered agent in Georgia by mail, you need to download the Georgia LLC filing form (PDF). Fill up the “Registered Agent” section with appropriate details of the agent and submit it to the SOS office. For more information, read on Georgia Articles of Organization.
Cost of a Georgia Registered Agent
The cost of having a registered agent can be variable. It depends on whether you are employing an in-house registered agent, being your own agent, or outsourcing the service. The cost of having a registered agent can start from $99 and go up to $300 per year. It will be cost-effective if you outsource the registered agent service in Georgia.
Registered Agent services that also provide LLC formation packages can provide the same service at a lower price. For example, LegalZoom offers standalone registered agent service at $299 per year, but if you buy their LLC formation package at $0 + state fees, you might get a registered agent at a low cost.
How to Change a Registered Agent in Georgia
To change the Georgia registered agent, you must file a Change of registered agent or office by entity form. This form can be submitted to the Georgia Secretary of State via mail or online filing. Here’s how to change a registered agent in Georgia,
For online filing, you need to get the online form, which is available on the Georgia Secretary of State portal. Fill in all the necessary information of LLC as well as current and old registered agents. This form must be completed and signed by the newly appointed registered agent and any authorized member of the LLC. The signature of the new registered agent acts like the consent to be appointed as one. Submit it online.
Fee: $20 (online) and $30 (by mail)
File By Mail
You can also choose to file the form through the mail. You need to download the Change of registered agent or office by entity form from the Georgia Secretary of State’s portal. Fill in all the details on your computer. The completed form is to be signed by the newly appointed registered agent. The duly signed form must be sent to the following address,
Mail to: Corporations Division
2 Martin Luther King Jr. Dr. SE
Suite 313, West Tower
Atlanta, GA 30334
How to Pay: The filing amount is payable to the Georgia secretary of state through a credit card when filing online/by email. For paper filing, you can choose to pay through money order or check.
Why Do LLCs in Georgia Need a Registered Agent Service
There are several reasons why a business should appoint a registered agent in Geogia. Some of the most important reasons are listed below,
- Confidentiality: Having a registered agent service in Georgia ensures the complete privacy of your business and related documentation. Appointing a registered agent company instead of an individual gets you privacy and confidentiality contracts beforehand.
- Up-to-date Compliance: LLCs and corporates have plenty of paperwork and compliances that are to be updated on time. With a registered agent service, you don’t have to worry about those compliances as your registered agent will maintain a compliance calendar.
- Privacy: It is mandatory for businesses in Georgia to publicly upload their address to the Georgia Secretary of State. If you are using the home address for your business, then it would not be safe to make your private address public. On the other side, appointing a registered agent service will cover you up here as they have to provide their address to the Georgia SOS and not yours.
- Availability: Every registered agent has to be available during office hours of work on business days. If you hire a registered agent service, then they can be available at the required time without harming other tasks at the company.
- Online Safe Backup: Every registered agent in Georgia or any other state usually takes online backup of all the documents and paperwork. This ensures the LLC papers are securely saved in a central system.
- Lawsuits or Summons: Getting summoned or involved in a lawsuit does not leave a good impression on the employees. With a registered agent, all the related papers will be delivered to the Registered Agent’s official address. Hence, owners do not have to receive any such papers in their office in front of their employees.
Georgia Business Laws for Registered Agents to Note
While starting an LLC in Georgia, it is important to know about the business laws in Georgia. The following business laws are applicable to every business in the state. Registered agents help LLCs to understand the laws and keep them updated about these laws. Following are the business laws in Georgia to note,
Interest Rate Laws
In Georgia, like any other state in the United States, the interest rate law is applicable. According to state laws, the maximum threshold of the interest rate is 7% if not written. Any interest rate charged above 7% should be in a written contract. Interest rates can be changed or increased in the following manner,
- 7% maximum if not written on any loanable amount
- Up to 16% if written on up to $3000 or less
- No upper limit of interest rate if the loanable amount is from $3000 to $250,000
- The rate of interest should be written and simple interest.
In case of unlawful interest rate charge or violating any of the above-mentioned rules is a punishable offense. The entire interest amount can be forfeited if the law is violated. Small Industrial Loans are excluded from these rules.
Georgia adopted Anti-trust law in the state according to the Federal Anti-trust law. State laws are subjected to change from time to time. However, currently, in Georgia, only private lawsuits can be filed for Antitrust violations. There is no such strict rule or time span within which the case should be brought up. According to the Federal Antitrust Laws, violating trust or trying to limit competition by creating an illegal monopoly/cartel gets the corporation in jail for 10 years. Alongside they might have to pay a fine of $100,000,000.
Deceptive Trade Practices Laws
Georgia State has adopted the Deceptive Trade Practice Law to prohibit any customer misleading act in the state by the seller. Under this law, a lawsuit can be filed if attempting any of the following points,
- False claim of the product when it is owned by someone else
- False claim of used products as brand new
- False claim of quality of products
- False claim of the sale price of a product.
Violating rules will bring some fines and imprisonment for the accused. The civil penalty can go up to $25,000 as a fine. On the other hand, for intentional damages, the fine starts from $100 and goes up to $1000 or/and jail up to 20 days. For tampering with Auto Odometer, the fine can be triple the damage or $1500, whichever is more, and the attorney’s fees should be paid by the violator.
Civil Statute of Limitations Laws
Statute of Limitation is the time limit plaintiffs get to bring a claim. There are a number of claims that plaintiffs can bring within a stipulated time limit. Following are the cases and time limits to bring the claim,
- Injury to the person – 2 Years
- Injury to the personal property – 4 Years
- Fraud – 2 Years
- Any professional malpractice – 2 to 5 years for medical professionals
- Written contracts – 6 Years
- Oral contracts – 4 Years
- Trespass – 4 Years
- Judgment – 5 Years
- Collection of Debt – 4 Years
State laws are subjected to change over time. These time limitations are currently existing under this law. This can be changed in the future.
How to Remove a Registered Agent for LLC in Georgia
A registered agent for LLC in Georgia can be removed by submitting an Amended Annual Registration with the Georgia Secretary of State with a filing amount of $20 for online mode and $30 for mail.
How to Remove a Registered Agent for LLC in Georgia
When it comes to operating a Limited Liability Company (LLC) in Georgia, one crucial aspect that business owners must be familiar with is the concept of a registered agent. The registered agent serves as the main point of contact between the state and the LLC, handling important legal and official communications. However, there may come a time when an LLC decides to change or remove its current registered agent for various reasons. This editorial comment seeks to shed light on the process of removing a registered agent for an LLC in Georgia.
Firstly, it is important to stress the significance of a registered agent for an LLC. This individual or entity plays a pivotal role in the communication between the state and the company, ensuring that vital information is promptly received and properly handled. Under Georgia state law, an LLC is required to designate a registered agent who must have a physical address within the state. Contrary to popular misconception, an LLC or its owner cannot serve as the registered agent.
Now, let us explore how an LLC in Georgia can remove its current registered agent. To initiate the change, the LLC members or owners must reach a unanimous decision to remove the agent and proceed accordingly. Complete agreement among LLC members is vital to undergo this process, as any dissent could result in administrative complexities and delays. The purpose of this unanimity requirement is to protect an LLC from any potential misuse or abuse of its corporate shield status.
Once a unanimous decision is made, the next step is setting out the necessary paperwork to remove the registered agent. Georgia dictates that the official process must be handled by submitting a Statement of Change Form to the Secretary of State’s office. It is critical to accurately complete this Form, ensuring that all the required information including the LLC’s name, the name of the registered agent, and their address, is appropriately filled in. Moreover, the form should be duly signed by one of the LLC’s members or someone authorized by the LLC.
Another essential point to remember is that a copy of the completed Form should be sent to the current registered agent to notify them of the impending removal. This allows them to prepare and organize any relevant records possibly coming in the future, ensuring a proper handover without any disruptions in the LLC’s operations.
While the process of removing a registered agent might seem straightforward, it is crucial for LLC owners to familiarize themselves with every step involved, as even minor mistakes could lead to unnecessary complications. Moreover, ensuring the change is carried out in a timely fashion is equally vital, to avoid interrupted communication with the state authorities or legal entanglements.
Undoubtedly, understanding the process of removing a registered agent for an LLC in Georgia is not only essential but also an asset for business owners. By following the necessary steps, an LLC can streamline its operations while maintaining compliance with state laws.
In conclusion, the process of removing a registered agent involves careful planning and compliance with legal procedures. Georgia businesses must ensure that all members unanimously agree on the change and accurately fill out the required paperwork with the Secretary of State. By fulfilling these requirements, LLCs can successfully transition to a new registered agent, safeguarding their operations and future communication with state authorities.
There is a procedure in Georgia for changing the registered agent. You must download, complete, and submit the RA change application form to the Secretary of State online, by mail at Corporations Division, 2 Martin Luther King Jr. Dr. SE, Suite 313, West Tower, Atlanta, GA 30334, or via fax, depending on which option is most convenient for you. In Georgia, it costs $30 to change the registered agent.
You need to fulfill a few conditions in order to be a registered agent in Georgia. Being legally an adult (18+) is one of the most crucial requirements. You furthermore need to be a Georgia resident. You may register as an agent if you satisfy these requirements.
In Georgia, a registered agent may be a spouse, any LLC member, a member of your family or close friends, or even you. Being a legal adult (18+) and a resident of the state are the two primary requirements. If you are capable of doing so, being a registered agent should not be difficult.
Georgian law makes it simple to change a registered agent’s address. You must file the RA Change Form, which is accessible online at the Georgia Secretary of State’s website. Include the new address in the form. Depending on the option that works best for you, submit it electronically, by mail to the Corporations Division, 2 Martin Luther King Jr. Dr. SE, Suite 313, West Tower, Atlanta, GA 30334, or by fax. The address change can incur a cost.
On the Georgia SOS website, you may locate a company’s registered agent. If you know the firm name, use that to do a search. If you find the firm you’re searching for, use that information to find the registered agent.
It is required by law in Georgia for any corporation to have a registered agent. Any papers, licenses, and notifications will be sent by your registered agent, who will also be in charge of receiving any legal actions brought against the business at his registered address. During business hours, he or she must be accessible at their office.
Companies must provide their name, address, and contact information at the time of company registration in order to formally designate a registered agent in Georgia. The registered agent is included in a distinct part of the articles of incorporation. This is how one names a registered agent in Georgia.
You must go to the official website of the Georgia Secretary of State to look for a registered agent’s address in Georgia. Seek for the following procedures to look for the registered agent’s address:
1. Visit the Georgia SOS website.
2. Use the business name to search for information about the firm
3. Look for the registered agent address list.
This makes it simpler to locate the registered agent’s address.
The name of a registered agent might be used to look for a company in Georgia. visit the official website of the Georgia Secretary of State. Find the “Business Search” option. You may “Search by the registered agent” in the search area. Choose the option and type the registered agent’s name. You will get the company name.
The essential requirements in Georgia for a registered agent are that they are at least 18 years old and have a physical residence there. It is possible for someone or anything to serve as the registered agent if they are a state resident and are at least 18 years old.
You must go to the Georgia SOS to hunt for a registered agent for a company in Georgia. You must choose Business Search from the homepage. Enter the name of the corporation if you know it to search for the company. To see further information, choose the registered agent option.
Suppose the business that the registered agent was representing requires a signed resignation letter. The Georgia Secretary of State must receive a resignation letter through mail, fax, or internet after the employer accepts it. In the allotted period, the notice must be delivered.
By entering onto the Georgia Secretary of State’s website, you may modify a registered agent there online. Make sure the online method is accessible for you, however, before you continue with it. RA Change Form should be sent if not.
You may acquire a registered agent for nothing in Georgia. You won’t need to physically pay anything to yourself if you act as your own registered agent. You could save money if your partner or a close acquaintance joins an agency. Finally, you may choose a free, reputable registered agent service in Georgia.
Visit the Georgia Secretary of State’s website to learn more about the registered agent in Georgia. The “Search Business” option will be shown to you. You may search for your company using its name. You may receive the registered agent’s information from the list while you wait for the results.
Georgia does not have a unique form for the registered agent. When establishing their firm, companies must choose a registered agent and send their information via the formation paperwork. The Corporations Division, 2 Martin Luther King Jr. Dr. SE, Suite 313, West Tower, Atlanta, GA 30334, is where the formation paperwork must be submitted.
You must tell the Georgia SOS if your firm does not have a registered agent there. Given that every corporation in Georgia has to have a registered agent, there can be a legal problem. In Georgia, you may need to act as a registered agent if there isn’t one.
If a registered agent passes away in Georgia, all of their authority is dissolved. In Georgia, a registered agent is required. Therefore, the business has to choose or replace a new registered agent. A manager, an official of the business, or even the owner, might act as the registered agent in the interim.
There are several requirements in Georgia to register your company. The Georgia Secretary of State can tell you if you may keep your registered agent’s name off the public platform if you visit their office. You may keep a member’s name hidden if you have an Anonymous LLC.
Call the Secretary of State’s office in Georgia to get the registered agent information. The official hours are 8 am to 5 pm. To reach the executive, dial (404) 656-2817. To receive the information, adhere to the caller’s instructions.
When a person gives their permission to act as a registered agent in Georgia, they are indicating their acceptance of the role. Before beginning the process of serving the newly appointed individual, Georgia requires that they provide their permission.
Georgia uses the term “registered agent” interchangeably with “resident agent.” While the registered agent is utilized in the majority of states, a resident agent is used in other states. Every state has the same designation, appointment process, and registration procedure.
If the registered agent in Georgia refuses to agree, the business risks facing legal repercussions for making a false declaration. The registered agent, however, is free to refuse any obligation that has been placed upon them.
The corporation may still be sued even though it has no registered agent in Georgia. Simply put, the lack of an agent preventing the corporation from receiving legal notices is the issue. However, the lawsuit will proceed, and an alternative method of sending the notice will be used.
In order to reject the designation, a registered agent in Georgia must file an application of rejection. They only need to sign the rejection declaration and mail it to the Georgia Secretary of State. It is comparable to accepting the designation.
Before you choose a registered agent for your Georgia LLC, compare their price and services from the table. They will be responsible for all your documentation, filings, and other LLC-related tasks. Hence, choose the best one for your business that provides 100% accurate service at a reasonable price.