Starting a Business in Georgia | Checklist and Forms

How to Start a Business in Georgia

Georgia Business Facts

Georgia is one of the ten most populous states in America and the largest state east of the Mississippi River. Atlanta, Georgia’s thriving capital, is a beacon of culture and opportunity with affordable real estate, a healthy economy and a temperate southern climate. Georgia is home to more than 700,000 registered establishments. Recently, American Express ranked Georgia 5th among all states with the most number of companies owned or managed by women.

Major Companies Headquartered in Georgia

Georgia is the headquarters of major companies including UPS, The Home Depot, The Coca-Cola, and Delta Air Lines.

Georgia Business Environment

Georgia is a great place for small business with 99.8% of its nearly 300,000 companies with employees categorized as small. Atlanta ranks among America’s top 25 regions considered to be the best in tech and was recently named number one in the US as the best state for business by Site Selection Magazine.

Steps on How to Start a Business in Georgia

Step 1: Decide on a Business Structure

There are three types of business structures: a Corporation, an LLC, and a DBA. Click here to learn more about business entities.

A Corporation is a separate entity (provides liability protection to the owners) with a structure that includes shareholders, directors and officers. It’s more complex than a DBA but the entity of choice for large companies and startups that intend to raise funding. Some professions are required to choose what is known as a “Professional Corporation” or PC (doctors, lawyers, architects, etc.).
An LLC or “Limited Liability Company” is a newer type of business that is both a separate entity and provides very easy management (doesn’t require directors or officers) and taxation. The LLC has largely replaced the DBA and Corporation in popularity recently as it provides liability protection but with much less complexity (and taxation) than a Corporation.
A DBA or “Doing Business As” (also known as a “Fictitious Business Name” or FBN) is not really a separate structure, but just a different name that an individual or partners use as their business name.

Step 2: Choose a Business Name

Choosing a business name is easier said than done – many legal and business problems can arise from choosing the wrong name (you can always change it later but the less times you have to do that, the better). In Step 3 we’ll show you how to search for the name in Georgia, but we highly recommend you do the following before searching Georgia state databases:

Make sure you’ve covered the basics: unique, easy to understand/pronounce (practice saying it out loud: “Thanks for calling XYZ”) and can survive over time (“DVD World” is not timely). Here are some of our tips on business identity including logo and trademarks.

Search the web for your proposed name. Search Google, Bing and DuckDuckGo as a “first sweep” for any potential conflicts, especially in your state or local jurisdiction. NOTE: If you intend to operate nationally or even internationally it will be even more important that your name be unique. This should cover many cases where a company name is being used but not officially trademarked (see next tip).

Do a trademark search with the US Patent and Trademark Office (USPTO). This will be a very good indicator if your name will have any conflicts. There’s an art to trademark searches (trademark specialists will charge you handsomely to do a thorough search) but in our experience if you can use Google at a fairly advanced level you can reasonably clear a name yourself. Tip: search misspellings, plurals, variations of spelling, sound-alikes and other versions of your chosen name to be sure it’s not already registered.

Make sure your company name choice is available by searching the Georgia Business Entity Database. NOTE: Make sure to search variations of spelling, plurals and misspellings as the state may reject a name that is too similar (then you have to start all over again, wasting valuable time).

Note: Familiarize yourself with the Georgia naming guidelines. LLC entity names need to contain the words Limited Liability Company or the abbreviation LLC, and certain words are restricted or prohibited.

Restrictions on Georgia Business Name & Business Purpose

The Secretary of State may limit the use, required consent, or further information before using an entity name.

The use of terms such as “insurance”, “assurance”, “fidelity”, “surety”, “reassurance”, “reinsurance”, or “indemnity” will require a written approval of the Office of Insurance and Safety Fire Commissioner.
The use of terns such as “bank”, “banc”, “banker”, “banking company”, “banking house”, “bankruptcy”, “bancorp”, “credit union”, “savings & loan”, “trust”, or “trust company” will require the written approval of the Department of Banking and Finance.
The use of terms such as “college” or “university” will require the written approval of the Georgia Nonpublic Postsecondary Education Commission.

Step 3: Register the Business

Each state has its own requirements for registering a business. Now that you’ve chosen a business structure and picked your business name, here are the requirements to register your business in Georgia.

How to form an LLC in Georgia

File the “Articles of Organization” with the Georgia Secretary of State
Once the articles are filed and approved you will then need to properly organize the LLC (this also applies to “1-person LLC’s”) by holding an “Organizational Meeting” which takes contributions from the members, issues Member Certificates, adopts the company Operating Agreement and more.

How to Incorporate in Georgia

File the “Articles of Incorporation” with the Georgia Secretary of State.
Hold an “Organizational Meeting” to determine the percentage of ownership for each shareholder as well as resolve to do tasks like open a company bank account, pay back pre-incorporation expenses, elect S-Corporation status and more.
Corporations can elect S-Corporation status with the IRS by filing IRS Form 2553. Click here to learn more about S-Corporations.

Note: When registering a new company the Secretary of State can take several weeks to file the paperwork. You can expedite the process by hand delivering the documents directly to them or one of their field offices and paying an additional fee.

TIP: Check our order form to see how long Georgia is currently taking to process regular and expedited orders.

How to File a DBA in Georgia

Georgia DBAS are filed with the county. You’ll want to contact your local Clerk of the Superior Court in the county where your company does business to find out exactly what forms to submit and what their submission process is. You can find the local Clerk of the Superior Court office by searching “YOURCOUNTY Clerk of the Superior Court.”

Considerations when registering a Georgia business

Hire a professional Registered Agent. Many people list their home or business address on the Articles of Organization or Incorporation. This can cause issues because it becomes public record (you’ll get lots of junk mail). A professional Registered Agent will provide their address and forward any important documents to you, this is also convenient if you have to move (you don’t have to file forms or pay fees, just update your address with your agent).

Ready to register a business in Georgia?

We specialize in registering businesses in Georgia.

Step 4: Obtain your Federal Employer Identification Number (FEIN or “EIN”)

Your EIN is like your Social Security Number for your company. It’s required for Corporations and LLC’s and optional for DBA’s (if you don’t have any employees, then it’s required). However, if you are a DBA and don’t obtain an EIN you will be forced to use your Social Security Number on many documents so it’s typically recommended you obtain the EIN to prevent identity theft.
To obtain an EIN you can apply online with the IRS or via IRS Form SS-4.
You can read more about corporate tax laws in Georgia by visiting the Georgia Department of Revenue.

Step 5: Open Company Accounts: Bank and Credit Cards

To keep business and personal expenses separate, you should open a separate account for your business. In addition, getting business credit cards is how you begin to build a company credit profile (corporation or LLC required) and can later qualify for larger loans and lines of credit. To open the account simply call your chosen bank and ask the steps to open a business bank account. Typically you’ll need a) your filed paperwork b) your EIN c) a company resolution authorizing your company to open the account (signed by the owners, members, officers or directors, etc.).

Top Business Banks in Georgia

SunTrust
Bank of the Ozarks
Bank of America
PNC Bank
Wells Fargo

TIP: Our business formation service includes a free banking resolution for your use.

Step 6: Obtain Business Licenses and Permits

Now that you’ve registered your business name you might need to obtain a business license for your company. This authorizes your company to do business in your city or county. Typically this also involves registering for state taxes and permits (the city may require them as part of the business licensing process). In Georgia, some small-business owners must apply for a business license that corresponds with the type of business they operate such as a restaurant or bar that sells alcoholic beverages.

TIP: We work with a company that can obtain and prepare business licenses and permits for you. Click here to learn more.

Step 7: Annual and Ongoing Requirements

DBA: Your Fictitious Business Name should be valid for 5 years (unless you change company name or other information listed on the FBN) at which point you’ll need to renew it with your county Clerk of the Superior Court.

LLC: Georgia LLCs are required to file an Annual Registration with the Georgia Secretary of State each year by March 31.

Corporation: Georgia corporations are required to file an Annual Registration with the Georgia Secretary of State each year by March 31. LLCs and Corporations will pay a filing cost of $50.

Important Georgia Contacts

Georgia Secretary of State

Georgia Corporations Division (for Corporation and LLC filings)
2 MLK, Jr. Dr. Suite 313
Floyd West Tower
Atlanta, GA 30334
Phone: 404-656-2817

Georgia Taxation Departments

Georgia Department of Revenue

Georgia Labor and Employment Departments

Georgia Department of Labor

Georgia Startup Resources

Small Business Administration (SBA) Georgia District Offices

Georgia District Office

SCORE Georgia

SCORE Atlanta is a non-profit resource partner of the Small Business Administration.

Georgia Legal Statutes

Georgia Business Corporations Code – this is the broad code that includes various other topics including partnerships and associations.
Georgia Revised Limited Liability Company Act – the specific act that applies to Georgia LLCs.

Georgia Chambers of Commerce

Business Portals

The cGov360 is a growing online portal to help Georgia business owners.
Georgia Small Business Resource Directory

Angel.co Georgia Startups

A list of Georgia Startups and Georgia angel investors registered with Angel.co.

Georgia Business News

Georgia Department of Economic Development

University of Georgia Small Business Development Center

Georgia Green Loans