Georgia LLC Operating Agreement Templates

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A Georgia LLC operating agreement is a legal document that assists member(s) of a company to create an outline of the organization’s standard operational procedures and other important aspects of the entity that shall be agreed upon by the managing members.

The State of Georgia does not require any business or entity to file this document. That being said, it’s highly recommended that all entities put this agreement in place. The document shall provide the separation of personal assets from the business. This is required, in order to keep the company from becoming vulnerable, in the event of any sort of litigation or failure in the business. To implement the document will also provide tax benefits that, without the document, would not be possible under current laws.

The member(s) should diligently read the entire document to ensure that they are clear with regard to the language of the form. The member(s) may consider a consultation with a knowledgeable attorney for clarification.

Georgia Limited Liability Company ActTitle 14, Chapter 11

Operating Agreement Laws§ 14-11-1107(b)

State Definition – § 14-11-101(18)

By Type (2)


Multi-Member LLC Operating Agreement – For use by entities with more than one member/owner to place into writing, with the unanimous agreement of all members, the outline of the agreement.

Download: Adobe PDFMS Word (.docx)OpenDocument

 

 


Single-Member LLC Operating Agreement – For use of a single owner of a business. This document is designed specifically for the purpose of outlining the business of a sole proprietor.

Download: Adobe PDFMS Word (.docx)OpenDocument

 

 

 


Table of Contents

How to Form an LLC in Georgia (5 steps)

Before submitting any filings to the Georgia Corporations Division, it is advisable that a Business Search be conducted to investigate the availability of your chosen operating name. Any duplicate or similar names will be rejected by their offices. Ensure that the name you decide on includes the words Limited Liability Company or the abbreviation L.L.C./LLC.

Step 1 – Registered Agent

Each LLC must nominate a Registered Agent who shall receive service of process notices, annual filings, and other documents on the business’s behalf. The Registered Agent may be a:

  • Corporation
  • Foreign Corporation with the authority to transact business in the State
  • Individual resident of the State

Step 2 – Articles of Organization/Certificate of Authority 

Applicants must complete the forms required by the Georgia Corporations Division. Select the form below which corresponds with your particular LLC type.

*Adobe PDF applications must include the original form, one copy, and if the LLC is Domestic, the Transmittal Form 231.

Note that those filing Online will be required to Register for an Account in order to access the filing system.

Step 3 – Pay the Filing Fee

The requisite fees are as follows:

  • Domestic – $100
  • Foreign  – $225

Online applicants will be instructed to pay the fee by credit card. If filing by mail, attach a check made out to the ‘Secretary of State’ and deliver your filings to the below address:

Office of Secretary of State, Corporations Division, 237 Coliseum Drive, Macon, Georgia 31217-3858

Step 4 – Operating Agreement

An operating agreement is a legal document that outlines the personal interests of the member(s), the management architecture, and various other provisions related to the operating structure of the LLC. The form is not required by State law, however, it is recommended that one is implemented in order to aid in the overall performance of the business.

Step 5 – Employer Identification Number (EIN)

Any business that plans on performing financial transactions using the company name will be required to apply for an Employer Identification Number (EIN). It is best to apply for an EIN immediately after filing with the Georgia Corporations Division as it will be required to hire employees, apply for financing, acquire company credit cards, etc. The following methods of application are available:

(Video) How to Make an LLC Operating Agreement in Georgia