How to Guide: Create or Form a New Domestic Entity
How do I form a Domestic Entity with Georgia Secretary of State?
A domestic entity is one that is being created in Georgia for the first time and may take the form of a corporation, LLC, or partnership. Select the form you want to create below and follow the steps in the guide.
Select a Business Structure
As you start your new business, you will have to choose a business structure. A business structure determines how your business is organized. It affects the type of taxes you pay, your level of liability, and other legal considerations. Secretary of State staff is not authorized to provide legal counsel or advise on how your business should be organized. It is recommended that filers obtain professional legal, tax and/or business advise to assure the filer’s goals and intentions are met, and that requirements of the law are satisfied, both before and after formation of the entity.
Register a Domestic LLC with the Secretary of State
Register a Domestic LLC with the Secretary of State
A limited liability company (LLC) is a business structure that offers limited personal liability on the part of the owner. An LLC may also offer the possibility of certain tax benefits.
A limited liability company (LLC) is a business structure that offers limited personal liability on the part of the owner.
An LLC also offers the possibility of certain tax benefits. A specialized attorney may be able to help you determine if an LLC is appropriate for your business needs.
- Do your research to be sure an LLC is the right structure for your business entity.
- Determine if you are a foreign or domestic business entity. A domestic entity is one that is being created for the first time in Georgia. A foreign entity is one that already exists outside of the State of Georgia — whether that is another country or simply another U.S. state. Foreign entities must follow a different procedure to do business in Georgia
- Select a registered agent for your company. The registered agent is the person or entity designated to receive any service of process, documents, or other official communication on behalf of the business. A registered agent must be located in Georgia.
- Have any optional provisions that you may want to include in your articles prepared in advance. Optional provisions refer to information about the entity that are not required by law to be included in the articles of organization. Added provisions should not be inconsistent with law.
- Name of the LLC or a valid name reservation number
- Name and address of the person filing for the LLC
- A valid email address
- Mailing address of the principal office
- Name and address of the registered agent
- Name and address of each organizer
- Any optional provisions you need to add to your articles of organization
- A form of payment. Depending on how you apply, your form of payment will be one of the following: credit card, check, cashier’s check, or money order
You can register a domestic LLC online or by mail. Filing can be expedited for additional fees. Each registration method has different processing times and expedite options.
- Register online – Articles of organization are electronically generated.
- Register by paper online – Paper articles of organization must be drafted and prepared in advance, then uploaded online using the submit paper filing online option.
- Register by mail – Paper articles of organization must be drafted and mailed along with required paper transmittal form. Please note: There is an additional $10 service charge for filing in paper format by mail or hand-delivery.
This is the quickest and easiest filing method.
The filer may simply fill in the required business information and the articles of organization will be electronically generated when the filing is approved. You do not have to draft and upload your own articles, nor are drafted articles allowed to be uploaded when using this filing option.
- Visit the Secretary of State’s online services page.
- Create a user account.
- Select “create or register a business”. Create a new, domestic business and choose "Domestic Limited Liability Company."
- Fill out the required information about your business entity.
- Pay the $105 fee ($100 filing fee + $5 service charge) by approved credit card: Visa, MasterCard, American Express, or Discover. Expedite filing options are available for an additional fee. All fees are non-refundable.
Processing Time:
Varies based on office workload; online filings are generally processed in approximately 7 business days. Processing in 2 business days costs an additional $120; Processing in the same business day (if submitted before noon on a business day) costs an additional $275. All fees are non-refundable.
The paper online filing option requires that you draft your own articles of organization and upload the documents in the designated section. The online system will not generate articles on your behalf using this filing method.
- Visit the Secretary of State’s online services page.
- Create a user account.
- Select “Submit Paper Filing Online."
- Select "Domestic Business Formation - Limited Liability Company."
- Fill out the required information about your business entity and upload the required documents in the designated section.
- Pay the $105 fee ($100 filing fee + $5 service charge) by approved credit card: Visa, MasterCard, American Express, or Discover. Expedite filing options are available for an additional fee. All fees are non-refundable.
Processing Time:
Varies based on office workload; online paper filings are generally processed in approximately 10-14 business days. Processing in 2 business days costs an additional $120; Processing in the same business day (if submitted before noon on a business day) costs an additional $275. All fees are non-refundable.
- Either draft your own Articles of Organization, or download and fill out the Articles of Organization for LLC (CD 030) form from the Georgia Secretary of State website.
- Download and fill out the Transmittal Form — Limited Liability Companies (231) from the Georgia Secretary of State website.
- Mail the completed articles of organization, transmittal form, and $110 fee ($100 filing fee + $10 paper filing service charge) by check or money order to:
Office of Secretary of State
Corporations Division
2 Martin Luther King Jr. Dr. SE
Suite 313 West Tower
Atlanta, Georgia 30334
Processing Time
Varies based on office workload; paper filings are generally processed in approximately 15 business days from date of receipt by the Corporations Division. Processing in 2 business days costs an additional $120; Processing in the same business day (if submitted before noon on a business day) costs an additional $275. Processing in one hour costs an additional $1,200. All fees are non-refundable.
Once your filing is reviewed and approved, a Certificate of Organization will be issued for your entity.
Each LLC must file an annual registration with the Secretary of State between January 1 and April 1 of each calendar year. The filing fee is $50.00. The initial annual registration is due between January 1 and April 1 of the year following the calendar year in which the LLC was formed. You may file an annual registration for a period up to and including 3 calendar years in advance.
The annual registration may be filed online.
Changes to the LLC’s principal office address and/or registered agent and registered office address throughout the year are made by filing an annual registration or an amended annual registration and paying the appropriate fee.
An LLC that does not submit its annual registration as required is subject to administrative dissolution. An administratively dissolved LLC may be reinstated within 5 years of the effective date of dissolution. There is a $250 filing fee to reinstate an administratively dissolved LLC. Fees are non-refundable.
Register a Domestic Corporation
A corporation is a type of business entity that has limited liability and is separate from its owners, the shareholders.
A corporation is composed of three different groups: shareholders (or members, in a nonprofit corporation), directors, and officers. Certain smaller corporations may also elect with the Internal Revenue Service to be an S-Corporation. A specialized attorney may be able to help you determine if a corporation is appropriate for your business needs.
Do your research to be sure a corporation is the right structure for your business entity.
Determine if you are a foreign or domestic business entity. A domestic entity is one that is being created for the first time in Georgia. A foreign entity is one that already exists outside of the State of Georgia - whether that is another country or simply another U.S. state. Foreign entities must follow a different procedure to do business in Georgia.
Select a registered agent for your business entity. The registered agent is the person or entity designated to receive any service of process, documents, or other official communication on behalf of the business. A registered agent must be located in Georgia.
For a profit corporation, determine the number of authorized shares your company will have. You will need to include the total number of shares when you register your corporation with the Secretary of State.
For a nonprofit corporation, determine whether the corporation will have members.
Have any optional provisions prepared in advance. Optional provisions refer to information about the entity that are not required by law, such as 501(c)(3) language for a nonprofit corporation.
- Name of the corporation or a valid name reservation number
- Name and address of the person filing for the corporation
- A valid email address
- Mailing address of the principal office
- Name and address of the registered agent
- Name and address of each incorporator
- Number of authorized shares for a profit corporation or whether or not there will be members for a nonprofit corporation
- Any optional provisions you need to add to your articles of incorporation
- A form of payment. Depending on how you apply, your form of payment will be one of the following: credit card, (MasterCard, Visa, American Express, and Discover Cards), check, cashier’s check, or money order.
You can register a domestic corporation online or by mail. Applications can be expedited for additional fees. Each registration method has different processing times and expedite options.
Register online – Articles of incorporation are electronically generated.
Register by paper online – Paper articles of incorporation must be already drafted and prepared in advance, then uploaded online using the submit paper filing online option.
Register by mail – Paper articles of incorporation must be drafted and mailed along with required paper transmittal form. Please note: There is an additional $10 service charge for filing in paper format by mail or hand-delivery.
This is the quickest and easiest filing method.
The filer may simply fill in the required business information and the articles of incorporation will be electronically generated when the filing is approved. You do not have to draft and upload your own articles, nor are drafted articles allowed to be uploaded when using this filing option.
- Visit the Secretary of State’s online services page.
- Create a user account.
- Select “create or register a business”. Select “I am creating a new domestic business” and choose your desired domestic corporation: domestic profit, domestic professional, domestic benefit, or domestic nonprofit.
- Fill out the required information about your business entity.
- Pay the $105 fee ($100 filing fee + $5 service charge) by approved credit card: Visa, MasterCard, American Express, or Discover. Expedite filing options are available for an additional fee. All fees are non-refundable.
Processing Time
Varies based on office workload; online filings are generally processed in approximately 7 business days. Processing in 2 business days costs an additional $120; Processing in the same business day (if submitted before noon on a business day) costs an additional $275. All fees are non-refundable.
The paper online filing option requires that you draft your own articles of incorporation and upload the documents in the designated section. The online system will not generate articles on your behalf using this filing method.
- Visit the Secretary of State’s online services page.
- Create a user account.
- Select “Submit Paper Filing Online."
- Choose your desired domestic corporation: domestic profit, domestic professional, domestic benefit, or domestic nonprofit.
- Fill out the required information about your business entity and upload the required documents in the designated section.
- Pay the $105 fee ($100 filing fee + $5 service charge) by approved credit card: Visa, MasterCard, American Express, or Discover. Expedite filing options are available for an additional fee. All fees are non-refundable.
Processing Time
Varies based on office workload; online paper filings are generally processed in approximately 10-14 business days. Processing in 2 business days costs an additional $120; Processing in the same business day (if submitted before noon on a business day) costs an additional $275. All fees are non-refundable.
- Draft your articles of incorporation. A sample articles of incorporation may be viewed in the document Filing Procedure - Corporation.
- Download and fill out the Transmittal Form - Corporation (CD 227).
- Mail the completed articles of incorporation, transmittal form, and $110 fee ($100 filing fee + $10 paper filing service charge) by check or money order to:
Office of Secretary of State
Corporations Division
2 Martin Luther King Jr. Dr. SE
Suite 313 West Tower
Atlanta, Georgia 30334
Processing Time
Varies based on office workload; paper filings are generally processed in approximately 15 business days from date of receipt by the Corporations Division. Processing in 2 business days costs an additional $120; Processing in the same business day (if submitted before noon on a business day) costs an additional $275. Processing in one hour costs an additional $1,200. All fees are non-refundable.
- Once your filing is reviewed and approved, a Certificate of Incorporation will be issued for your entity.
- Within 90 days of incorporation, each Georgia corporation must file an initial Annual Registration (AR) that lists three principal officers with the Secretary of State.
- The filing fee is $50.00 for profit corporations and $30.00 for nonprofit corporations. Corporations that form between October 2 and December 31 must file the initial AR between January 1 and April 1 of the next calendar year. You may file an annual registration for a period up to and including 3 calendar years in advance.
- Subsequent ARs are filed between January 1 and April 1 of each designated AR period thereafter.
- The AR may be filed online.
- Changes to the corporation’s address, officers, and/or registered agent and registered office address throughout the year are made by filing an AR or an amended AR and paying the appropriate fee.
- A corporation that does not submit its AR is subject to administrative dissolution.
- An administratively dissolved corporation may be reinstated within 5 years of the effective date of dissolution.
- There is a $250 filing fee to reinstate an administratively dissolved corporation. Fees are non-refundable.
Register a Domestic Limited Partnership
Limited Partnerships (“LP”) are formed by filing a certificate of limited partnership with the Secretary of State. A specialized attorney may be able to help you determine if a limited partnership is appropriate for your business needs.
- Do your research to be sure an LP is the right structure for your business entity.
- Determine if you are a foreign or domestic business entity. A domestic entity is one that is being created for the first time in Georgia. A foreign entity is one that already exists outside of the State of Georgia — whether that is another country or simply another U.S. state. Foreign entities must follow a different procedure to do business in Georgia
- Select a registered agent for your company. The registered agent is the person or entity designated to receive any service of process, documents, or other official communication on behalf of the business. A registered agent must be located in Georgia.
- Have any optional provisions prepared in advance. Optional provisions refer to information about the entity that are not required by law to be included in the certificate of limited partnership. Added provisions should not be inconsistent with law.
- Name of the LP or a valid name reservation number
- Name and address of the person filing for the LP
- A valid email address
- Mailing address of the principal office
- Name and address of the registered agent
- Name and address of each general partner
- Any optional provisions you need to add to your certificate of limited partnership
- A form of payment. Depending on how you apply, your form of payment will be one of the following: credit card, check, cashier’s check, or money order.
You can register a domestic LP online or by mail. Filing can be expedited for additional fees. Each filing method has different processing times and expedite options.
Register online – Certificate of limited partnership is electronically generated.
Register by paper online – Paper certificate of limited partnership must be drafted and prepared in advance, then uploaded online using the submit paper filing online option.
Register by mail – Paper certificate of limited partnership must be drafted and mailed along with required paper transmittal form. Please note: There is an additional $10 service charge for filing in paper format by mail or hand-delivery.
This is the quickest and easiest filing method.
The filer may simply fill in the required business information and the certificate of limited partnership will be electronically generated when the filing is approved. You do not have to draft and upload your own certificate of limited partnership, nor is a drafted certificate of limited partnership allowed to be uploaded when using this filing option.
- Visit the Secretary of State’s online services page.
- Create a user account.
- Select “create or register a business”. Select “I am creating a new domestic business” and choose your desired domestic partnership type.
- Fill out the required information about your business entity.
- Pay the $105 fee ($100 filing fee + $5 service charge) by approved credit card: Visa, MasterCard, American Express, or Discover. Expedite filing options are available for an additional fee. All fees are non-refundable.
Processing Time
Varies based on office workload; online filings are generally processed in approximately 7 business days. Processing in 2 business days costs an additional $120; Processing in the same business day (if submitted before noon on a business day) costs an additional $275. All fees are non-refundable.
The paper online filing option requires that you draft your own certificate of limited partnership and upload the documents in the designated section. The online system will not generate a certificate of limited partnership on your behalf using this filing method.
- Visit the Secretary of State’s online services page.
- Create a user account.
- Select “Submit Paper Filing Online" then choose your desired domestic partnership type.
- Fill out the required information about your business entity.
- Pay the $105 fee ($100 filing fee + $5 service charge) by approved credit card: Visa, MasterCard, American Express, or Discover. Expedite filing options are available for an additional fee. All fees are non-refundable.
Processing Time
Varies based on office workload; online filings are generally processed in approximately 7 business days. Processing in 2 business days costs an additional $120; Processing in the same business day (if submitted before noon on a business day) costs an additional $275. All fees are non-refundable.
- Draft the limited partnership’s Certificate of Limited Partnership.
- Download and fill out the Transmittal Form — Limited Partnership (246) from the Georgia Secretary of State website.
- Mail the completed certificate of limited partnership, transmittal form, and $110 fee ($100 filing fee + $10 paper filing service charge) by check or money order to:
Office of Secretary of State
Corporations Division
2 Martin Luther King Jr. Dr. SE
Suite 313 West Tower
Atlanta, Georgia 30334
Processing Time
Varies based on office workload; paper filings are generally processed in approximately 15 business days from date of receipt by the Corporations Division. Processing in 2 business days costs an additional $120; Processing in the same business day (if submitted before noon on a business day) costs an additional $275. Processing in one hour costs an additional $1,200. All fees are non-refundable
- Once your filing is reviewed and approved, a Certificate of Limited Partnership will be issued for your entity.
- Each limited partnership must file an annual registration with the Secretary of State between January 1 and April 1 of each calendar year. The filing fee is $50.00. The initial annual registration is due between January 1 and April 1 of the year following the calendar year in which the LLC was formed. You may file an annual registration for a period up to and including 3 calendar years in advance.
- The AR may be filed online.
- Changes to the LP’s principal office address and/or registered agent and registered office address throughout the year are made by filing an annual registration or an amended annual registration and paying the appropriate fee.
- An LP that does not submit its annual registration for 3 consecutive years will be placed on an inactive status, and its name shall become available for use.
Contact
Address
2 MLK Jr. Drive
Suite 313, Floyd West Tower
Atlanta, Georgia 30334-1530
Phone
Service Hours
Mon - Fri 8:00am - 4:00pm
Related Resources
- Online Resource First Stop Business Guide
- Online Resource Which Legal Entity is Right for Your Business
- Online Resource Georgia Department of Economic Development
- Online Resource Georgia Chamber of Commerce
- Online Resource U.S. Small Business Administration
- Online Resource Women’s Business Centers
Contact the Corporations Division
Address
2 MLK Jr. Drive
Suite 313, Floyd West Tower
Atlanta, Georgia 30334-1530
Phone
Service Hours
Mon - Fri 8:00am - 4:00pm