If you are trying to form an LLC in Georgia, then take note that in this state, how to start an LLC requires having a Georgia registered agent who will handle all official paperwork on the LLCs behalf.
On this page, you’ll learn about the following:
Georgia Registered Agent Requirements
There are certain requirements to fill the role of a Georgia registered agent:
- The nominee must be more than 18 years old.
- The individual must have a legal, physical address in the state where the LLC will operate.
- The individual must be physically present during normal working hours.
How to Choose a Registered Agent?
When you file your Certification of Formation in Georgia, you must nominate a registered agent. You can either appoint an in-house registered agent (yourself or any LLC member) or outsource to a Georgia registered agent service. You can elect your registered agent online through the Georgia Secretary of State website.
Hiring an Inhouse Registered Agent
When hiring an in-house registered agent, make sure the individual is over 18 of age and lives in Georgi.
Can I be My Own Registered Agent?
Yes, you can be your own registered agent. So long as you meet the basic requirements for a registered agent, then you can take on this role for your LLC.
Outsourcing a Registered Agent
You may, instead, get professional registered agent services. Doing so ensures that you will have the best individual to represent your business. Here are the best LLC 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. You will enjoy peace of mind and focus only on running your business, as the ‘professionals’ take care of all legal matters.
What to Consider When Choosing a 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 service typically costs between $50 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 that are received.
- 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.
- 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.
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.
- Anti-trust Laws: 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 own 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 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 limit 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.
If you want to remove your company’s registered agent, you need to file a new Annual Registration with the Secretary of State of Georgia. Changing your registered agent is easier than you might think. You can choose to change your registered agent yourself or use a registered agent service to save a lot of time and money. However, it is important to keep in mind that you must still notify the state of your change.
In order to stay in compliance with state regulations, every Georgia LLC must appoint and maintain a registered agent. This person receives official state correspondence and legal notices on behalf of the company. The registered agent must also have a Georgia street address. In some states, registered agents cannot use a P.O. box. Therefore, it is important to use an agent who has a physical address in the state.
You should consider using a registered agent service that has an office in your state. Typically, these services are cheaper than hiring a lawyer or attorney to serve as your LLC’s registered agent. Additionally, many of these services have offices in all fifty states, making them ideal for expansion. The key to staying compliant is to avoid penalties and to avoid unnecessary legal fees. If you don’t have time or money to hire an attorney, you can use a registered agent service.
If your LLC uses a federal tax ID, you should get an EIN (Employer Identification Number). You’ll need a federal tax ID to open a bank account for your business. It’s also necessary to register your LLC with the Georgia Department of Revenue and the Department of Labor. Without an EIN, you must use your personal social security number to register with the state. This means that if you own a business with an employer identification number, you will need to register with your personal social security number as well.
To remove a Georgia registered agent, you’ll need to contact the state’s Office of the LLC’s Registered Agent. The state’s Office of Incorporation must be the same as the Registered Agent’s. If you choose a virtual office, it’s crucial to provide them with a mailing address where they can receive mail and handle phone calls. Then, when the time comes to serve the LLC, you’ll need to send a copy of the process to the State of Georgia.
If you’re unsure of your LLC’s registration requirements, consult a local lawyer before making a change. You can also use an online service to get legal advice. You can also find out how to remove a Georgia registered agent from a local directory. Make sure to follow any regulations in the state to ensure that everything goes smoothly and with no hassles. There are plenty of tips to help you remove the registered agent for your LLC.
All corporations and limited liability companies doing business in Georgia are required by state law to appoint a Georgia registered agent. Georgia registered agents provide a reliable way for the Secretary of State and state courts to contact a corporation or LLC.
A registered agent is simply a person or entity appointed to accept service of process and official mail on your company’s behalf who lives in the state of service and is over 18.
If you intend to be your own registered agent, you may be forced to use your home address (especially if you run a home-based or web-based business), making the address public.
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 documentations, filings, and other LLC-related tasks. Hence, choose the best one for your business that provides 100% accurate service at a reasonable price.