Virtual Office Georgia LLC
A Guide to Georgia Foreign LLC Registration
Registering Your Foreign LLC
If you own an out-of-state LLC want to expand your market into Georgia, you’ll need to register as a Georgia Foreign LLC.
First, you’ll need to get a Georgia registered agent. Then, you’ll have to file an Application for Certificate of Authority for Foreign Limited Liability Company with the Georgia Secretary of State’s Office.
We can serve as your local connection in the Peach State when you sign up for Foreign LLC Registration Service, which includes a year of registered agent service. We’ll handle your registration paperwork, too.
For a unique business address in Atlanta, unlimited mail scanning for all your foreign LLC’s mail, and a phone number with a local GA code, add Virtual Office Service at checkout.
What is Georgia Foreign LLC Registration?
Foreign LLC Registration Rules in GA
Foreign LLC Registration
$360
Includes State Fee
- Certificate of Authority filed with the GA SOS
- Complimentary use of our generic business address
- One year of Georgia Registered Agent Service
- Support from local GA filing experts
- Annual Report Renewal Service enrollment
What is a Georgia foreign LLC?
Any LLC formed outside of Georgia is considered a foreign LLC in Georgia. (For reference, LLCs formed within Georgia are considered domestic Georgia LLCs.)
Registering your foreign LLC with the Secretary of State’s office allows you to do business in Georgia.
Foreign registration also saves you the work of having to form a new business in a new state and all the administrative work that goes with that, like getting an additional EIN and bank account.
Is foreign LLC registration required in the of state Georgia?
Foreign registration is required in order to legally conduct business in Georgia with your foreign LLC.
What happens if I don’t register my foreign LLC?
If the state of Georgia finds that you have been conducting business within the state without registering your foreign LLC, you could suffer the following consequences:
- You could be held liable for a $500 penalty, along with all the fees related to registering your company, if you don’t file within 30 days of beginning to do business in Georgia.
- The state could levy other sanctions against your LLC, such as the inability to file a lawsuit in Georgia.
Do I Need to Register My Foreign LLC in GA?
What is “transacting business” in Georgia?
State law stipulates that you’re required to register your foreign LLC in Georgia if you are transacting business within the state. But what’s the definition of “transacting business”?
Unfortunately, Georgia state law only explains what the state considers to be not transacting business. There are, however, general standards for what is considered doing business across all states. If you’re not sure if what your LLC is doing would be considered transacting business, consult with a lawyer to get a firm answer.
You most likely need to register with the state if your LLC:
- Maintains an office, warehouse, or other physical location in GA
- Has invested capital within the state
- Conducts business regularly within the state
You most likely do not need to register if your LLC only:
- Holds meetings in GA
- Owns property in GA
- Has bank accounts in GA
- Sells in GA only through independent contractors
- Goes to court in GA (for example, maintaining, defending, or settling a lawsuit)
For a complete list, refer to GA Code § 14-2-1501.
Benefits of Our Foreign Registration Service
We’re Your Local Georgia Connection
Georgia Registered Agent Service
We help you fulfill the requirement of having a registered agent located in Georgia. When legal and state documents are delivered to us on your behalf, we scan them the same day they arrive and upload them to your online portal for quick, easy viewing.
Fast and Accurate GA Registration Filing
When you’re in the middle of a hectic process like expanding your business into another state, the last thing you want to worry about is filing your paperwork. Let our Georgia business filing experts take care of it for you, so your paperwork doesn’t get rejected.
Compliance and Mail Management Tools
This filing package includes enrollment in our Renewal Service for annual report filing to help keep your company in good standing with the state. You can also add Virtual Office or Mail Scanning Service for convenient mail management in Georgia.
How to Register Your Foreign LLC in Georgia
A Rundown on the GA Foreign Registration Process
1. Confirm that your LLC’s name is available
In Georgia, you can’t register your foreign LLC using a name that already belongs to another business in Georgia. This means that if your legal business name (the one your LLC was formed under in your home state) has been claimed by some other business in Georgia, you’ll have to choose a different name to use in the state.
How do I find out if my LLC’s name is available?
You can find out if your name is available using the Georgia Business Name Search database.
As long as no other business is using your business name (or a very similar one) you’ll most likely be able to use it in Georgia.
What if my LLC’s name isn’t available?
If your name isn’t available, you’ll have to come up with a new name that you can use to transact business in Georgia.
Luckily, you won’t have to fill out any extra paperwork if this is the case. All you have to do is list the name that you will use in Georgia in the field “Name of Limited Liability Company” and your legal business name in the field “Name of Limited Liability Company in State or County of Formation.”
Can I reserve a name for my foreign LLC in Georgia?
If you know what name you want to use and it’s available, but you’re not ready to file your paperwork, you can reserve that name to make sure no one else snaps it up in the meantime.
You can reserve your name for 30 days by filing a Name Reservation Request form. The form even allows you to list your top three preferences for a name in case one turns out not to be available. Unfortunately, name reservations cannot be renewed after 30 days, so you’ll need to file your foreign registration paperwork within that time period.
You can file online using the Georgia Corporations Division eCorp filing tool or print off a PDF version of the Name Reservation Request Form and mail it in. The filing fee is $35.
Are there any naming rules for Georgia businesses?
Georgia state law lays out name availability standards and restricted name rules:
- Name availability standards can allow you to determine if your desired name is too similar to an existing name or not.
- Restricted name rules include words that can only be used by certain types of businesses. For example, you can’t use the word “insurance” in your business name if your LLC isn’t an insurance company.
2. Get a Georgia Registered Agent
To register your foreign LLC in Georgia, you’ll need to have a registered agent who is physically located in the state. This ensures that all legal documents and state notifications from the state of Georgia get delivered to your company.
You’ll need to list your registered agent and registered agent address on your Application for Certificate of Authority for Foreign Limited Liability Company, so make sure to appoint your agent before filling out your paperwork.
Who should I designate as my GA registered agent?
You can choose to have an employee or a lawyer located in Georgia serve as your Georgia registered agent. However, for most companies, the most convenient and cost-effective solution is to use a registered agent service that is already based in Georgia.
That way, you don’t have to worry about losing your registered agent if your employee quits, you don’t have to pay an expensive fee to a lawyer, and you can be sure that all of your legal and state notices will be received and sent to you in a timely manner.
3. Determine your principal business address
You’re not required to list a Georgia address as your principal address on your Application for Certificate of Authority for Foreign Limited Liability Company.
You can list the address of your office in Georgia or your principal office address in your home jurisdiction (state of formation).
However, you may still want to get a Georgia business address if:
- plan to set up an office in GA, but haven’t yet
- want to establish a business presence in Georgia without a physical office
- would like a Georgia mailing address, whether or not you have an office there
- don’t want to use the address of your office in your home jurisdiction
At Virtual Office Georgia, we provide you with two different options for a business address in Georgia.
Get a Professional Business Address In Atlanta
We give you complimentary use of our general business address with Foreign Business Registration or Registered Agent Service. You can use this address as your principal office address, as the address of the person filing your paperwork, and as your manager’s address to keep your home addresses off the public record.
If you want an address that is specific to your business—plus unlimited mail scanning for your Georgia mail and a business phone number with a Georgia area code—order Virtual Office. You’ll get a business address with a unique suite number and a month-to-month lease for address verification if you need it.
A year of Registered Agent Service is included with our Foreign LLC Registration Service.
Or, add Virtual Office Service to Foreign Business Registration Service for only $15 per month.
Add Virtual Office Service to your order at checkout.
4. File your Application for Certificate of Authority
Once you’re prepared with your LLC name, Georgia registered agent, and business address decided, you’re ready to fill out your Application for Certificate of Authority for Foreign Limited Liability Company.
What information do I need to fill out my form?
To fill out your application, you need the following information:
- Name of your LLC or a valid name reservation number (if you reserved a name)
- Name and address of the person filing your application
- A valid email address
- Mailing address of your principal office
- Name and street address of your registered agent
- Name and address of your LLC manager
- A form of payment (pay by credit card online or by check, cashier’s check, or money order by mail)
How much does it cost to file the foreign LLC registration form in Georgia?
The filing fee is $235 ($225 + a $10 service charge). Fees are non-refundable.
How do I file my application for foreign business registration online?
Go to the Georgia Corporations Division eCorp filing system. You can pay by card.
How do I file my application for foreign business registration by mail?
Download Application for Certificate of Authority CD 241, print if off, and fill it out.
Send your completed form along with check or money order to:
Office of the Secretary of State
Corporations Division
2 Martin Luther King Jr. Dr. SE
Suite 313, Floyd West Tower
Atlanta, Georgia 30334
5. Submit your Annual Registration every year
Every year, all companies registered in Georgia are required to file an Annual Registration (the equivalent of an Annual Report). Filing an Annual Registration ensures that all of the information the Georgia Secretary of State’s office has on file for your foreign LLC remains current. Filing your Annual Registration on time is important because there can be negative consequences if you don’t.
Late or missing filings can result in the following penalties:
- $25 late fee if you file within the 60 days following the deadline
- Having your authority to do business in GA revoked by the SOS if you go more than 60 days past the deadline without filing your report
- $500 fine and additional sanctions if your authority to do business in GA is revoked and you continue to operate illegally within the state
We include enrollment in Renewal Service with Foreign Business Registration Service to help your foreign LLC stay in good standing and avoid these penalties.
When is my Georgia Annual Registration due?
Annual registration filings are due by April 1st each year.
How much does it cost to file my Annual Registration?
The filing fee is $60 ($50 + $10 service charge). Fees are non-refundable.
What information do I need to fill out my Annual Registration?
You need the following information to complete your form:
- Name and control number of your Georgia foreign LLC
- Name and street address of your registered agent
- Mailing address for your foreign LLC’s principal office
- A valid email address
- The name and signature of the person filing the Annual Registration
What information can I update on my Annual Registration?
You can update the following information on your Annual Registration:
- Your registered agent name and address
- The mailing address of your foreign LLC’s principal office
How do I file my Annual Registration?
Online: Go to the Georgia Corporations Division eCorp filing portal. You can pay by card.
By Mail: Download and print out your Annual Registration form.
After completing your form, send it plus check or money order to:
Office of the Secretary of State
Corporations Division
2 Martin Luther King Jr. Dr. SE
Suite 313, Floyd West Tower
Atlanta, Georgia 30334
Can I file my Annual Registration early?
You can file anytime between January 1st and April 1st.
Georgia also offers business owners a multi-year filing option, which allows you to file your Annual Registrations for up to three consecutive years at once.
What if I need to make a change after I file my Annual Registration?
If you need to make more updates after filing your annual registration, you can file an Amended Annual Registration form. Filing is available online and by mail, and the filing fee is $30.
How Our Georgia Foreign LLC Registration Service Works
We’ll Get You Ready to Do Business in Georgia
Find out how we support your business from the beginning, and every year after that.
Expand your market into Georgia! We’ll serve as your local resident agent for a year and take care of your registration paperwork.
1
Sign up for service
First, just sign up for service. After you’ve signed up, you’ll receive an email with your registered agent information. You’ll need to provide us with some basic information about your company, and then we’ll file your Application for Certificate of Authority for Foreign Limited Liability Company with the SOS.
2
Start doing business in Georgia
Do what you do best—operate your business.
3
View documents in your portal
We act as your Georgia registered agent for a full year. Whenever legal documents or state notifications are delivered on your behalf, we’ll scan those documents and then upload the scans into your online portal. You’ll be able to view all your documents quickly and easily on your phone or computer from across town or across the world.
4
Get easy Annual Report filing
We include enrollment in Renewal Service as part of our Foreign LLC Registration Service, so that you never have to deal with the negative consequences of missing your annual report filing.
A few months before your annual registration is due, we’ll email to let you know that we’ll be filing on your behalf shortly. Then, we’ll file your report, so you’ll stay in compliance with zero effort.
Renewal Service is $100 plus the state filing fee, charged at filing. If you prefer to file on your own, just cancel inside your online portal.
5
Renew Registered Agent Service
After a year of acting as your Georgia registered agent, we’ll send you an email notification to let you know that time is almost up, so you can renew your service and keep doing business in Georgia.
Frequently Asked Questions
Learn more about foreign LLC registration
How much does it cost to register a foreign LLC in Georgia?
The filing fee for an Application for Certificate of Authority for Foreign Limited Liability Company in Georgia is $235.
Do I need to file an Annual Registration for my foreign LLC?
Every foreign LLC operating in Georgia is required to file an Annual Registration each year. You can file online or by mail. The filing fee is $60.
Late or missing filings can result in penalties, such as a $25 late filing fee or even having your right to do business in Georgia revoked if you go more than 60 days past the deadline without filing.
What is Renewal Service and how does it work?
To protect your foreign LLC from suffering the negative consequences of late or missing Annual Registration filings, we provide enrollment in our Renewal Service with Foreign LLC Registration Service.
Several months before your Annual Registration is due, we’ll send you an email notification to remind you of the filing and let you know that we’ll be filing on your behalf in the next few days. We then file your report, so you stay in compliance without having to even think about it.
Renewal Service is $100 plus the state filing fee, charged at filing. Cancel in your online portal if you prefer to file your own report.
Does my foreign LLC need to pay taxes in Georgia?
Depending on the type of work you do, whether or not your LLC owns property, whether or not you have employees, and other factors, you may be subject to Georgia income tax, property tax, withholding tax, or other types of taxes. Additionally, if you sell tangible goods or services, you will need to collect and pay sales tax in Georgia.
It’s recommended that you consult with a tax professional to find out exactly what your tax responsibility might be in Georgia.
Is foreign business registration required for remote sellers?
Foreign LLC registration is not necessarily required for remote sellers if they do not have a physical presence in the state.
However, marketplace facilitators and remote sellers whose gross revenue in Georgia exceeds $100,000 per year, as well as out-of-state vendors who enter into contracts exceeding $100,000 with Georgia state agencies are required to register with the Georgia Department of Revenue and to report and remit sales tax, even if they have no physical presence in the state and are not registered as a foreign business entity.
If you’re not sure if you need to register your business as a foreign LLC, register with the Department of Revenue to pay taxes, or both, we recommend consulting with a tax professional or business lawyer.
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