How to Create a Limited Liability Company “LLC”

Startup Notes
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o Create an Email for your new Business

: To help keep your business structured and organized you should create an email exclusively for your business before forming your LLC.
o Digitally Signing of Documents

: There’s a specific form you must fill out to file your LLC and that form requires a digital signature.
o Know your (NAICS) code: The NAICS code is the standard used by Federal statistical agencies in classifying business establishments for the purpose of collecting, analyzing, and publishing statistical data related to the U.S. business economy.

When creating your business you’ll need to determine, which NAICS code does your business fall under. The website below is a NAICS search database.


naics.com/search/


Five Requirements

Step 1. Name LLC:

The first step is creating a name for your LLC. When naming your business it is a requirement for you to have the acronym “LLC” within the business name. For example my business name is: Emplacement Training Group LLC.

Now that your name has been created you’ll need to see if your business name is available. To check the availability of your business name visit the following website:

ecorp.sos.ga.gov/BusinessSearch


Step 2. Appoint a Registered Agent:

A registered agent is simply a person, individual or entity, which has been appointed to accept services of processes and or official mail on behalf of your business. Registered Agent services are something you can purchase or a duty you can execute yourself.

At the end of the Registered Agent portion, you’ll come to a Filer’s Certification (SIGNATURE) section. In this section you will state the date, this official document will become effective. You can also post date the document if wish to have a later date.

Lastly you’ll be required to sign and provide the Authorizer’s Title. There are a few options to select but there are two, which most likely apply to you. Those are Organizer and Member. The differences between each are as follows:

• Organizer- Select “Organizer” if you are filing LLC for another party.
• Member- Select “Member” if you own and operate the LLC.


Step 3. Articles of Organization:

The Articles of Organization outline the governance on an LLC. These articles typically include the name of the business and the type of legal structure it represents (i.e. Nonprofit, Limited Partnership or Limited Liability Company). In order to file your Articles of Organization with the state of Georgia you will need to fill out the “Articles of Organization” form. To complete the form you will be required to provide a digital signature of some sort on your form. Once completed you will submit the form to Georgia Corporations Division. During the submission process you will be required to pay a processing/filing fee of $100. You can download the Articles of Organization form and submit it from the following website:

ecorp.sos.ga.gov/


Step 4: Operating Agreement

LLCs often draft up operating agreements in addition to Articles of Organization.

An Operating Agreements is a key document used by LLCs because it outlines the business financials and it’s functional decision process that include regulatory guidance and provisions.

The Operating Agreement is something you create on your own. If you’re having a hard time creating one you can use a 5-section guide line. Those 5 sections are as follows:


• Section 1 Organization- Outlines when and where the company was created
• Section 2 Management & Voting- How does management conduct business and what is the process to vote in or out new management.
• Section 3 Capital Contributions- is an amount of money or assets given to a business or partnership by one of the owners or partners.
• Section 4 Distributions- explains the way profits are distributed among the members of the organization.
• Section 5 Dissolution- is the method or process of formally terminating a company's existence. It can be either voluntary or involuntary.



Step 5: Obtain an Employer Identification Number

An (EIN), also known as a Federal Tax Identification Number, is used to identify a business entity. In order to obtain an EIN you can file it for free at the website below:

sa.www4.irs.gov/modiein/individual/index.jsp


Once you get on the web page you will select your entity type: Limited Liability Company. Once selected, you will reach an Application Information page with some administrative data to fill out, which pertains to your business. Fill out the information, submit the application, and you should receive an assigned EIN within minutes in the form of a PDF. You’ll be able to save and print the PDF for your personal records.

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That’s It!
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