Georgia requires all new business owners who are starting an LLC in Georgia to assign a registered agent at the same time. A registered agent receives written and legal correspondence on behalf of the business. Understanding the role of a registered agent and how to assign one is critical to ensuring you complete all steps of your business formation correctly.
What is a Georgia registered agent?
You must name a registered agent when starting a business in Georgia, and the requirement is the same in all other states as well. Registered agents also go by the titles resident agent, agent of process, or statutory agent. Any business registering as an LLC, limited liability partnership (LLP), or corporation must name a registered agent.
The primary purpose of a Georgia registered agent is to receive mail as a representative of your business. This person’s role is especially important should you be subject to a lawsuit because he or she signs to receive these legal documents.
What is the purpose of a registered agent in Georgia?
The person named as your company’s registered agent receives the following types of written correspondence:
- Legal documents
- Official government documents, such as the Annual Report for your business
- Service of process
- Tax forms
What requirements must registered agents meet?
Georgia requires the person you name as a registered agent to meet each of the following criteria:
- Be a Georgia-resident individual, a Georgia corporation or LLC, or a foreign corporation or LLC authorized to do business in Georgia
- Have a street address in Georgia (not a post office box) where service of process can be delivered in person
In practice, someone should be at that address during normal business hours so documents can be accepted when they arrive.
Can I be my own registered agent in Georgia?
Yes, state law permits business owners to name themselves as a registered agent. This is not always an ideal solution, especially if you feel concerned about safeguarding your privacy. All registered agents in the state must agree to have their name and address become a matter of public record.
Due to privacy concerns, it is common for business owners to select their attorney as the company’s registered agent or work with a registered agent service. Both options ensure you receive all necessary legal documents without exposing your name and personal address to the public.
How to appoint a registered agent
The first thing you need to do is have the person you chose as a registered agent sign a document indicating that he or she consents to this appointment. Appointing the registered agent is being done when filing the articles of organization. As part of your Georgia LLC cost, you will need to pay a $110 filing fee ($100 + $10 service charge). If you file online, you can pay using a major credit card.
If you file by mail instead, send your completed form along with Transmittal form CD 231 and a check or money order to the following address:
Office of Secretary of State
Corporations Division
2 Martin Luther King, Jr. Dr. SE
Suite 313 West Tower
Atlanta, GA 30334
Online filings are usually processed in 5–7 business days (up to 10 when the office is busy), and paper filings within 15 business days. You have the option to pay for expedited processing on top of the filing fee: $120 for 2 business days, $275 for same-day, or $1,200 for 1 hour.
How do I change my registered agent?
Make sure you have all required information available, such as the name and physical address of the person you intend to appoint as your company’s new registered agent. One option you have to change who receives legal correspondence on behalf of your company is to update this information when you file your GA annual report.
If you need to change your registered agent and have already filed your annual report, you should complete the amended annual registration form instead. Annual registration filing costs $60, while filing an amended annual registration costs $30.
You can complete either form online at the Georgia Secretary of State’s website. Should you choose to mail the form, use the same address indicated above for the Office of the Secretary of State Corporations Division.
Benefits of using a Georgia registered agent service
Rather than taking on the responsibility yourself or assigning it to an employee, you might consider using a registered agent service in Georgia instead. Registered agent services typically cost $50–$300 per year. This option provides you with several important benefits.
Peace of mind
You can relax knowing that an experienced company is handling your legal correspondence and have more time to operate your new company at the same time. Someone else receives and logs tax forms, legal notices, and other vital communications. You do not have to take the time to do the documenting yourself.
Privacy
Working at home and operating as your own registered agent means that you have to publish your full legal name and street address in multiple publications. Working through an organization that provides a registered agent service eliminates these privacy concerns. In the event your business receives a lawsuit, you do not need to concern yourself with a process server delivering a summons in front of customers, employees, or your family.
Compliance with Georgia state law
Understanding and complying with state laws regarding legal documents can be time-consuming and complicated. A registered agent ensures that you stay up-to-date, while also helping you avoid penalties like a late filing fee. Should you lose documents due to theft or a natural disaster, the registered agent service will always have a backup copy.
Flexibility
Maintaining regular business hours can be challenging if you travel frequently, whether for business or personal reasons. Assigning this duty to a registered agent service helps you retain maximum flexibility. Working with a national registered agent service can be especially beneficial if you conduct business in multiple states, since it allows you to bypass assigning an individual agent in each state.
Reduces paperwork
Receiving and responding to official mail creates much more paperwork, which can quickly become overwhelming when you have so many other duties to complete. Not only can a registered agent service help you stay on top of business mail, but it can also file an annual report on your company’s behalf. Here are just a handful of examples of annual report services that registered agent services provide:
- Ensure all information in your company’s annual report is accurate before filing
- Update all relevant information on state forms
Conclusion
Assigning a registered agent is not a requirement that you can get around in Georgia or any other state. While you can legally act as your own registered agent, outsourcing to a registered agent service can save you considerable time, money, and potential aggravation.
FAQ
Yes. All LLCs in Georgia must appoint a registered agent when filing Articles of Organization.
A Georgia-resident individual with a street address in Georgia, a Georgia business entity, or an authorized foreign entity, including a professional registered agent service. In practice, someone should be at the registered office during business hours to accept documents.
Yes, you can serve as your own agent. However, your name and address become public, and you should be available at that address during business hours to accept documents.
You list your chosen registered agent on your Articles of Organization when forming your LLC, with their consent.
Yes. You can update your registered agent when filing your annual registration ($60) or by filing an amended annual registration ($30).