Georgia requires all new business owners who register as 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.
You must name a Georgia registered agent when starting a business here, 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 statuary 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.
The person named as your company’s registered agent receives the following types of written correspondence:
Georgia requires the person you name as a registered agent to meet each of the following criteria:
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.
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, which you can download at this link. You should follow the prompts and pay the $100 fee online using a major credit card.
You should send your completed form along with 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 30304
Regardless of how you file the form, you should receive an official response within 15 business days. You have the option to pay for expedited processing for an additional fee.
Georgia’s Secretary of State will send a denial notice if the person you chose did not meet state requirements.
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 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 report filing costs $50, while filing an amended report costs $20.
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.
Rather than taking on the responsibility yourself or assigning it to an employee, you might consider using a registered agent service in Georgia instead. This option provides you with several important benefits.
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.
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.
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.
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.
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:
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.
This portion of our website is for informational purposes only. Tailor Brands is not a law firm, and none of the information on this website constitutes or is intended to convey legal advice. All statements, opinions, recommendations, and conclusions are solely the expression of the author and provided on an as-is basis. Accordingly, Tailor Brands is not responsible for the information and/or its accuracy or completeness.
Shai Shmarel started his life as a corporate lawyer before switching to being an SEO and Content Manager at Tailor Brands. He has experience in managing companies, rankings SERPs and covering a content-driven approach for all things legal, business and marketing. When off work, you’ll usually find him chilling with a cup of coffee and a book in the desert.
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