In the United States, just because you are registered to do business in one state does not mean that you can legally do business in another state.  If you want to transact any serious business in a state other than the state in which your LLC is registered, most likely you will have to register with the state in which you want to do business before you can legally conduct business there. 

For example, a LLC that is registered in California wants to do business in Georgia.  The California LLC is a "Domestic" LLC in California and will be a "Foreign" LLC in Georgia.

The California LLC needs to register with the Georgia Secretary of State as a Georgia Foreign LLC.

The use of the term Foreign in this case refers specifically to individual US states.  The US government, including the IRS, considers a Foreign company to be a company that is registered outside of the United States.

You want to do business in the state of Georgia but are registered as a LLC in another state.  In order to legally conduct business in the state of Georgia you must register with the Georgia Secretary of State as a Foreign LLC.  The process of registering as a Foreign LLC in Georgia is called Georgia LLC Foreign Qualification.

The process of Georgia LLC Foreign Qualification is similar to the process of forming a Domestic LLC in Georgia.  Your original home LLC formation documents (frequently called Articles of Organization) and By Laws apply to your Georgia Foreign LLC.  The Officers and Directors of your home LLC will have the same roles in the Georgia Foreign LLC.  Specific requirements to qualify as a Foreign LLC in Georgia are explained below. 

Once you have made the decision to Qualify as a Foreign LLC in Georgia, a Georgia lawyer can file your documents and act as a middle man for a few hundred dollars an hour; or you can use an online service provider like All Business Documents to perform these services.

The short answer is no.  The state of Georgia does not legally require a lawyer to form a Georgia Foreign LLC.

Our detailed Foreign Qualification page may help you understand some of the implications of forming a Georgia Foreign LLC.  However, if there is anything about forming a Foreign LLC in Georgia that you're not sure about you should seek the advice of a competent Georgia lawyer, a Georgia accountant, or both before you form a Foreign LLC in Georgia.

Once you have made the decision to form a Foreign LLC in Georgia, a Georgia lawyer can file your documents and act as a middle man for a few hundred dollars an hour; or you can use an online service provider like All Business Documents to perform these services and save money that you can use in your new Georgia Foreign LLC.

You are not legally required to reserve a Company Name for a new Georgia LLC Corporation before you submit your application to Form a Foreign LLC in Georgia.

The LLC name that you have registered in your home state may or may not be available in Georgia.  In that case you need a different name your Georgia Foreign LLC.  Whether or not you need to reserve a company name for your new Georgia Foreign LLC depends entirely on your business situation.  The Georgia Secretary of State uses LLC names on a first come first served basis.  So if you think that someone may snatch the Company Name that you have in mind, you may want to reserve that Georgia Foreign LLC Name.

If the Name you have chosen for your new Georgia Foreign LLC is already in use by a currently active Georgia Corporation or LLC then you will have to register a DBA Name with the county recorder in each Georgia county in which you want to do business. "DBA" is an abbreviation for "Doing Business As."

We verify that the Name you have chose for your new Georgia Foreign LLC is available before we submit your Foreign LLC filing to the Georgia Secretary of State.  If necessary we can register a DBA Name in Georgia for you so that you can open your new Georgia business as quickly as possible.

1. Choose a name for your Georgia Foreign LLC
2. File Registration Documents with the Georgia Secretary of State
3. Determine how you want your Georgia Foreign LLC to be taxed

1. Choose a name for your Georgia Foreign LLC
   
   You can use the same name in Georgia that you use in your home state, however, if the name of your Domestic LLC is not available you need to choose another name.  Your Georgia Foreign LLC name can identify the type of products and services your business will provide; or it may be the name of the founder; or it can be a combination of the two or something else.
   
   In any case, the Georgia Foreign LLC name that you choose must be distinguishable from the name of any other registered Georgia LLC or other business entity and the name must also be different from any reserved names on record with the state of Georgia.  Your Georgia Foreign LLC name must not imply that it was formed for a purpose other than that stated in the Articles of Organization for your Domestic LLC and your Georgia Foreign LLC name must not be a name that is likely to mislead the public.
   
   The name of a Georgia Foreign LLC must include the word "Limited Liability Company" or or the abbreviation "LLC" or "L.L.C.".
   
   It's important to choose a good name for your Georgia Foreign LLC because if you want to change it after you qualify you will have to file amended documents with the Georgia Secretary of State (and pay a fee).
   We will check to make sure that your requested Georgia Foreign LLC name is available and conforms to all state of Georgia Limited Liability Company naming regulations.
2. File Registration Documents with the Georgia Secretary of State
   
   In order to Qualify as a Foreign LLC in Georgia you must file Registration Documents with the Georgia Secretary of State.  In Georgia the registration documents are named "Application for Certificate of Authority for Foreign Limited Liability Company".
   
   The registration documents must include certain specific information about your Georgia business.  If the LLC Registration Documents do not conform exactly to state of Georgia Foreign LLC requirements they will be rejected. 
   
   If you need to change any of the information on your registration documents after your Georgia Foreign LLC has been approved, you may amend the registration documents for your Georgia Foreign LLC but you will have to pay a fee to the state of Georgia in order to make the changes official.
   
   
3. Determine how you want your Georgia Foreign LLC to be taxed
   
   The Georgia Corporate Income Tax Rate is 6%.  You may choose that your Georgia Foreign LLC is to be taxed as a C Corporation or S Corporation. 
   
   A C Corporation is what you may think of as a traditional Corporation like General Electric or Ford.  C Corporations pay a Corporate income tax to the state if that state taxes Corporations. 
   
   You may choose to have your Georgia Foreign LLC taxed as a S Corporation.  S Corporations "pass through" all corporate profits to the shareholders (owners) who then pay tax at their applicable personal rate.  S Corporations do not pay any Georgia Corporate Income Tax.
   
   Certain Georgia Corporations must also pay a Net Worth Tax  This tax is based on the net worth of the Georgia Corporation and is levied in exchange for the privilege of doing business or exercising a corporate franchise in Georgia.  The minimum Georgia Net Worth Tax is $10 for a net worth less than $10,001.  The maximum is $5,000 for a net worth in excess of $22 million.
   
   If you form a Single Member Georgia Foreign LLC and do not specify to the IRS how you want to be taxed your Single Member Georgia Foreign LLC will be taxed as a Sole Proprietorship.  If you form a Multiple Member Georgia Foreign LLC and do not specify to the IRS how you want to be taxed your Multiple Member Georgia Foreign LLC will be taxed as a Partnership.
   
   Click here for more Georgia Corporate Tax Information .
   If you choose to be taxed as an S Corporation, we can prepare the S Corporation election form for your Georgia Foreign LLC and include it with your final Foreign LLC documents.

1. Obtain Business Licenses from the cities and counties in which you plan to do business
2. File the required reports for your Georgia Foreign LLC
3. Keep proper records of your Georgia Foreign LLC on file
4. Pay your taxes to the state of Georgia

1. Obtain Business Licenses from the cities and counties in which you plan to do business
   
   Note that forming a Georgia Foreign LLC doesn't take the place of obtaining a local business license, tax registration certificate, or other required business permits.  A Georgia Foreign LLC merely creates an ownership structure that limits the owners' personal liability.  You may still need to take care of getting set up to do business with your local government.
   
   Depending on the nature of the business and the location of your Georgia Foreign LLC within Georgia you may need to get one or more local business licenses or permits.  The business licenses or permits that are required for your Georgia Foreign LLC vary depending on your business activities and the specific locations within the state of Georgia in which you want to conduct business.
   
   If your Georgia Foreign LLC will be selling products in Georgia you may be required to obtain a Reseller's Permit from the appropriate Georgia state agency.  If your Georgia Foreign LLC will be selling products in Georgia you will also be responsible for all applicable local and state of Georgia sales taxes if there are any.
   We have the expertise to find out exactly which state and local permits that you need for your specific business.
2. File the required reports for your Georgia Foreign LLC
   
   The Georgia Annual Registration includes basic information about your Georgia Foreign LLC including information on your business location as well as the names of the Officers and Directors.
   
   Failure to submit a properly completed Georgia Annual Registration to the Georgia Secretary of State on or before the due date may subject the Georgia Foreign LLC to being administratively dissolved in the state of Georgia or having its authority to transact business in the state of Georgia revoked by the Georgia Secretary of State.
   
   Penalties may accrue if you fail to file any Georgia Foreign LLC Annual Registration to the Georgia Secretary of State by the due date.
   
   
3. Keep proper records of your Georgia Foreign LLC on file
   
   Keep the following records on file and available at the principal business office of your Georgia Foreign LLC:
   • Names and addresses of all Members and Managers of the Georgia Foreign LLC
   • Foreign LLC formation documents and any Amendments to them
   • Georgia Foreign LLC Operating Agreement and any Amendments to them
   • Copies of any LLC Resolutions which have been adopted by the Georgia Foreign LLC
   • Copies of all tax returns and Annual Reports for the Georgia Foreign LLC for the last 3 years
   
   
4. Pay your taxes to the state of Georgia
   
   Foreign LLCs that either do business in the state of Georgia or that derive income from sources within the state of Georgia are subject to Georgia and federal tax laws.  If you are engaged in intrastate business and derive income from other states besides Georgia, you must allocate the amount of income derived from the state of Georgia in order to determine your Georgia state taxes.

In order to Form a Foreign LLC in Georgia you'll need the following information about your LLC:

• The name of your new Georgia Foreign LLC along with your second choice of a name in case the name that you want is not available
• Physical address of the Foreign LLC office in Georgia (not a PO Box)
• A description of the nature of the business you are planning to operate with the Georgia Foreign LLC
• When the Georgia Foreign LLC will start and when it will cease to exist (normally the Foreign LLC starts on the date the application is filed and will exist perpetually)

Remember - ALL the information that you provide when you Form a Foreign LLC in Georgia becomes part of the public record.  Our data entry forms include the absolute minimum amount of information that is required in order to Form a new Foreign LLC in Georgia.

Processing times for new Georgia Foreign LLC applications vary depending on the work load of the Secretary of State's staff.  We've found that normal processing of new Georgia Foreign LLC applications takes the state around 15 business days.  Add 2-3 days for the time period for shipping the final documents by mail.  Choosing our Express Mail option can shave a couple of days off the total processing time for your new Georgia Foreign LLC.

The Georgia Secretary of State reserves the right to extend expedite periods in time of extreme volume, staff shortage or equipment malfunction.  We are dependent on, and have no control over, the staff and systems of the Georgia Secretary of State.

In our experience 15 business days is the time it usually takes the Georgia Secretary of State to process a new Georgia Foreign LLC application. We get your Georgia Foreign LLC application to the GA Secretary of State ASAP. Once it is at the state we have no control over the new Georgia Foreign LLC application process.

The state of Georgia charges $235.00 to Form a Foreign LLC in GA.  If you choose All Business Documents to help you Form your Foreign LLC in Georgia our processing fees are $145.00.  This includes:

• Same day processing in of your new Georgia Foreign LLC order
• GA Name Check and Reservation
• Prepare Application for Certificate of Authority for Foreign Limited Liability Company
• File Formation Documents with the Georgia Secretary of State
• Certified Copies of Formation Documents
• Georgia Foreign LLC Checklist
• Priority Mail Delivery
• Unlimited Customer Support