Summary
The fact that you may need to register with state agencies like Georgia Secretary of State is a sneaky misconception that many folks miss.
However, with the rise of remote work, states have begun cracking down and levying penalties for those who (unknowingly) fail to register.
If you're considering operating in Georgia, use this guide to:
- Explore the that triggers the need to register with the Georgia Secretary of State, including criteria such as physical presence, economic activity, and advertising efforts.
- Determine where and how to register with the Georgia Secretary of State.
- Understand additional requirements such as Registered Agents, registration with other state departments, and ongoing annual reports.
What criteria would trigger the requirement to register with the Georgia Secretary of State?
What's considered "doing business" in Georgia: Georgia considers a business to be "doing business" in the state if it has a degree of regular and ongoing business activity. This includes:
- Physical Presence: Maintaining offices, stores, warehouses, or other locations within Georgia.
- Employees in Georgia: For LLC, LP, and non-profit, hiring employees who live and work in the state is considered doing business. For C-Corp, in-state employees are only considered doing business if they are performing sales, are liable for use tax in the state, or if they are an executive.
- Engaging in Transactions: Regularly conducting sales, providing services, or having other business dealings in Georgia.
- Deriving Income from Georgia: Generating significant revenue from customers or clients within Georgia.
What's NOT considered "doing business" in Georgia: Importantly, there are activities Georgia does NOT consider "doing business":
- Isolated Transactions: Occasionally selling goods or services in the state without a consistent pattern
- Interstate Commerce: Engaging in business that crosses state lines (this generally falls under federal regulation)
- Owning Property: Simply owning real estate or investments in Georgia.
- Attending Lawsuits: Defending or bringing legal action in Georgia courts.
- Acting as a Trustee, Executor, etc.: Performing fiduciary roles when permitted by Georgia law.
Where do I register, and what else is required?
- A Certificate of Good Standing is required
In addition:
A Registered Agent is required to serve as the company's physical in-state presence to receive important legal documents. Do not fall victim to the common misconception that you can leverage an in-state employee as your Registered Agent. It's far too risky.
You'll want to review the other registrations required in Georgia. Here's a Georgia specific guide we put together.
What is the registration fee?
The fee charged by Georgia is $250 (if registration is needed).
How long does Georgia usually take to process?
Georgia usually takes approximately 1 - 2 weeks to process registrations.
What is required ongoing?
Each state has a complex schedule of required annual reports, which can vary by entity type. Let's take a look at Georgia's:
C-Corporation
- Filing Date: April 1
- Filing Frequency: Annual
LLC
- Filing Date: April 1
- Filing Frequency: Annual
Non-Profit
- Filing Date: April 1
- Filing Frequency: Annual
There is an Easier Way
Automate registration and annual report tracking in AbstractOps.This guide should definitely help reduce some of the confusion for Georgia. However, if you have multiple states to worry about, you may look to:
Automate state registrations and annual reports
Centralize email, snail mail, state ID’s, and registered agents, and
Take control of action items, eliminating risks before they become penalties.
Start the AbstractOps product demo to see how easy this can be.
Note: For the avoidance of doubt, nothing provided here shall contemplate, constitute or include tax or legal advice. Always double check with state agency websites for the most up-to-date requirements.
