Georgia Registered Agent
A registered agent is an important requirement for corporations and several other business types in Georgia. They perform various official functions like receiving business mail, government notices, summons, and other official documents on behalf of the company they represent. A business’s registered agent can be the owner of the business, a third-party individual, or a company with a physical office address in the state of Georgia.
Is a Registered Agent Required in Georgia
Yes. For all corporations registered with the Georgia Secretary of State (SOS), a registered agent is a legal requirement. The SOS rejects incorporation filings from businesses that do not appoint and list a registered agent in their registration documents. Furthermore, businesses must notify the office of the SOS about their appointment of a registered agent.
A registered agent who is listed by a company as its agent without their consent or authorization may obtain and fill in a form provided by the Division and file a Notice of Unauthorized Appointment of Registered Agent. Filing a Notice of Unauthorized Appointment of Registered Agent requires no fee payment.
In some cases where a company fails to appoint a registered agent or the registered agent is unavailable at its registered office, the Georgia SOS may act as an agent and can receive a demand, process, or notice on behalf of the company.
What Is a Registered Agent in Georgia?
A Georgia registered agent is a party appointed by a Limited Liability Company (LLC) or corporation who, on behalf of the company, receives legal documents (service of process) and government notices. In Georgia, a business owner or partner can act as the registered agent of their own company. A registered agent can be a business’s law attorney or a separate company.
Registered agents are one of the basic requirements for businesses in Georgia. Registered agents are also authorized to receive lawsuits, demands, official notifications, annual reports, governmental forms, and tax documents on behalf of clients. If the business owner functions as the registered agent (typical of small businesses), they can handle all the correspondence by themselves.
A prerequisite to function as a registered agent in the state is that the entity owns a physical registered office where they can receive mail in person and to ensure that they handle all correspondence effectively.
What Does a Registered Agent Do in Georgia?
A registered agent is a person who stands in on behalf of a business owner to receive official documents from the government, courts, solicitors, individuals, and others. Functions performed by registered agents in different states defer and are determined by the office of the Secretary of State. Most importantly, a registered agent is required to always be physically available at a publicly disclosed address on working hours.
A registered agent receives legal and government documents and channels them to the appropriate personnel within the corporation they are working for. Such documents include service of process (if the company is involved in a lawsuit), franchise tax notifications, deadline notices for report filings, and more.
LLC Registered Agent in Georgia
All LLCs, during formation, are required to register their business with the office of the Georgia Secretary of State. It is compulsory to provide the name of the registered agent working with the business, without which the filing will be rejected. The registered agent receives legal, tax and government correspondence and addresses such to the business owner or the appropriate office within the LLC on time.
LLCs receive notices and legal documents that are typically time-sensitive. Legal summons and tax notices are examples of such documents. A registered agent’s primary duty is to handle such correspondence and it is quite unlikely for them to miss such important information. With a reliable registered agent in position, LLC owners get to receive important notices in time and provide prompt responses.
The office of the Georgia Secretary of State also sends reports, delinquency notices, and other government documents to the LLC through its registered agent. However, the sole duty of a registered agent is to receive service of process. Generally, documents that must go through a registered agent include:
- Legal notices
- Litigation documents (examples include requests and motions)
- Notice of garnishment proceedings against an employee
- Other action-based notice
Do I Need a Registered Agent for My LLC in Georgia?
Yes. All LLCs registered in Georgia are required to have a registered agent who is always available to receive processes, tax updates, and government notices. Moreover, while filing an LLC formation paperwork with the SOS’s office, businesses are required to provide the names, office address, and contact details of a registered agent. Otherwise, such filings are rejected. But to minimize cost, an LLC owner can act as their own registered agent or designate the role to an employee.
Registered Agent of a Corporation
Just like an LCC or any other business, a registered agent is required in a corporation to perform similar functions. Also, a registered agent is a compulsory legal requirement when registering a corporation with the office of the SOS.
When filing corporation formation documents with the Secretary of State, a business must provide the name of their registered agent. For corporations that have branches in other states outside of Georgia, they must have registered agents resident in the states where their offices are located.
Who Can Be a Registered Agent in Georgia?
In Georgia, a registered agent can be the owner of a corporation, an attorney, or another company. Registered agents in Georgia must be registered with the office of the Secretary of State. Per Georgia legal statutes (§ 14-2-501 and § 14-11-209), a registered agent in the state must have a physical office address in Georgia where all correspondence must be directed (a PO box is not allowed).
Legal Requirements of a Registered Agent in Georgia
A registered agent can be an individual who is resident within the state or a corporation (may be a domestic or foreign company). To become a registered agent, a person or company has to submit their name and physical address to the office of the SOS. They must also be available to receive legal and governmental documents and forms during official business hours.
To function as a registered agent in Georgia, a person must be above 18 years old. Before a corporation or business can list an entity as its registered agent, it must first obtain approval from the agent’s office (registered office).
How To Choose a Registered Agent in Georgia
A registered agent can be a business owner, an employee, a commercial individual agent, or a company, and a business owner can hire anyone provided they meet the state’s requirement. It is important, however, that a business owner weighs their options and the structure of their business and chooses a correspondingly suitable agent.
In the starting stages of a business, it is uncertain how the business will turn out and the availability of the business owner at a fixed location on a regular basis. So, it is best that they hire an agent to help handle correspondence and notify them on time because they’ll likely make a series of travels to meet up with business appointments and other engagements.
Where a business owner misses a legal or government document such as a process or time-bound notice, they risk facing consequences such as a fine or an unfavorable court judgment. A registered agent helps to ensure that all correspondences are handled and promptly responded to. To ensure that operations run smoothly, business owners should look out for registered agents that meet the following criteria:
- They satisfy the state’s requirement to function as an agent
- The service provider has nationwide operation and offices in different states for the sake of compliance expertise.
- Their service fee is affordable (this is important for businesses with a not-so-robust financial resources)
- They must be readily available at their registered office to ensure that they do not miss any time-sensitive information
- They are resident within Georgia
- They are knowledgeable about the state’s business laws and the structure of the business they’re representing.
While individual registered agent services are quite popular, companies that offer registered agent services may provide better services. Some advantages of hiring registered agent services include the following:
- Businesses that operate in states other than Georgia do not have to worry about having a registered agent in each of those states. A registered agent service will provide agents in the states.
- A registered agent service provides businesses with web-based accounts and software where they can manage all their important documents.
- With the hands of a business agent service in place, business owners do not necessarily have to always be available as the registered agent must be in position to handle all correspondence during working hours.
- Businesses that do not have a physical address in Georgia can use the office address of their registered agent instead.
- A registered agent service provider also provides businesses with an increased level of privacy especially for business owners who run their business at their homes. It also keeps the business’s address shielded in case of lawsuits.
- When a business changes its location, they do not need to notify the office of the secretary of state and pay the required fee. This is because the office of the SOS has no direct operation with the business itself, but with its registered agent.
How Much Does a Registered Agent Service Cost in Georgia
Hiring the services of a registered agent in Georgia typically costs around $50 to $300 per year. The price varies with different agents and whether the business owner will require additional services from the agent.
Some additional services registered agent service providers offer are document mail scanning, forwarding, and compliance monitoring and they provide these services for an additional fee. It is important to properly analyze and compare different registered agent service providers to find one that meets the company’s needs and fits within its budget.
If the business owner functions as its own agent or designates the role to an employee, relative, or attorney, they may do so at little to no cost. However, this is not advisable because the role of a registered agent is usually more demanding than it appears and is worth the cost of hiring a professional.
Can I Be My Own Registered Agent in Georgia?
Yes. A person can act as a registered agent in their own company provided they meet the State’s requirement for functioning as an agent in Georgia. Also, the person must be physically available at the address they filed with the SOS during regular business hours Mondays through Fridays.
However, business owners who function as their own registered agent must note that their names and office addresses will be treated as public records in the state and will be readily available to anyone on the internet who has access to relevant search tools.
Also, they are limited to conducting businesses within their state of residence and they may miss important business appointments or deliveries. They also risk having an unfavorable judgment passed against them if they miss a service of process or are made to pay a fine for late or inappropriate filing of documents.
On the bright side, however, individuals who choose to function as the registered agent of their own business get to avoid expenses that would have been required to hire a registered agent. They also get to exert direct control over the receiving and management of tax and legal documents.
How To Change a Registered Agent in Georgia
A business may decide to hire the services of a new registered agent or a registered agent may decide to terminate their appointment with a business. Whichever the case may be, a business can change its registered agent at any given time. To do so, it must file an amendment during its annual registration.
In the annual registration form, they have to update details about their registered agent. The annual registration form is mailed to the Corporations Division at the Georgia Secretary of State’s office or submitted on their official website. The steps involved in changing a registered agent in Georgia are as follows:
- Selection of a new registered agent
- Notification of the new agent about the termination of their appointment
- Completion and filing of the Annual Registration at the office of the Secretary of State
Filing an annual registration form in Georgia costs $50 and it is done from the beginning of the year through April 1 of the same year. Payments can be made via credit cards, money orders, or bank checks. Information required on the form will include the names of the former registered agent and that of the new ones.
Businesses that file for a registered agent change online can have the process completed overnight. An in-person filing at the SOS’s office may take up to seven to ten working days. Applicants can have their request processed within 24 hours when they pay an extra fee. Also, when submitting the form, parties must include proof of payment of the filing fee.
Business owners who wish to appear in person at the SOS’s office for the registered agent change can do so at the address below:
Georgia Secretary of State
Corporations Division
2 MLK Jr. Drive Southeast
Suite 315, Floyd West Tower
Atlanta, Georgia 30334
Phone: (404) 656-2817
Fax: (404) 657-2248
What Happens If You Don’t Have a Registered Agent in Georgia?
Foremost, the office of the Secretary of State does not accept incorporation filings from businesses that do not provide the names and office address of their appointed registered agent. Furthermore, the filing office may revoke a business’s right to operate in the state if it finds out that the business operates without a registered agent. Other consequences of not using the services of a registered agent include:
- Caution fees and penalties
- Defaulting LLCs may lose their certificate of good standing
- Personal liabilities
- Closure of business
However, not all businesses in Georgia are required to have a registered agent. Concerned businesses include business corporations (Inc.), limited liability companies (LLC), limited partnerships (LP), and limited liability partnerships (LLP).
Businesses that do not require a registered agent in Georgia are sole proprietorships and general partnerships. While these types of businesses do not require a registered agent, they must have a physical address within the state of Georgia where legal and governmental documents as well as other important papers can be delivered.
How To Become a Registered Agent in Georgia
A party who wishes to become a registered agent in Georgia must meet requirements outlined by the Georgia Secretary of State and also pass through the required registration process. To qualify as a registered agent, the requirements are:
- The individual or company must be resident in Georgia
- Possession of a physical street address in the state
- They can be available during business hours on working days
- Must be able to receive legal documents
- Individuals must be up to 18 years of age
- Must be authorized to do business in Georgia
Once the above requirements are met, a party can proceed with the registration process outlined below:
- Choose a company name for the registered agent business (must not be the same as any other existing business in Georgia).
- File an application to the Georgia Secretary of State via mail or its website. The application typically contains personal information (including the person’s name, contact information, and address) and information about the companies they’ll represent.
- Pay the registration fee. Allowed channels include money orders, checks, credit cards, and mail.
- The office of the SOS reviews applications and notifies applicants if they have been approved.
Georgia Registered Agent Search
The office of Georgia Secretary of State collects registered agent information from businesses during formation and makes such information available via an online database to members of the public who wish to perform a Georgia registered agent search.
How To Find the Registered Agent of a Company in Georgia
In Georgia, companies are required to list their registered agent in its formation documents, such as the Article of Organization or the Article of Incorporation. These documents are filed with the secretary of state, who makes them available for public view.
Persons who wish to find company registered agent details can do so by performing a business search on the website of the Georgia Secretary of State Division of Corporations. Searchers can find businesses by entering the business name or file number in the search tool provided on the website. Interested persons can find the registered agent of a company in Georgia by following the steps below:
- Visit the Georgia Secretary of State’s website.
- Click on the “Search” button and select “Business Search” from the displayed menu.
- Enter the name of the company of interest in the search bar, then click on “Search”.
- Scan through the search results for the specific company name and click on it to view its information.
- Go to the “Registered Agent Information” section.
Apart from registered agent information, searchers may obtain other relevant information about a company when they perform a business search. Persons who can’t find the registered agent of a company may contact the company directly or visit the Corporation’s Division of the SOS’s office for assistance.
Inquirers can reach the Georgia Corporations Division through (404) 656-2817 or by mail at
2 MLK, Jr. Drive
Suite 313, Floyd West Tower
Atlanta, GA 30334.
For in-person inquiries, the office is accessible from 8:00 AM to 5:00 PM and interested persons may visit from Mondays through Fridays. The Corporations Division of the Georgia SOS is located at
Georgia Secretary of State
Corporations Division
2 MLK Jr. Drive, Southeast
Suite 315, Floyd West Tower
Atlanta, Georgia 30334
Is Registered Agent Information Public Record in Georgia?
Yes, registered agent information is public record in Georgia. To assist anyone who wishes to send a business an official document, the office of the Georgia SOS provides the names and physical office addresses of Georgia registered agents. During the formation stages of businesses in Georgia, they are required to file the names and registered offices of their agents with the SOS.
The SOS’s official website provides tools by which interested persons can search for businesses and view records about them that are made publicly available, including details about their registered agents and their registered offices.