When it comes to life, the only constant is change, and businesses are no different. If you own and run a Georgia limited liability company (LLC), state law requires that you update their records whenever you make certain changes to your business. This means amending your Articles of Organization by filing Articles of Amendment. If this seems overwhelming, don’t worry: We’re here to help. Below, we describe the process of filing a Georgia LLC amendment, why you may need to do so, and how we can help.
What are Georgia Articles of Organization?
To form an LLC in Georgia, you must file Articles of Organization with the Georgia Secretary of State, Corporations Division. This document includes the following basic information about the LLC:
- Name of the LLC
- Name and address of the person filing for the LLC
- Current email address
- Mailing address for LLC’s principal office
- Registered agent’s name and address
- Name and address of each LLC organizer
You have the option to include additional provisions in the LLC’s Articles of Organization.
Need to form your LLC first? We can help you create an LLC quickly and simply with our Georgia LLC formation service. We even offer a Georgia registered agent service, where we connect you with a registered agent for your LLC who meets state requirements.
Step 1: Determine if you need to change your Georgia Articles of Organization
There are many reasons why you may need to change your Articles of Organization, such updating the registered agent to someone else or using a different LLC name. Since Articles of Organization are public record, if you make changes, update, or add to them, you must inform the state for contact purposes. Your registered agent’s information must also be current in the event the LLC needs to be served legal papers or receive other important correspondence. Finally, the State of Georgia requires Articles of Organization to be up to date for compliance and auditing purposes.
Failure to keep current Articles of Organization will prevent you from getting a Georgia Certificate of Existence, also known as a Certificate of Good Standing, from the state. This certificate is necessary for a variety of important business activities, such as opening a bank account and applying for a loan. Some companies or individuals may ask for a certificate before entering into a business relationship with your LLC. Ultimately, if you aren’t able to get a Certificate of Existence you may be limiting your LLC’s growth.
Step 2: Identify what to change in your Georgia Articles of Organization
The Secretary of State has some forms available based on what changes you’re making to your LLC. However, for many changes you need to draft your own document.
Articles of Organization may be amended in any way as long as the amendment’s provisions contain only information lawfully allowed to be included in Articles of Organization.
Step 3: Gather information for filing your Georgia amendment
The Secretary of State provides an Articles of Amendment form, but you can draft your own as long as it includes all information required under Georgia law. The Articles of Amendment form is used only to change an LLC’s name. To amend other parts of the Articles of Organization, you must file a separate document with the Secretary of State, Corporations Division, and include the information listed below:
- The name of the LLC
- The date the Articles of Organization were filed
- The amendment to the articles of organization
- The effective date and time of the amendment if later than the date and time the articles of amendment are filed
To change an officer, registered agent, or principal address of the LLC, use the Georgia annual registration, also known as the annual report. If you already filed the annual registration in the current calendar year and wish to make changes, you need to file an amended annual registration. All of this can be done online, and there is a separate filing fee.
Step 4: File your Georgia amendment
Articles of Amendment may be filed online, by mail, or in person with the Georgia Office of Secretary of State, Corporations Division. The filing fee may change from time to time, so check the state’s fee schedule for the most current fee information.
We can make the filing process easier with our Worry-Free Compliance service. Not only will we send you reminders of upcoming filing deadlines, but we will file two yearly amendments with the state.
Georgia Articles of Amendment vs. Restated Articles of Organization
If you want to completely redo your Articles of Organization, you can restate them by filing Restated Articles of Organization. The Secretary of State doesn’t provide a form for restated articles, so you must create your own document and include the LLC’s name, the date of formation, and the provisions you want to restate.
Submit the document to the Secretary of State, Corporations Division either online, in person, or by mail. Check the fee schedule for the latest filing fee.
Georgia Articles of Amendment vs. Articles of Correction
If your LLC’s Articles of Organization contain incorrect information or were defectively executed (for example, an unauthorized person signed the articles), then you can correct the document by filing Articles of Correction. There is no form, so you must prepare your own document and include the following information:
- Describe the document (including the filing date)
- Specify the incorrect information and the reason why it’s incorrect or defective
- Correct the statement or defective execution
The Articles of Correction may be delivered to the Secretary of State by mail, in person, or online.
We can help keep your Georgia LLC compliant
Georgia has different requirements for each change you want to make to your LLC. It’s important to create and file the correct document with the state. Let us help with some of the paperwork. If you only need help filing the Articles of Amendment, we have an amendment filing service just for that. If the deadlines and filing requirements seem to slip through the cracks, we have a service for that, too. When you purchase our Worry-Free Compliance service, we will send you reminders, file up to two yearly amendments, and help you get back on track if you lose good standing with the state. Wherever you are in the process, we have the support you need to grow your business.
Disclaimer: The content on this page is for information purposes only, and does not constitute legal, tax, or accounting advice. If you have specific questions about any of these topics, seek the counsel of a licensed professional.
- Do I need an attorney to amend my Articles of Organization in Georgia?
No, you don’t need an attorney to amend your Articles of Organization in Georgia. However, if you have questions about the effect of a Georgia LLC amendment, you may want to speak with a business lawyer.
- What business changes can be reported in a Georgia LLC Articles of Amendment form?
Georgia’s Articles of Amendment form is only for changing the LLC’s name. However, you may amend your Articles of Organization in any manner permitted by law by preparing your own document.
- Are Georgia LLC Articles of Amendment the same as an annual registration?
No. The annual registration is a legal requirement for all LLCs in Georgia and signifies that the entity is in existence. It’s also a means for changing officer, registered agent, or LLC address information.
- How long does it take to file LLC Articles of Amendment in Georgia?
Processing times vary depending on the Corporations Division’s workload and the time of year. Once the state receives an online filing, they typically process it within seven to ten business days. Paper filings submitted in person or by mail generally take 15 days to process.
- What will I receive from the state of Georgia when the LLC Articles of Amendment are filed?
Once you file your amendment, the Corporations Division will send you a confirmation email. This is why it’s important to include a current and valid email address on the Articles of Amendment form.