What is A Georgia Amendment?
If your Corporation or LLC operates in Georgia, then it is registered with the state. You will have to go through a legal process if you want to make major changes to the items listed on your company’s Articles of Incorporation/Organization. You will have to file the proper paperwork. Doing this is known as an amendment.
Reasons Why You Need To File An Amendment
No matter what your company’s reasons are in making some changes, you will have to know when it is necessary to file an amendment. Generally, companies have to file an amendment if the changes they want to adopt will affect the formal entity structure of the business.
A. Changing The Company Name –
- LLCs
Like in other states, Georgia requires LLCs to inform the state if they decide to change the name of the company. Aside from submitting an amendment, you will also need to update the records of your LLC with the state and government.
- Corporations
Some corporations also end up changing their business names. If this is the case for you, you will have to file an amendment with the state. You will also have to change the name of your company on all legal and official records.
B. Changing Members Of The Business –
- LLCs
The state does not require LLCs to submit a list of members and/or managers. You will not have to file an amendment even if there are some changes to information related to members or managers. They can be updated in the operating agreement of the LLC.
- Corporations
Georgia does not allow corporations to make changes to officers and directors through an amendment. If you wish to change some information related to the officers and directors, you will have to update them on your annual report.
C. Changing Address Related To The Business – Georgia does not allow companies to update their principal office and/or mailing addresses on an amendment. You can only make changes through your annual registration. If the annual registration has already been filed for the year, the company can submit an amended registration to reflect the change.
D. Changing Contact Information –
- LLCs
If you change the contact information of your Georgia LLC, you may have to let the state know. This way, they can easily reach you. However, you cannot update this information using an amendment. Include the update on your annual registration.
- Corporations
The same rule applies to corporations. You cannot change your contact information through an amendment. Report the changes when you submit your annual registration.
E. Changing The Number Of Shares That A Corporation Is Authorized To Issue – LLCs cannot issue stock. This change is only relevant to corporations. You should file an amendment any time you decide to make changes to your stock plan. This way, you will properly inform the state of your plans to change the number of shares that your company is authorized to issue.
What Is Needed To File An Amendment?
LLC
If you want to change the name of your Georgia LLC, you will have to submit a completed Articles of Amendment to Articles of Organization. File this with the Corporations Division of the Secretary of State by mail or in person. You can also draft your amendment if you want. You can make other changes only through the annual registration of your LLC. You can update any information anytime. The filing of an amendment comes with a $20 filing fee.
Corporation
You can use the Articles of Amendment of Articles of Incorporation if you wish to change the name of your corporation in Georgia. Submit it to the Corporations Division of the Secretary of State by mail or in person. Additionally, you will have to publish the amendment for the changing of your company name in a newspaper. Attach a statement of verification to prove the publication.
For changes in the number of authorized sales, you will have to draft your articles. You can update other information on the annual registration, which you can file anytime. You also need to include $20 for the filing fee.
How Can DoMyLLC Assist With Streamlining The Process?
Making changes to a company’s formation documents require proper completion and filing of paperwork. Depending on the changes, you may also have to take care of other documents. To help ease the process, you can turn to a reliable document filing company like DoMyLLC. Our team can provide support and assistance to Georgia business owners who need help in handling formalities to ensure compliance with the state.
Georgia Amendment FAQs
The filing fee for an amendment is $20. Expedited processing costs an additional $100. If the changes require the annual registration, you will have to pay $50.
LLCs have to provide the following information:
- Name of the company
- Control number of the LLC
- The date of organization
- Effective date
- Authorized signature
Corporations have to provide the following:
- Name of the company
- The date of organization
- Exact amendment on the stock plan, if applicable
- Authorized signature
The Secretary of State may take 7-10 business days to process the amendments. However, it may reach up to 12 business days when the workload of the staff is heavy. If you pay for expedited service, the Secretary of State will process your documents within 24 hours.
The Secretary of State will send your company an email that includes a link to the filed document.
Georgia Business Resources
Georgia Office of Secretary of State
Phone Number:
404-656-2817
Address:
Annual Registration Filings
PO Box 23038
Columbus, GA 31902-3038