Business Planning Services

LLC Formation Attorney in Atlanta, Georgia

An LLC separates your personal assets from your business liabilities. If your business is sued or fails, your home, savings, and personal accounts are protected.

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What Is an LLC in Georgia

A limited liability company (LLC) is a legal structure that creates a separate entity for your business. That separation protects your personal assets from business liabilities — lawsuits, debts, and obligations of the business cannot reach your home, savings, or personal accounts when the LLC is properly formed and operated.

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If you operate a business as a sole proprietor, your personal assets and your business assets are legally the same. A lawsuit against your business is a lawsuit against you personally. A business debt is your personal debt. A judgment against your business can be satisfied with your home, your savings, and your personal accounts.

This is not a theoretical risk. Business disputes, professional liability claims, slip-and-fall accidents, and contract disagreements happen in every industry. If your business cannot pay a judgment, creditors can come after you personally.

An LLC creates a legal wall between your business and your personal assets. When the LLC is properly formed and maintained, a creditor who wins a judgment against the business can only reach business assets — not your personal savings, your home, or your personal bank accounts.

The protection is not absolute. Courts can pierce the corporate veil — reach through the LLC to personal assets — when the owner has commingled personal and business funds, failed to follow proper formalities, or used the LLC as a personal piggy bank. Formation is only the first step. Proper operation is what maintains the protection.

1M+ LLCs registered in Georgia
$100 Georgia annual registration fee

What We Do for You

Articles of Organization

Melissa Breyer prepares and files your Articles of Organization with the Georgia Secretary of State. This is the document that officially creates your LLC as a legal entity in Georgia. It includes your LLC’s name, registered agent, and principal office address.

Operating Agreement

An operating agreement is the internal governing document for your LLC. It defines ownership percentages, management structure, decision-making authority, profit and loss allocation, and what happens when a member wants to leave or a member dies.

Georgia does not require LLCs to have an operating agreement, but operating without one creates significant problems. Without it, Georgia’s default LLC rules apply — they may not reflect how you intended the business to work. Banks often require an operating agreement to open a business account. Courts look at operating agreements to understand the LLC’s structure when disputes arise.

Registered Agent

Georgia requires every LLC to maintain a registered agent — a person or company with a Georgia address authorized to receive legal documents on behalf of the LLC. We help you designate the appropriate registered agent for your situation.

EIN Application

Your LLC needs an Employer Identification Number (EIN) from the IRS for tax purposes, to open a business bank account, and to hire employees. We assist with the EIN application as part of the formation process.

Single-Member vs. Multi-Member LLCs

A single-member LLC has one owner. For federal tax purposes, it is treated as a disregarded entity — the business income flows through to your personal tax return. A multi-member LLC has two or more owners and is treated as a partnership for federal tax purposes by default, though members can elect corporate taxation.

The tax treatment of your LLC affects your filing obligations and your self-employment tax exposure. Melissa Breyer coordinates with your CPA on tax structure before formation to make sure the entity structure fits your situation.

LLC and Estate Planning

Your LLC interest is an asset that needs to be addressed in your estate plan. If you die or become incapacitated without a plan for your LLC interest, the operating agreement — or Georgia default rules — determines what happens. Melissa Breyer integrates LLC planning with your trust and power of attorney so your business has a clear succession path.

Without a Trust

  • Personal assets exposed to business lawsuits
  • Business debt is your personal debt
  • No formal structure for ownership or decision-making
  • No succession plan if you die or become incapacitated
  • Banks may not open a business account without proper formation

With a Trust

  • Personal assets shielded from business liability when LLC is properly maintained
  • Business debts cannot reach your home or personal savings
  • Operating agreement defines ownership and governance
  • Clear succession path integrated with your estate plan
  • Proper EIN and structure for banking and operations

How It Works

1

Schedule Your Free Call

Book your 60-minute free strategy call with Melissa. Credited toward your estate plan.

2

Meet With Melissa

Melissa reviews your assets, your family situation, and your exposure. Virtual or in-person.

3

Get Your Plan

Receive a written plan with clear recommendations for protecting your family and your assets.

4

Move Forward

No pressure, no commitment required. Move forward when you are ready.

Melissa Breyer

Georgia Estate Planning Attorney

Frequently Asked Questions

Georgia allows you to file Articles of Organization yourself through the Secretary of State's online portal. But formation is only one step. An attorney drafts your operating agreement, advises on management structure, coordinates tax treatment with your CPA, and integrates the LLC into your estate plan. An LLC formed without an operating agreement or without addressing the tax structure can create problems that cost far more to fix than the formation cost.
When an LLC is properly formed and operated, it creates a legal separation between you and the business. A creditor who wins a judgment against the LLC can only reach LLC assets — not your personal savings, home, or personal bank accounts. To maintain this protection, you must keep business and personal finances completely separate, maintain the operating agreement, and follow proper LLC formalities.
Both create limited liability protection. LLCs are simpler to operate — fewer formalities, more flexible ownership structure, and pass-through taxation by default. Corporations have a more formal structure (board of directors, shareholder meetings, bylaws) and issue stock. For most small business owners and professionals in Georgia, an LLC provides the protection they need with less administrative burden than a corporation.
Georgia does not legally require an operating agreement, but operating without one is a serious mistake. Without it, Georgia's default LLC statutes govern your business — and those defaults may not match your intentions. Banks often require an operating agreement to open a business account. If members disagree or a member dies, courts use the operating agreement to resolve disputes. Every LLC should have one.
What happens to your LLC interest at death depends on your operating agreement and your estate plan. If your operating agreement restricts membership transfers and your trust is not a named member, your LLC interest could be frozen or trigger a forced buyout. Melissa Breyer reviews LLC operating agreements as part of every trust plan to make sure your business has a clear succession path.

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