Answers
Registered Agent Q&A- What is a Georgia Registered Agent?
- Your Georgia Registered Agent is a person or entity designated by you that consents to receive service of process, legal documents, and legal correspondence that are sent to your business c/o your legally designated agent. When forming a corporation or LLC you will provide the registered agent's information to the secretary of state who will then display that information online for anyone that needs to legally contact your business. The registered agent is the formal addressee in these cases and receives and then delivers those documents to you. The Registered Agent's address is called the Registered Office or Registered Address. "Service of process" refers to the process of delivering legal documents delivered to your business by a process server, sheriff, or marshal. Typically this only occurs when a lawsuit is filed against your company, or a garnishment is filed against one of your employees.
As your Georgia Registered Agent, we are at our metro Atlanta area business address during normal business hours to receive such documents. We promptly scan and email them to you. We also retain the original documents for 90 days so they are available for you to pickup, or we can physically forward them to you if desired. We are consistently rated as the best registered agent in Georgia and best registered agent in Atlanta.
Although every corporation, LLC, LP, and LLP is required to have a registered agent by state law. In most cases you will hopefully never receive legal documents or mail at your registered office. A Registered Agent is NOT a business mailing address. For that you need a virtual office, offered by TRUE Space as a separate service. - When is a Georgia Registered Agent Required?
- Any business filing as a corporation, LLC, LP, or LLLP in the state of Georgia, including a foreign corporation, LLC, LP or LLLP (those based outside of Georgia) is required to maintain a Registered Agent in the state in order to receive service of process and communications from the secretary of state. Registered agent information must be provided to the secretary of state at the time the business filing is made. This information is made public on the secretary of state's website. All legal correspondance is directed to your registered agent who is available during business hours to receive the service of process. The registered agent then forwards the information to you.
The business must maintain a registered agent as long as the business is actively registered (has not been terminated or dissolved) with the secretary of state. Although we are an Atlanta registered agent, we service businesses throughout the state of Georgia. There is no need to be in close proximity to your registered agent as documents are scanned and emailed or forwarded to you. - What Information Will I Receive Upon Sign Up?
- You will receive information both on screen and via email providing your registered agent information (Name, Address, Email, Phone #, County. It will include everything you need to complete your corporate filling with the secretary of state. Additionally, the email will provide confirmation that we have consented to act as your registered agent.
- Can I be my own Registered Agent in Georgia?
- Absolutely. You must be a resident of Georgia and be willing to have your name and address listed publicly in association with your business. Most people prefer to keep their personal life separate from their business life to avoid customers showing up on their doorstep. Additionally, as your own registered agent you must be at your residence to receive service of process during business hours. This can be problematic with work, vacations, etc. It costs nothing to be your own registered agent, but the negatives far outweigh the savings of a few dollars. We strongly encourage you to instead select us to take on the role of Georgia registered agent for your business. TRUE Space is consistently rated as the best registered agent in Atlanta and the best registered agent in Georgia. If you need to find a registered agent in Georgia for your LLC or corporation, we are ready to serve.
- Who files my registered agent information with the state?
- We can help make the filing:
New corporate formation: TRUE Space offers corporate formation services for domestic for profit LLC's and corporations. Cost: $275.00 (includes the Georgia $100.00 filing fee). Our corporate formation specialists will work with you via phone to coordinate and ensure your filing is done right. If using an attorney or 3rd party service you can provide them with your registered agent information so they can complete your filing. If filing yourself, you will use the information we email to you to fill in the required fields when filing with the secretary of state. Once you have your business mailing address and have your registered agent, email us as Corp@truesp.com to initiate the corporation formation process. Provide your name, business name, phone # and email. Our corporate formation specialists will call you to gather the needed information needed to form your entity.
Making a change to an existing corporate filing: TRUE Space can help by making the filing for you. If you aren't comfortable with the state filing process we are happy to help (see below section for more information). Otherwise, you can update/amend your registered agent information with the secretary of state. Detailed information is provided below in the next section. - How do I submit a change of registered agent for my corporation?
- Easiest: Ask TRUE Space to make the filing for you. TRUE Space can make the filing for you to change your registered agent information. Our filing fee is $75.00 (includes $20.00 state filing fee). Note: If your corporation has not yet filed your annual registration for the calendar year, the filing fee is $125.00 (includes $50 state annual registration filing fee). To request our help, just email us at Agent@truesp.com once you have signed up for Registered Agent Service.
Do It Yourself - Online: File an "Annual Registration With Changes", or an "Amended Annual Registration" through https://ecorp.sos.ga.gov/ Use the big magenta button "Annual Registration With Changes" if it is the beginning of the year and time for your normal Annual Registration, otherwise, if you have already filed an Annual Registration with the GA Secretary of State that calendar year, click the "Online Services" button and Log into your corporation account and select "Amended Annual Registration". Follow the process and on the Registered Agent section, make the change to your Registered Agent and Registered Agent Address (registered office). Remember, the registered agent address can't be used as your business address.
By Mail (slowest)
-Amended Annual Registration for LLC (Form CD 920)
-Amended Annual Registration for Corporation (Form CD 900)
-Amended Annual Registration for LP & LLLP (Form CD 910)
-Amended Annual Registration for Foreign LLP (Form CD 930)
-DO NOT FILE Form RA-2 "Statement of Change of Address Registered Agent (RA-2) as this can only change the address of the registered agent and not the name of the registered agent.
NOTE: If you just initially registered your company in the current calendar year with the Georgia Secretary of State, you will need to file an “Annual Registration” for the same calendar year to update your Registered Agent information. If you are approaching a new calendar year, you may consider waiting to make the registered agent change during your regular annual renewal in the first few months of the next year. - What is my responsibility after sign up?
- 1) You must maintain an active paid account with us as long as you have us listed as your registered agent. The registered agent part of your corporate filing is legally the most important part of your corporate filing. Failure to maintain accurate and current registered agent information on your corporate filing can result in unreceived legal documents and can enable attorneys to punch holes in your corporate veil.
2) If you move or change your contact information, you are responsible to update the registered agent to ensure documents can be delivered if needed.
3) If at some point you wish to terminate your registered agent service, simply update/amend your registered agent information with the secretary of state to remove TRUE Space and our address information. Or you can terminate your LLC or dissolve your corporation. You can then notify us by email or contact form letting us know you have accomplished the information change and that you wish to close your account. - What happens when legal mail or documents are received?
- As your registered agent, we will sign for any "served" documents and receive any legal mail (including registered mail, certified mail, mail from attorneys, or mail from the secretary of state) addressed to us as your registered agent. The items will be scanned and emailed to you at no added cost. When you receive the scanned documents, you can contact us to request to pick up the physical documents in person at on metro Atlanta, GA area office, or have them sent to you via mail, 2nd day, or overnight service. If the legal documents are too large to scan, or have too many pages to scan (file size issues) we will scan the cover page and will send that to you and ask how you wish to receive the documents (mail or pickup).
In reality most businesses that keep their secretary of state filing current (taxes and fees paid), will receive no mail and no served documents throughout the year. To have documents physically forwarded to you by mail costs $5.00 plus the cost of postage. 2nd day or overnight costs $15.00 + shipping cost. Charges are billed to your payment card on file. Documents are held for 90 days after receipt and are then shredded. - Can I use this address as my principal office address (business address) for regular mail, bank accounts, etc.?
- No, the registered agent service only enables you to use this address for registered agent purposes. The only place the provided address should be used is on your corporate filing is as the Registered Office Address for your Registered Agent (not your Principal Office address, mailing address or business address).
If you need a professional commercial business address, please look at the 'Business Address' page on this site. Virtual Office (business mailbox) services are also available as a separate add on service. - Is there a limit to the number of documents I can receive each year?
- There is no limit, but there is a charge for annual documents received in excess of ten. It is important to note that 99.9% of businesses will receive no legal documents, and only some will just receive a rare notice from the secretary of state. But, there are some rare businesses that may receive substantially larger numbers of legal documents, typically because they provide legal services for 3rd party businesses, or they are an extremely large corporate entity. To keep our prices competitive and fair, the annual base rate includes processing up to ten (10) legal documents or notices per year. Additional documents received and processed are $10/document (regardless of the number of pages in each document).
- What if my business name is not accepted by the state?
- If there is a problem with the business name you choose, just let us know the new business name and we will update our records. You can update the business name on an account within 90 days of sign up. Just email us or submit a Contact Us Form with the changed information
- Do I sign up for Registered Agent Service before I file with Georgia?
- You will need the Registered Agent information before you start your filing. So definitely complete your Registered Agent sign up first.
- How do I cancel Registered Agent Service?
- Cancelation Process:
STEP 1:
A) Remove our registered agent information from your state filing (secretary of state filing required) by replacing it with information about your new registered agent. This is done via your Annual Registration or an Amended Annual Registration.
or
B) Terminate your LLC or Dissolve your Corporation
STEP 2
Contact us to let us know you have removed our information from your state filing, or terminated or dissolved your entity. You can call us, or email us at agent@truesp.com and we can then verify the information has been changed and close your account.
The key is that we can not close your account and turn off billing until you have removed the information. This is because without the information being changed, the state considers us to still be your legal registered agent, and you need to have an active account for us to do the required services.
NEED HELP? If you need help changing your registered agent on your state filing, let us know. We can make the filing for you (additional filing cost involved). We can also help with LLC terminations and corporation dissolution.
As your Georgia Registered Agent, we are at our metro Atlanta area business address during normal business hours to receive such documents. We promptly scan and email them to you. We also retain the original documents for 90 days so they are available for you to pickup, or we can physically forward them to you if desired. We are consistently rated as the best registered agent in Georgia and best registered agent in Atlanta.
Although every corporation, LLC, LP, and LLP is required to have a registered agent by state law. In most cases you will hopefully never receive legal documents or mail at your registered office. A Registered Agent is NOT a business mailing address. For that you need a virtual office, offered by TRUE Space as a separate service.
The business must maintain a registered agent as long as the business is actively registered (has not been terminated or dissolved) with the secretary of state. Although we are an Atlanta registered agent, we service businesses throughout the state of Georgia. There is no need to be in close proximity to your registered agent as documents are scanned and emailed or forwarded to you.
New corporate formation: TRUE Space offers corporate formation services for domestic for profit LLC's and corporations. Cost: $275.00 (includes the Georgia $100.00 filing fee). Our corporate formation specialists will work with you via phone to coordinate and ensure your filing is done right. If using an attorney or 3rd party service you can provide them with your registered agent information so they can complete your filing. If filing yourself, you will use the information we email to you to fill in the required fields when filing with the secretary of state. Once you have your business mailing address and have your registered agent, email us as Corp@truesp.com to initiate the corporation formation process. Provide your name, business name, phone # and email. Our corporate formation specialists will call you to gather the needed information needed to form your entity.
Making a change to an existing corporate filing: TRUE Space can help by making the filing for you. If you aren't comfortable with the state filing process we are happy to help (see below section for more information). Otherwise, you can update/amend your registered agent information with the secretary of state. Detailed information is provided below in the next section.
Do It Yourself - Online: File an "Annual Registration With Changes", or an "Amended Annual Registration" through https://ecorp.sos.ga.gov/ Use the big magenta button "Annual Registration With Changes" if it is the beginning of the year and time for your normal Annual Registration, otherwise, if you have already filed an Annual Registration with the GA Secretary of State that calendar year, click the "Online Services" button and Log into your corporation account and select "Amended Annual Registration". Follow the process and on the Registered Agent section, make the change to your Registered Agent and Registered Agent Address (registered office). Remember, the registered agent address can't be used as your business address.
By Mail (slowest)
-Amended Annual Registration for LLC (Form CD 920)
-Amended Annual Registration for Corporation (Form CD 900)
-Amended Annual Registration for LP & LLLP (Form CD 910)
-Amended Annual Registration for Foreign LLP (Form CD 930)
-DO NOT FILE Form RA-2 "Statement of Change of Address Registered Agent (RA-2) as this can only change the address of the registered agent and not the name of the registered agent.
NOTE: If you just initially registered your company in the current calendar year with the Georgia Secretary of State, you will need to file an “Annual Registration” for the same calendar year to update your Registered Agent information. If you are approaching a new calendar year, you may consider waiting to make the registered agent change during your regular annual renewal in the first few months of the next year.
2) If you move or change your contact information, you are responsible to update the registered agent to ensure documents can be delivered if needed.
3) If at some point you wish to terminate your registered agent service, simply update/amend your registered agent information with the secretary of state to remove TRUE Space and our address information. Or you can terminate your LLC or dissolve your corporation. You can then notify us by email or contact form letting us know you have accomplished the information change and that you wish to close your account.
In reality most businesses that keep their secretary of state filing current (taxes and fees paid), will receive no mail and no served documents throughout the year. To have documents physically forwarded to you by mail costs $5.00 plus the cost of postage. 2nd day or overnight costs $15.00 + shipping cost. Charges are billed to your payment card on file. Documents are held for 90 days after receipt and are then shredded.
If you need a professional commercial business address, please look at the 'Business Address' page on this site. Virtual Office (business mailbox) services are also available as a separate add on service.
STEP 1:
A) Remove our registered agent information from your state filing (secretary of state filing required) by replacing it with information about your new registered agent. This is done via your Annual Registration or an Amended Annual Registration.
or
B) Terminate your LLC or Dissolve your Corporation
STEP 2
Contact us to let us know you have removed our information from your state filing, or terminated or dissolved your entity. You can call us, or email us at agent@truesp.com and we can then verify the information has been changed and close your account.
The key is that we can not close your account and turn off billing until you have removed the information. This is because without the information being changed, the state considers us to still be your legal registered agent, and you need to have an active account for us to do the required services.
NEED HELP? If you need help changing your registered agent on your state filing, let us know. We can make the filing for you (additional filing cost involved). We can also help with LLC terminations and corporation dissolution.
Corp Filing: Entity Formation- Should I file as an LLC or as a corporation (Inc/Corp)?
- Each business is different so we can't answer this. Although more than 90% of entity formations we see are LLC's, a corporation may be the better structure for your business. There is a wealth of information online about the differences. As always, you should speak to your business attorney and your accountant if you need help with this decision.
In general it is cheaper to form and terminate an LLC (lower state filing fees and fewer required formation or dissolution filings). - How long does it take to form an LLC or corporation?
- Typically 3 business days
LLC and corporation formations are typically accepted by the Georgia Secretary of State within 3 days. We always file electronically so our turn around times are extremely fast. While competitors charge extra for "expedited service", we offer this as our normal level of service. - What other filings are required once my entity is formed?
- Corporations require additional filings immediately after formation:
-Posting "Notice of Incorporation" in Legal Organ (within 24 hours of formation filing)
-First Annual Registration with GA Secretary of State (providing names of corporate officers) (within 90 days)
Both LLC's and Corporations must file a Beneficial Ownership Information Report with FinCen (a division of the US Treasury). This report identifies who owns the entity. Filing must be made within 90 days of formation.
ALL: There are of course all kinds of other required filings depending on your business and your services. But this is outside the entity formation discussion.
In general it is cheaper to form and terminate an LLC (lower state filing fees and fewer required formation or dissolution filings).
LLC and corporation formations are typically accepted by the Georgia Secretary of State within 3 days. We always file electronically so our turn around times are extremely fast. While competitors charge extra for "expedited service", we offer this as our normal level of service.
-Posting "Notice of Incorporation" in Legal Organ (within 24 hours of formation filing)
-First Annual Registration with GA Secretary of State (providing names of corporate officers) (within 90 days)
Both LLC's and Corporations must file a Beneficial Ownership Information Report with FinCen (a division of the US Treasury). This report identifies who owns the entity. Filing must be made within 90 days of formation.
ALL: There are of course all kinds of other required filings depending on your business and your services. But this is outside the entity formation discussion.