Does Your Business Have to File a Georgia Annual Report by April 1st?

Business entities that are registered with Georgia’s Office of the Secretary of State must file a Georgia annual report each year. The due date for filing Georgia’s annual report is April 1st.

What is an Annual Report?

The correct terminology for an annual report is actually “annual registration.” However, many people refer to it as an “annual report” because that’s what the annual filing is called in many states. Throughout this article, you’ll see that I use both terms to mix things up a little for your reading pleasure!

Businesses required to file a Georgia annual registration must do so to stay legally compliant in the state. The Georgia annual report also ensures the state has the correct current mailing address, entity name, management structure, and registered agent information in its records.

I encourage you to talk with your attorney and tax advisor to get specialized, professional guidance on your legal, tax, and reporting responsibilities. If you confirm that your business must file an annual registration in Georgia, my team at CorpNet can help you tackle the task.

To kickstart your understanding of some of the important aspects of annual registration in Georgia, let’s take a closer look at the topic.

Who Must File a Georgia Annual Report?

The following entity types must complete an annual registration in any year the business will operate in Georgia:

• C Corporations
• Nonprofit Corporations
• Professional Corporations
• Benefit Corporations
• Limited Liability Companies (LLC)
• Limited Partnerships (LP)
• Limited Liability Partnerships (LLP),
• Limited Liability Limited Partnerships (LLLP)

What Information Do You Need to Provide?

Annual Registration for Corporations in Georgia

• Name of the corporation or control number
• Name of the individual filing the annual registration
• Contact’s email address
• Name and physical address of the company’s registered agent in Georgia
• Mailing address of the business’s principal office
• Name and address of each corporate officer
• Payment via credit card, check, certified bank check, or money order

Annual Registration for LLCs in Georgia

• Name of the LLC or control number
• Name of the individual filing the annual registration
• Contact’s email address
• Name and physical address of the company’s registered agent in Georgia
• Mailing address of the business’s principal office
• Payment via credit card, check, certified bank check, or money order

Annual Registration for Limited Partnerships in Georgia

• Name of the partnership or control number
• Name of the individual filing the annual registration
• Contact’s email address
• Name and physical address of the company’s registered agent in Georgia
• Mailing address of the business’s principal office
• Payment via credit card, check, certified bank check, or money order

How Do You File Your Registration?

Thanks to Georgia’s multi-year filing option, businesses have a choice in the annual registration period they want their registration filing to cover. When going through the registration process, they can select one of the following terms:

• Annual registration for the current year
• Annual registration for two consecutive years (current year and the year to follow)
• Annual registration for three consecutive years (current year and the following two years)

Georgia provides three methods for completing annual registration.

Option 1: One-Click Registration

Businesses that are up to date on all of their past filings and don’t need to make any changes to their business information may use the Georgia Corporations Divisions’ “One Click Annual Registration” option. Doing so does not require any log in information, so it’s speedy and easy. Note that if a business has any past due fees or has made changes, it needs to report to the state, it will need to use another method of filing. After completion of the one-click registration, the state sends an email to confirm the registration and payment.

Option 2: Online Services

After logging into their eCorp account with the state, businesses can file their Georgia annual registration–with or without making changes to their company information. The state will email the annual registration and receipt to the contact person after the online filing and payment are completed.

Option 3: Print Form

Another option is to print out the annual registration form from the website and mail the completed form with a payment by check or money order. A $10 service charge applies to annual registrations submitted this way.

The form and payment should be mailed to:

Office of Secretary of State
2 MLK Jr. Drive
313 West Tower
Atlanta, Georgia 30334

The envelope must be postmarked by April 1 of the current year to avoid a $25 late filing fee.

How Much Does the Annual Filing Cost?

The filing fee for filing a Georgia annual report depends on the type of business entity.

• Profit Corporation, Professional Corporation, LLC, LP, LLP, LLLP, Trust Estate = $50 online filing; $60 paper filing
• Non-profit Corporation = $30 online filing; $40 paper filing
• Foreign LLP (operating in Georgia but registered in a different state) = $25 online filing; $35 paper filing

The cost to amend an already submitted annual registration is $20 to do so online and $30 to file by paper. Annual registration fees are non-refundable.

Are There Penalties for Not Filing?

Failing to file annual registrations and pay the required fees on time may result in the state suspending the entity’s authorization to transact business in Georgia. It may even lead to administrative dissolution (involuntary termination of the business). That can be especially devastating because it means the business entity loses its rights, powers, and authority in the state. Possible problems caused by administrative dissolution include:

• Business owners and others who act on the entity’s behalf might be held personally liable for legal and financial debts or obligations of the business. (In other words, owners and stakeholders lose the protection of the corporate veil that protects business owners’ personal assets.)
• The company will probably not be allowed to bring a lawsuit in the state.
• Anything the entity does beyond what’s necessary to liquidate its assets and wrap up its affairs may be considered invalid or void.

With the April 1 due date approaching quickly, entities that must file a Georgia annual registration need to act fast.