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The process of selecting and securing a name for a new business entity in Georgia is a foundational step in establishing a company's identity within the state's legal and commercial landscapes. Managed by the Office of the Secretary of State, the Georgia Name Reservation Request form serves as a critical conduit for entrepreneurs aiming to reserve a preferred name prior to incorporation. For a nonrefundable fee of $25, applicants can submit their name choices, ensuring their business can claim its place in the market with a unique identifier. Whether submitted via mail with a check, cashier’s check, or money order, or completed online with payment through several electronic means, this procedure shields the chosen name for a 30-day period, offering a window within which the applicant must further their incorporation endeavors. The form requires specific information, including the applicant's name, contact details, and preferred business names—all while emphasizing that the suggested names must comply with certain nomenclature standards, incorporating designations like "Corporation," "LLC," or similar terms. Importantly, should the desired name be unavailable, the applicant is informed and given directions for submitting alternative names without incurring an additional fee, subject to certain conditions. This layer of examination and feedback ensures that not only is the naming process streamlined, but it also adheres to Georgia's regulatory standards and naming conventions, ultimately facilitating a smoother journey towards business establishment.

Form Sample

OFFICE OF SECRETARY OF STATE

Corporations Division

Name Reservation Request

313 West Tower, #2 Martin Luther King Jr. Drive

Atlanta, Georgia 30334

404-656-2817

Brian P. Kemp

Secretary of State

NAME RESERVATION REQUEST

Applicant Name:

Street Address:

City:

State:

Zip Code:

Email Address:

Contact Number:

The nonrefundable filing fee is $25.00. You may send a check a check, cashier’s check or money order made payable to the Office of Secretary of State. You may also request a name online at

www.Qeorqiacorporations.org. Online filers can pay using a credit card (M/0, Visa, Discover or AMEX) or ACH. Once Approved, you will receive a name reservation number valid for 30 days. Within 30 days you may go online and incorporate using the name reservation. Name reservations cannot be renewed and

expire after 30 days. However, you do have the option to reserve the name again for $25.00 as long as the name is available.

If the requested name is not available a rejection notice will be sent via telephone, email or US mail (the

$25.00 charge still applies) and will include instructions on submitting another request without additional

charge. Another choice may be submitted within 10 days without payment or another fee.

Please be advised that the on-line system only performs a preliminary search in our database. An in-house examiner will perform a detailed search and confirm whether or not your name is available. The $25.00 fee is for performing the search. Your name is NOT confirmed and reserved until you receive official notification

from this office.

Please indicate your choice(s) for a name: (Enter the exact name of the

organization. The name must contain the word 'Corporation1, 'Incorporated', 'Com pany', 'Limited', 'Limited Liability Company', 'Limited Company', 'LTD,. Liability Company', 'LLC', 'L.C.', 'Limited Partnership', 'L.P.', 'LTD. Partnership' or the abbreviation of one of these words.)

1st Preference

2nd Preference

3rd Preference

Please return this form, along with your payment to:

OFFICE OF SECRETARY OF STATE

Corporations Division

Name Reservation Request

313 West Tower, #2 Martin Luther King, Jr. Drive

Atlanta, Georgia 30334

Name Reservation Form Rev 011508

File Overview

Fact Number Detail
1 The Office of Secretary of State in Georgia processes the Name Reservation Request.
2 Applicants must submit a nonrefundable filing fee of $25.00.
3 Name reservation is valid for 30 days once approved.
4 Name reservations cannot be renewed but can be reserved again if still available, for a fee of $25.00.
5 If a requested name is not available, a rejection notice will be sent with instructions for submitting a new request without an additional charge.
6 The organization's name must include a specific designation like 'Corporation', 'LLC', 'L.P.', or their abbreviations.
7 An in-house examiner will perform a detailed search to confirm the availability of the name, beyond the preliminary online search.

Guide to Using Georgia Name Reservation

Securing a name for your business is a crucial first step in establishing your presence in the state of Georgia. The Name Reservation Form provided by the Office of the Secretary of State is straightforward to fill out and submit. A nonrefundable fee of $25.00 applies to this process. Once your name is approved and reserved, you'll receive a reservation number valid for 30 days, giving you ample time to formally incorporate your business using the reserved name. Below you'll find step-by-step instructions on how to fill out the Georgia Name Reservation Form.

  1. Applicant Name: Enter the full legal name of the person filing the name reservation request.
  2. Street Address: Provide the complete street address of the applicant, including suite or apartment numbers if applicable.
  3. City: Write the city where the applicant resides.
  4. State: Fill in the state where the applicant lives. This should be a two-letter state abbreviation.
  5. Zip Code: Enter the postal zip code of the applicant's address.
  6. Email Address: Provide a valid email address to receive notifications about the name reservation process.
  7. Contact Number: Include a contact phone number with area code.
  8. Name Choice(s): Indicate your top three choices for your business name. Ensure each name includes an appropriate designation such as 'Corporation', 'LLC', 'Limited Partnership', etc., as listed on the form. Start with your most preferred name as the 1st preference, followed by the second and third choices.
  9. Prepare a check, cashier’s check, or money order for the filing fee of $25.00, made payable to the Office of Secretary of State. If you prefer to file online and use a credit card or ACH for payment, visit www.Georgiacorporations.org.
  10. Once the form is completed and payment prepared, mail both items to: OFFICE OF SECRETARY OF STATE, Corporations Division, Name Reservation Request, 313 West Tower, #2 Martin Luther King Jr. Drive, Atlanta, Georgia 30334.

After submitting your request and payment, an examiner will conduct a detailed search to confirm the availability of your preferred name(s). You will receive official notification regarding the status of your name reservation. Should your initial choice be unavailable, you'll have the option to submit another name without an additional fee or reserve a new name for an additional $25.00 if still available. Completing this form accurately and choosing an available name will streamline the process, bringing you one step closer to officially launching your business in Georgia.

Obtain Clarifications on Georgia Name Reservation

  1. What is a Name Reservation Request in Georgia, and why is it necessary?

    A Name Reservation Request in Georgia is a formal application to reserve a specific business name before officially registering your business. This process ensures that the name you want for your business is available and held for you for 30 days, preventing other entities from registering it during this period. It's a crucial step for those who are finalizing their business plans but are not yet ready to register their business officially.

  2. How can I submit a Name Reservation Request in Georgia?

    You can submit a Name Reservation Request by completing the form provided by the Georgia Secretary of State's office and returning it with the required payment. Submissions can be made via mail or online at www.georgiacorporations.org. Online submissions offer the convenience of paying the fee with a credit card (MasterCard, Visa, Discover, AMEX) or ACH.

  3. What is the filing fee for a Name Reservation Request in Georgia?

    The filing fee for a Name Reservation Request in Georgia is $25.00. This fee is nonrefundable and applies whether the name reservation is approved or denied.

  4. What happens once my Name Reservation Request is approved?

    Once your Name Reservation Request is approved, you will receive a name reservation number valid for 30 days. During this period, you can incorporate your business using the reserved name. Remember, the reservation cannot be renewed but can be requested again for the same fee, provided the name remains available.

  5. What if the name I want is not available?

    If the requested name is not available, you will receive a rejection notice via telephone, email, or mail. The notice will include instructions for submitting another request without an additional charge. You can submit another choice within 10 days without needing to pay another fee.

  6. Can I renew my name reservation?

    No, name reservations in Georgia cannot be renewed. Once your 30-day reservation expires, you must submit a new request with the $25.00 fee if you still wish to reserve the name, assuming it's still available.

  7. What information do I need to provide on the Name Reservation Request form?

    • Your preferred name for the organization
    • Your name
    • Street address
    • City, State, and Zip Code
    • Email address
    • Contact number

    It's important to note that the organization's name must include specific terms such as "Corporation," "Incorporated," "Company," or abbreviations thereof.

  8. How long does it take to process a Name Reservation Request?

    Processing times can vary based on current workloads and submission method. However, one should receive official notification whether the name is confirmed and reserved within a few days to a week after submission. Always allow sufficient time for mail delivery if submitting by postal service.

  9. Is it possible to reserve a name for longer than 30 days?

    No, the reservation period in Georgia is strictly 30 days. If you require more time before officially registering your business, you'll need to submit a new Name Reservation Request (and fee) after the initial reservation expires, provided the name is still available.

  10. Where do I send my Name Reservation Request and payment?

    Mail your completed Name Reservation Request form and payment to: OFFICE OF SECRETARY OF STATE, Corporations Division, Name Reservation Request, 313 West Tower, #2 Martin Luther King Jr. Drive, Atlanta, Georgia 30334. For online submissions, simply follow the instructions and payments methods provided at www.georgiacorporations.org.

Common mistakes

  1. Not including the mandatory corporate identifier (e.g., "Corporation," "LLC," "Incorporated") in the organization's name. Names must include one of these designations or their abbreviations to be acceptable.

  2. Submitting the form without the nonrefundable filing fee of $25.00, or making payment checks to an incorrect entity. It is crucial to ensure the check or money order is made payable to the Office of Secretary of State.

  3. Filling out the form with incomplete or inaccurate contact information, which can lead to delays or the inability of the Secretary of State's office to communicate vital information about the name reservation.

  4. Attempting to renew the name reservation beyond the 30-day validity period without understanding that a new application and fee are required for additional reservations.

  5. Overlooking the online filing option at www.Georgiacorporations.org and the convenience of paying via credit card (M/O, Visa, Discover, AMEX) or ACH, which can expedite the process.

  6. Missing the acknowledgment that the requested name is not guaranteed until an official confirmation is received from the Secretary of State's office, leading to premature business actions or announcements.

  7. Ignoring the policy that allows for submitting another choice within 10 days without payment if the first choice is rejected, which can save time and money.

  8. Neglecting to include all three name preferences. Providing only one or two options reduces one's chances of securing a name in the event that the preferred names are not available.

  9. Forgetting to specify the exact name of the organization, including correct spelling and punctuation, which is critical for legal and branding purposes.

  10. Assuming the online system’s preliminary search is final. A detailed search and confirmation by an in-house examiner are required to officially reserve the name.

Adhering to these guidelines and carefully preparing your Georgia Name Reservation Request will enhance the likelihood of a successful name reservation process. It's also imperative to review the form for completeness and accuracy before submission, ensuring that all information aligns with legal requirements and personal business aspirations.

Documents used along the form

When establishing a business in Georgia, the process often involves more than just submitting a Name Reservation form to the Office of Secretary of State. Several other forms and documents typically accompany the Name Reservation form to ensure full compliance with state laws and regulations. These documents each serve a unique purpose in the business formation and registration process, highlighting the importance of understanding their role and requirement.

  • Articles of Incorporation: This essential document officially establishes a corporation within the state. It includes information such as the corporation’s name, purpose, duration, registered agent information, and details about the issuance of shares. The Articles of Incorporation must be filed with the Georgia Secretary of State.
  • Articles of Organization: Similar to the Articles of Incorporation, this document is required for the formation of a Limited Liability Company (LLC) in Georgia. It outlines the basic information about the LLC, including its name, principal office address, and the names of its organizers, plus the name and address of the registered agent for service of process.
  • Operating Agreement: While not filed with the state, an Operating Agreement is crucial for an LLC. It sets forth the internal management structure, members' rights and responsibilities, and the distribution of profits and losses. Even though it’s not a state requirement, having an Operating Agreement can help protect the members’ personal assets from legal disputes and establish clear operational procedures.
  • Employer Identification Number (EIN) Application: Often completed right after the formation documents, the EIN Application is crucial for any new business. This number, assigned by the IRS, is required for tax purposes, hiring employees, opening business bank accounts, and more. It can be obtained free of charge directly from the IRS.

Together with the Georgia Name Reservation form, these documents form the backbone of a legally established business entity in the state. Each document supports a different aspect of legal and operational readiness, ensuring that businesses comply with both state and federal regulations from the outset. Understanding and properly filing these documents are critical steps toward a successful business launch in Georgia.

Similar forms

  • Trademark Application Form: Similar to the Georgia Name Reservation form, a Trademark Application Form involves reserving a unique identifier for business purposes. However, it specifically protects brand names, logos, and slogans at a federal or state level, prohibiting others from using similar identifiers in related fields. Both forms require a detailed specification of the name or mark to be reserved and involve a nonrefundable filing fee.

  • DBA (Doing Business As) Registration Form: This form, used by businesses intending to operate under a name different from their legal name, shares similarities with the Georgia Name Reservation Form. Both entail the reservation of a business name and involve a formal submission process with associated fees. The DBA form also usually requires renewal, akin to the option of reserving the name again in the Georgia form.

  • Domain Registration Form: When registering a website's domain name, this form ensures the exclusive use of a specific web address. Like the Georgia Name Reservation form, it involves choosing a unique name—this time, for digital presence. Both processes include a fee and provide a limited time of exclusivity, requiring renewal for prolonged usage.

  • Copyright Registration Form: While aiming to protect original works of authorship, this form shares the nature of reserving rights, akin to the Georgia Name Reservation Form’s purpose of reserving a business name. Both require official submission and a fee, resulting in legal recognition and protection under their respective jurisdictions.

  • Business License Application Form: Though its primary purpose is to obtain permission to operate a business within a certain locality, this form resembles the Georgia Name Reservation Form in its prerequisite to define the business by a specific name. Submission involves similar administrative processes, including payment of fees.

  • Patent Application Form: This form is used to secure an inventor's rights to a particular invention, preventing others from making, using, or selling the invention without permission. Like the Georgia Name Reservation Form, it involves a detailed submission process, including the specific identification of the item in question (in this case, the invention rather than a business name), and requires a fee for processing and granting exclusive rights.

Dos and Don'ts

When submitting a Name Reservation Request in Georgia, it's important to navigate the procedure accurately to ensure your desired business name is secured without any unnecessary delays. Below are guidelines encapsulating both the recommended practices and common pitfalls to avoid during the submission process.

Do:

  1. Verify the availability of your desired name by conducting a preliminary search online at www.georgiacorporations.org before submission.

  2. Clearly indicate your preferred business name following the state requirement, which must include a corporate indicator such as 'LLC', 'Corporation', or similar abbreviations.

  3. Fill out the form with accurate and complete information for the applicant, including name, contact number, email address, and mailing address.

  4. Prepare the nonrefundable filing fee of $25.00, ensuring it is payable to the Office of Secretary of State through acceptable means like a check, cashier’s check, money order, or online payment options.

  5. Include at least one secondary name option on the form to increase the chances that a name is available for reservation.

  6. Understand that the name reservation is valid for 30 days, during which incorporation under the reserved name should be completed.

  7. Be ready to act quickly if the first choice is not available, taking advantage of the option to submit another choice within 10 days without an additional fee.

  8. Recognize the final confirmation of name reservation will come directly from the Office of Secretary of State and not solely from the preliminary online search.

  9. Check for any additional documentation that may be required to accompany the Name Reservation Request form.

  10. Confirm receipt of the name reservation number after approval, noting it is a crucial step before incorporation.

Don't:

  • Don't assume the name is reserved until official notification is received from the Office of Secretary of State.

  • Don't neglect to include a corporate indicator within the business name as specified by state requirements.

  • Don't submit the form without double-checking all entered information for accuracy and completeness.

  • Don't overlook the nonrefundable nature of the filing fee, even if the initial name choice is rejected.

  • Don't delay the incorporation process beyond the 30-day validity period of the reserved name.

  • Don't forget to utilize the 10-day window for submitting an alternate name without an additional fee if the first is unavailable.

  • Don't ignore the importance of conducting a thorough preliminary search to assess name availability.

  • Don't submit payment methods not accepted by the Office of Secretary of State.

  • Don't reserve a name without the intention to use it for incorporation within the given timeframe.

  • Don't hesitate to contact the Office of Secretary of State for clarification if any part of the process is unclear.

Misconceptions

When discussing the process of reserving a business name in Georgia, a few misconceptions frequently arise. It's essential to dispel these myths to ensure individuals have a clear understanding of the process and its requirements.

  • Myth: The $25 fee guarantees your business name. The truth is, paying the $25 fee does not guarantee that the desired business name will be reserved. This fee is for the search and examination process to determine if the name is available. The name is only reserved once an official confirmation is received from the Office of the Secretary of State.

  • Myth: Name reservation is permanent. In reality, a name reservation in Georgia is valid for only 30 days. Understandably, this is a temporary hold to allow applicants time to officially incorporate their business under that name. If more time is needed, the name must be reserved again with an additional $25 fee, provided the name remains available.

  • Myth: Online filing is immediate and final. Many believe that filing for a name reservation online results in an immediate and final reservation. However, all submissions, whether online or via mail, undergo a detailed review by an in-house examiner. The online system only performs a preliminary search. The reservation is not final until the applicant receives official notification of approval.

  • Myth: If your requested name is not available, you lose your $25. While the $25 filing fee is nonrefundable, Georgia offers a somewhat forgiving follow-up option. If the requested name is unavailable, the applicant can submit another name choice within 10 days without incurring an additional charge. This opportunity allows applicants to try again without further financial penalty, although the initial fee is not refunded.

Clearing up these misconceptions helps in setting realistic expectations and better preparing applicants for the name reservation process in Georgia. Understanding the temporary nature of name reservations, the conditions of the fee, and the actual steps towards confirmation can significantly streamline the process for prospective business owners.

Key takeaways

To successfully navigate the process of reserving a business name in Georgia, the following key points extracted from the Georgia Name Reservation form should be considered:

  • The filing fee for a name reservation is $25.00 and is nonrefundable. Payment can be made via check, cashier’s check, money order, or online with a credit card or ACH.
  • Requests for name reservations can be submitted either through mail or online at the official website, with online submitters having additional payment options available.
  • Once a name reservation is approved, the applicant receives a reservation number which is valid for 30 days. During this time frame, the reserved name can be used to incorporate online.
  • Name reservations are not renewable, and if one wishes to reserve the same name again after expiration, a new fee of $25.00 is required provided the name is still available.
  • In the event that a requested name is not available, a rejection notice will be sent, and the applicant will have the option to submit another name choice within 10 days without incurring an additional fee.
  • An in-house examiner will conduct a detailed search to confirm the availability of a name, which emphasizes that the preliminary search conducted by the online system is not definitive.
  • The form requires that the desired business name includes a specific designation such as 'Corporation', 'Incorporated', 'Company', 'Limited', etc., to underline its legal status and distinguish it from non-incorporated entities.

Understanding and adhering to these guidelines can streamline the process of reserving a business name in Georgia, ensuring that applicants are well-prepared and informed about the steps involved and the requirements that must be met.

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