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📝 Business Formation Guide

Georgia Business Name Requirements: What You Can and Can't Use

📅 2025-01-15 ⏱️ 12 min read 📚 Business Formation

Bottom Line Up Front

Georgia businesses must choose names that comply with state naming rules, avoid trademark conflicts, and may require DBA registration depending on your business structure and chosen name.

Table of Contents

What Georgia Law Says About Business Names

The Georgia Secretary of State enforces specific naming requirements for all business entities formed in Georgia under O.C.G.A. § 14-11-401 (corporations) and O.C.G.A. § 14-11-108 (LLCs). These rules protect consumers and prevent business confusion in the marketplace.

Core Georgia Business Naming Rules

Required Elements by Business Type:

  • Georgia LLCs → Must include "Limited Liability Company," "LLC," or "L.L.C." per O.C.G.A. § 14-11-108(a)
  • Georgia Corporations → Must include "Corporation," "Corp.," "Incorporated," or "Inc." per O.C.G.A. § 14-2-401(a)
  • Georgia Limited Partnerships → Must include "Limited Partnership" or "L.P." per O.C.G.A. § 14-9-108
  • Georgia Limited Liability Partnerships → Must include "Limited Liability Partnership," "LLP," or "L.L.P." per O.C.G.A. § 14-8-61

Prohibited Words and Phrases per Georgia Secretary of State Rules:

  • Banking terms: "Bank," "Trust," "Credit Union" (requires Georgia Department of Banking and Finance approval)
  • Insurance terms: "Insurance," "Assurance" (requires Georgia Insurance Commissioner approval per O.C.G.A. § 33-8-8)
  • Professional designations: "Attorney," "CPA," "Doctor" (requires Georgia professional licensing board approval)
  • Government implications: "Federal," "State," "Department," "Bureau" (prohibited without authorization)

DBA (Doing Business As) Requirements in Georgia

When Georgia Businesses Need DBAs

Sole Proprietorships and Partnerships per O.C.G.A. § 10-1-490:

  • Required if operating under any name other than legal owner's full name
  • Must file DBA with county probate court where business operates per O.C.G.A. § 10-1-491
  • Cost: Varies by Georgia county ($15-$40 typical range, verify with local probate court)

Georgia LLCs and Corporations:

  • Required only if operating under name different from registered entity name
  • Can operate under registered name without additional DBA filing
  • DBA filing location: County probate court where business operates

Georgia DBA Filing Process per O.C.G.A. § 10-1-491

Required Information:

  • Business name you want to use (assumed name)
  • Legal name of business owner or entity
  • Business address in Georgia
  • Nature of business activities

Filing Requirements per Georgia Probate Court Rules:

  • File Trade Name Registration with Georgia county probate court
  • Publish DBA notice in legal organ newspaper for county (per O.C.G.A. § 9-13-140)
  • Renewal required every 5 years from initial filing date

Special Naming Considerations for Georgia Businesses

Professional Service Naming Rules

Georgia Professional Corporations per O.C.G.A. § 14-7-2:

  • Must include "Professional Corporation" or "P.C."
  • Name must reflect professional service provided
  • Georgia professional licensing board approval required (e.g., State Bar of Georgia for attorneys, Georgia State Board of Accountancy for CPAs)

Professional LLCs in Georgia per O.C.G.A. § 14-11-1102:

  • Must include "Professional Limited Liability Company" or "PLLC"
  • All members must be licensed in same profession under Georgia licensing statutes

Georgia Foreign Entity Name Compliance

Out-of-State Businesses Operating in Georgia per O.C.G.A. § 14-2-1503:

  • Must register name with Georgia Secretary of State
  • If name unavailable, must adopt alternate Georgia name
  • File Certificate of Authority (Form CD 401) to transact business in Georgia

Common Georgia Business Naming Mistakes

Mistake 1: Skipping Comprehensive Searches

Problem: Relying only on Georgia Secretary of State search

Solution: Search federal trademarks, domain availability, and social media handles

Mistake 2: Choosing Generic Names

Problem: Names like "Georgia Consulting LLC" lack distinctiveness

Solution: Select names that differentiate your business and support trademark protection

Mistake 3: Ignoring DBA Requirements

Problem: Operating under unregistered business names

Solution: File DBA registration before conducting business under assumed name

Georgia Business Name Compliance Checklist

Before Finalizing Your Georgia Business Name:

Next Steps for Georgia Business Formation

Ready to Form Your Georgia Business?

  1. Reserve your name through Georgia Secretary of State using Form CD 205
  2. Prepare formation documents (Articles of Incorporation Form CD 202 or Articles of Organization Form CD 211)
  3. File with Georgia Secretary of State with required fees per current fee schedule
  4. File DBA with county probate court if operating under different name
  5. Obtain required business licenses through Georgia Secretary of State Professional Licensing Boards Division

Key Resources:

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Important Note: This guide provides general information about Georgia business naming requirements based on current Georgia Code and Georgia Secretary of State regulations. Consult with a Georgia business attorney or qualified professional for specific legal advice regarding your business situation.

Sources: O.C.G.A. Title 14 (Georgia Business Corporation Code), Georgia Secretary of State Rules and Regulations, 15 U.S.C. §§ 1051-1141 (Lanham Act), USPTO Trademark Manual of Examining Procedure. Last updated based on current Georgia Secretary of State regulations and USPTO guidelines. Business formation requirements may change - verify current rules before filing.