Georgia LLC Operating Agreement
Set out who owns your Georgia LLC, who manages it, and how profits are split — and download a print-ready PDF. Single-member or multi-member. Free, no signup. The preview updates as you type.
Maintained by Rapi Stack · Every state-specific figure on this page is cited to its statute or official agency page · Dataset last verified 2026 · Not legal advice.
Georgia LLC act rules · as of 2026
- Required by law?
- No — but strongly recommended
- Recognized form
- 'any agreement, written or oral, of the member or members as to the conduct of the business and affairs of a limited liability company' (implied-by-conduct agreements are not mentioned)
- Governing act
- Georgia Limited Liability Company Act
Without an agreement: Absent a contrary written operating agreement provision, 'profits and losses, and each item thereof, shall be allocated equally among the members' — per capita, not by contribution (O.C.G.A. § 14-11-403). Source: O.C.G.A. § 14-11-101(18) · verify ↗.
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Why your Georgia LLC needs this — even single-member
- It overrides the default rules. Without an agreement, the Georgia Limited Liability Company Act decides how profits are split and who can act for the company — not you.
- It protects limited liability. A written agreement is core evidence that the LLC is a real, separate entity.
- Banks and lenders ask for it. Opening a business account or getting a loan routinely requires it.
Georgia law
No — Georgia does not require an operating agreement (as of 2026): Not required. Georgia's bespoke act defines the operating agreement as 'any agreement, written or oral, of the member or members'; absent one, the chapter's default rules govern (note: certain defaults, e.g. profit allocation, can be varied only by a written operating agreement).. But without one, the default rules of the Georgia Limited Liability Company Act decide ownership, management, and profit questions for you — which is why one is strongly recommended even for single-member LLCs. Source: O.C.G.A. § 14-11-101(18). Check the current Georgia LLC rules before relying on any default.
Frequently asked questions
Is an operating agreement required in Georgia?
No — Georgia does not require an operating agreement (as of 2026): Not required. Georgia's bespoke act defines the operating agreement as 'any agreement, written or oral, of the member or members'; absent one, the chapter's default rules govern (note: certain defaults, e.g. profit allocation, can be varied only by a written operating agreement).. But without one, the default rules of the Georgia Limited Liability Company Act decide ownership, management, and profit questions for you — which is why one is strongly recommended even for single-member LLCs. Source: O.C.G.A. § 14-11-101(18).
Does the operating agreement get filed with the state?
No. Unlike the formation certificate (articles of organization), the operating agreement is an internal document — you sign it, keep it with your records, and give each member a copy. Banks, lenders, and courts may ask to see it, but no Georgia agency records it.
Can the agreement be oral in Georgia?
Georgia's statute recognizes: 'any agreement, written or oral, of the member or members as to the conduct of the business and affairs of a limited liability company' (implied-by-conduct agreements are not mentioned) (O.C.G.A. § 14-11-101(18)). Even where oral or implied agreements count, put yours in writing — proving an oral term in a dispute between members is exactly the fight the document exists to prevent.
How does Georgia compare? See which states actually require an operating agreement, every claim cited to the state LLC act.
How Georgia compares
Computed from our 51-jurisdiction dataset (as of 2026). Source for Georgia: O.C.G.A. § 14-11-101(18) ↗.
- Georgia is one of 47 of 51 jurisdictions that leave the operating agreement optional (statutory default rules apply without one) (4 require an LLC to have an operating agreement).
The rest of what Georgia requires
The figures below are Georgia's, not national averages — each one is the value we verified for this state, with the statute it comes from. Follow a row to the full Georgia page for that document.
- Security deposit cap · as of 2026
- No statutory limit Ga. Code §44-7-34 ↗
- Deposit return deadline · as of 2026
- 30 days after move-out Ga. Code §44-7-34 ↗
- Notice to end a month-to-month tenancy · as of 2026
- 30 days Ga. Code §44-7-34 ↗
- Notice for unpaid rent · as of 2026
- 3 days to pay or quit O.C.G.A. § 44-7-50 (HB 404, eff. 7/1/2024); § 44-7-7 ↗
- Small claims limit · as of 2026
- $15,000 O.C.G.A. §15-10-2(5) ↗
- Where you file · as of 2026
- Magistrate Court (Georgia's small claims court - there is no separately named small claims division) · filing fee Varies by county, roughly $50-$110 all-in (e.g. DeKalb County: $104 filing + $35 service per defendant); fees are set under O.C.G.A. §15-10-80 O.C.G.A. §15-10-2(5) ↗
- Rental application fee · as of July 2026
- No statutory limit Georgia Code ↗
- Bill of sale notarization · as of 2026
- Not required Georgia DOR (Form T-7) / DMV.ORG ↗
- Power of attorney signing · as of 2026
- Notarization required · 1 witness Ga. Code §10-6B-5 (form §10-6B-70) ↗
- Recording a deed · as of 2026
- Clerk of Superior Court (county) · 1 witness O.C.G.A. § 44-5-30 ↗
LLC operating agreement in other states
More Georgia legal forms
Different state? See LLC operating agreements by state →