Form an LLC in Ohio

If you want to start your own Limited Liability Corporation in the state of Ohio, you have to be sure to meet the requirements for obtaining a proper business name, filing the correct paperwork, and registering with the Secretary of State. Different US states may have slightly different processes for incorporating an LLC, so be sure that you are aware of the proper requirements for the state in which you wish to file.

Steps

Preparing to File Your LLC

  1. Choose a company name. The first and most important step of the LLC formation process is to choose a name that fits your industry and brand you will creating best. Once you have choose the name you would like, you should make sure to check to see if it has already been registered in the Ohio LLC Search. The full name of your company must include one of the following after the name you choose:[1]
    • limited liability company
    • LLC
    • L.L.C.
    • ltd
    • ltd.
    • limited
  2. Register your chosen name. A trade name or fictitious name can be registered by filing a Name Registration (Form 534A). The form can be found on the Secretary of State’s website here.
    • You can reserve a name for 180 days by filing your Name Registration.
    • The application must be filed by mail and include a $50 filing fee.
    • It’s best to wait to order anything bearing your chosen name or register a website until you have gotten approval for the name from the Secretary of State’s office.[1]
  3. Complete the Articles of Organization.[1] The articles of organization is the official form for applying for a LLC in the state. Completely fill in the document either on the computer or print out and fill in with black ink and send in by mail. The filing fee for Articles of Organization is $125. To file for articles, you must include:
    • The LLC’s name and address
    • The name, address, and signature of the LLC’s registered agent
    • The LLC’s period of duration (if no duration is supplied, then it will be assumed to be perpetual)
    • The dissolution date, if applicable
  4. Appoint a statutory agent. All LLCs are required to appoint a statutory agent at the time of filing for Articles of Organization.[2] This is a person designated by the LLC to accept legal process (any notice or demand that is served upon the company).
    • The agent can be any adult who is a legal resident of the state,[3] but a corporate lawyer may be able to recommend someone who serves as statutory agent for multiple companies. Additionally, you can search online for "statutory agent service providers in Ohio" and find an agency which provides agents.
    • The agent is responsible for sharing information about any legal process with the company.

Filing Your Paperwork

  1. Use the pre-clearance filing option. [4] If you are worried that your LLC filing will not be accepted, you can submit your paperwork for preclearance filing, which can allow the Secretary of State’s office to advise you as to the the acceptability of a proposed filing. This may be a good option if you are preparing your LLC paperwork yourself for the first time, without legal consultation. Be sure to select "Preclearance Filing" on the form.
    • The fee for preclearance filing is $50, and checks should be made out to the "Secretary of State."
    • Submit your Preclearance filing in person at 180 E. Broad St., Suite 103, Columbus, OH, 43215 or mail it to P.O. Box 670, Columbus, OH 43216.
    • Pre-clearance should be completed within 1-2 business days.
  2. Select Regular Service to save money. The service type you select specifies how quickly your paperwork will be processed. There is no fee in addition to the required filing fee if you select regular service. The filing will be processed in 3-7 business day, depending on the volume of filings at the time that you file.[1]
    • Pay the filing fee of $125 made out to the “Secretary of State”
    • Mail document and filing fee to P.O. Box 670, Columbus, OH 43216.
  3. Indicate Expedited Service 1 for faster processing. You can select this option if you would like for your paperwork to be processed within 2 business days.
    • In addition to the $125 filing fee, an expedite fee of $100 should be included.
    • Expedited Service 1 filings can be mailed to the following address:
      • Ohio Secretary of State, Business Services Division. PO Box 1390. Columbus, Ohio 43216.
    • Clearly mark your envelope with “EXPEDITE.”
  4. Choose Expedited Service 2 for processing in one business day. If you need for your business incorporation to happen within a day, you can select this option. There are additional fees required for expedited service. [1]
    • In addition to the $125 filing fee, an expedite fee of $200 should be included.
    • Expedited Service 2 is only available for customers who hand-deliver the document to the Client Service Center, located at 180 E. Broad St., Suite 103, Columbus, OH, 43215.
  5. Opt for Expedited Service 3 if you have an immediate need for incorporation. This option is more expensive, but it allows for your paperwork to be processed within 4 hours of receipt by the office. [1]
    • In addition to the $125 filing fee, an expedite fee of $300 should be included.
    • Expedited Service 3 is only available for customers who hand-deliver the document to the Client Service Center, located at 180 E. Broad St., Suite 103, Columbus, OH, 43215.
    • The 4-hour window can only be honored if the paperwork is delivered before 1:00PM. If delivered after 1PM, the filing will be available the next business day.

Setting Up Your Business

  1. Wait for your LLC to be approved. You will have to wait for your LLC to process and be mailed back to your registered office address.
  2. Establish an operating agreement. An operating agreement will establish the way in which the owners of your LLC will share income and liabilities. It can protect single-owner LLCs from personal liability.[5] The agreement should include:[5]
    • All members' names
    • The rights and responsibilities of each member listed
    • Descriptions about procedures about voting or management of disagreements among members
    • Provisions for member buyouts
    • A description of how the LLC will be managed
  3. Get an EIN Number. [1]If you are looking to open a business bank account or have more than 1 member then you will be required to have a Tax ID number.
  4. Apply for business licenses. [1] In addition to incorporating your business, you need to obtain any local or state licenses required for doing business in the state of Ohio. The nature of your company and your location will influence the types of licensing you will be required to maintain.

Tips

  • Be sure to register any LLCs that are organized outside of the state of Ohio but doing business in Ohio with the Secretary of State.
  • Consult this guide to starting an LLC in Ohio.
  • Find information about the filing fees in Ohio on the 533 form.
  • It is highly recommended that you have an LLC Operating Agreement.
  • You must be at least 18 years of age to file for an LLC or act as a statutory agent.

Related Articles

  • Form an LLC in Delaware
  • Form an LLC in Georgia
  • Form an LLC in Maryland
  • Form an LLC in Alaska
  • Form an LLC in Maine

Sources and Citations

  1. ↑ 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 https://www.sos.state.oh.us/sos/upload/publications/busserv/llc.pdf
  2. ↑ https://www.harborcompliance.com/information/ohio-registered-agent
  3. ↑ http://codes.ohio.gov/orc/1705.06
  4. ↑ https://www.harborcompliance.com/information/how-to-form-an-llc-in-ohio
  5. ↑ 5.0 5.1 http://www.nolo.com/legal-encyclopedia/llc-operating-agreement-30232.html

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