How To Form an LLC In Ohio
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1. Choose a Name for Your Ohio Limited Liability Company
Check for an Available Name for the LLC in Ohio: To form an LLC in Ohio, you will need to start by choosing a name for your LLC. You must be sure to choose a name that is available in Ohio, a name that is not in use by another Ohio LLC. You can search online databases such as the database on the official website of the Ohio Secretary of State at Ohio LLC as well as other official records to make sure that the name that you have chosen is available in Ohio.
Reserve a Name for Your Ohio LLC: You may reserve a name for your LLC before you file Articles of Organization in Ohio. Reserving a name is a good idea if you do not plan to file Articles of Organization right away. You can download the name reservation application online at Ohio LLC. The filing fee will be $50.00 for this application.
Filing for Trademarks Protection and Doing an LLC Name Search: As you search for an available name for your Ohio LLC, you may discover that the name that you have chosen is available in Ohio but is in use by an LLC in some other state. Your use your chosen name may be affected by certain restrictions. If you consult an attorney you can learn how these restrictions may affect you and how you can take steps to trademark your company’s name. To find out more about how to choose a name for your LLC go to how to choose a name for your llchow to choose a name for your llc______.
Ohio LLC Name Requirements: Your LLC name should include the designation "LLC," “L.L.C.,” or "Limited Liability Company." Remember that “LLC” can only stand for “Limited Liability Company,” and not “LLC Corporation, “Limited Liability Corporation,” or anything else that appears to indicate a corporation. LLCs are set up and managed differently than corporations are.
2. Find a Statutory Agent in Ohio
After you choose a name for your LLC, choose a statutory agent who will act as an agent for service of process for your Ohio LLC. Statutory agents receive tax forms, legal documents, and other official notices for LLCs. Note that there are various corporate services companies that offer statutory agent services for a fee of around $75.00 to $150.00.
3. File Articles of Organization with the Ohio Secretary of State
Minimum Requirements for the Articles of Organization: The Articles of Organization that you file for your Ohio LLC must contain the name and purpose of your LLC and the name and address of your statutory agent. The Articles of Organization must be signed by a member of the LLC, the manager, or another authorized person. You can download the form for this document online at Ohio LLC.
Other Ohio Legal Provisions: As you prepare to file Articles of Organization, consider including additional provisions. If you consult a lawyer you can be sure to include the additional provisions that are most important for your company.
Where to Submit the Articles of Organization for Filing: Send your signed Articles of Organization to the Secretary of State, P.O. Box 670, Columbus, OH 43216.
Filing Fee: The fee to file Articles of Organization in Ohio is $125.00.
4. Form an Ohio Limited Liability Company Agreement (Operating Agreement)
After filing Articles of Organization in Ohio, you will want to create an LLC Agreement to govern your LLC. No two LLC Agreements are alike, since each LLC Agreement should be tailored to the specific needs of a company. When you are creating your company’s LLC Agreement, you will need to think about who the initial members will be and how subsequent members will be admitted. How will the members be organized, as a board or as a committee? What will be the forum for disputes? Who will be investing capital in the company? How will money be distributed among the members? What will happen if you eventually decide to sell the company or incorporate? You should also think about the purpose of your LLC when you are creating your LLC Agreement. Was your LLC formed to manage a construction company, a restaurant, or a retail store? Your company’s purpose will influence the details of your LLC Agreement. LLC Agreements can be complex, but if you seek the counsel of a lawyer and an accountant you will be able to draft an LLC Agreement that is in compliance with all state requirements and federal tax laws.
After creating your LLC Agreement, prepare to make securities filings for your LLC, obtain an EIN from the IRS, and obtain a business license in the city where you will be doing business. Note that there are various corporate services companies that can help you make these types of filings for a fee. To find out how to get a business license in your city, go to our online guide at http://www.cityapplications.com/business-licenses.html.
5. Qualify Your Ohio LLC to Do Business in Other States
You will need to find out how to qualify or register your LLC to do business in other states. Your LLC must qualify in order for you to do business in your home state if the main office of the company is located in another state. Most states will require you to pay taxes in your home state whenever you do business in another state. To find out how to qualify your LLC to do business in other states, go to [Qualifying to Do Business in Other States].
6. Make Annual Filings and Pay Annual Taxes in Ohio
The state of Ohio does not require an annual report for your LLC, but you should contact the Ohio Secretary of State if you have any questions about other periodic filings that may be required of you. You are required to file a tax report and pay taxes every year. To find out about the taxes that will apply to your LLC and to download tax forms, go to the official website of the Ohio Department of Taxation at Ohio LLC.
Forming an LLC in Ohio is often a complex process, but if you counsel with an accountant and an attorney you can be confident that an LLC is right for you and that all your paperwork is being processed correctly.
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This site is for informational purposes only and does not constitute legal, financial or tax advise. The information on this site should not be relied upon as an official source of information and should be independently verified.