The limited liability corporation (LLC) is a commercial entity that combines elements of corporate and partnership structures. They can be created in Ohio to earn a profit, or to serve a non-profit purpose. Ohio LLC rules for formation from BizFilings.
Our Ohio guide outlines the requirements needed to create your business as an Ohio LLC. Forms are required for Ohio LLC Formation. Similar to forming an organization, forming the formation of an LLC in Ohio will require completion.
Forming LLCs in Ohio LLC with the state of Ohio (OH) can be simple using our Ohio LLC formation specialists at LawInc.com. It is easy to establish your Ohio LLC. Filing with an LLC is a well-known option to start a business in Ohio. TotalLegal assists in making the start of your Ohio company faster and more efficient. The main question is that how to get an LLC in Ohio.
Six Quick Steps For How To Get An LLC In Ohio?
This guide provides plenty of details on how to set up the Ohio LLC, but you can distill the fundamentals of creating a business in Ohio into a handful of easy steps.
1: Gather Information for Your Members.
2: Search for and Choose a Unique Business Name for Your Ohio LLC.
3: Provide an Official Address for Your Ohio LLC.
4: Assign an Ohio Registered Agent.
5: Request the Employer Identification Number (EIN) via the Internal Revenue Service.
6: Submit Articles of Organization to Secretary of State, Ohio Secretary of State.
What Are Special Types of Ohio LLCs?
There are a few different types of Ohio LLCs you can choose from for your business, but a regular LLC is typically sufficient for most needs.
- Establish a Professional Ohio LLC
- Create an LLC in Ohio for a foreign company.
What to Do After Forming Your Ohio LLC?
- Are you interested in knowing the next steps following the formation of the first LLC within Ohio? We’ve got you covered. This is our step-by-step guide to understand your current needs, setting up banks with new accounts, securing your company’s name, putting accounting up and running, and much more.
- Here are the steps that you have to follow in order to establish the LLC you want to form in Ohio. For more details on how to create an LLC across the country, check out this article from Nolo. How to create An LLC.
1. Choose a Name for Your LLC
- According to Ohio law, LLC’s name must be any among the following names: “limited liability company,” “limited,” “LLC,” “L.L.C.,” “ltd.,” or “ltd.”
- The name of your LLC must be distinguished from the names of other businesses that are already registered in the Ohio Secretary of State. Names can be searched for their availability on the Ohio Secretary of State business name database.
- You can reserve a name for up to 180 days by submitting an application for name reservation(Form 534-B) with the Ohio Secretary of State. The application can be made on the internet or via mail. The fee for filing is $39.
2. Using a Trade Name
- There is no requirement to use the LLC’s legal name as included within the Articles of Organization when you engage in business within the world. Instead, you may use the trade name, which is also known as the assumed name “DBA” (short for doing business under the name of), or a fictional business name.
- In Ohio, you need to apply for a trade name registration in Ohio’s Secretary of State. Ohio Secretary of State. To register, submit an application. Name Registration (Form 534A and the Secretary of State. Online or via mail. The filing cost is and is $39. For more information on the process of registering business names, read Nolo’s article How to Register a Business Name.
3. Appoint a Registered Agent
- Each Ohio LLC must have an agent to handle service of process within the state. It is a person or business entity that agrees to accept legal documents on behalf of the LLC in the event that the LLC is issued. Its authorized agent could be an Ohio resident, or a national or foreign company authorized to conduct transactions in Ohio.
- The registered agent should have an address that is physically located in Ohio. An individual agent can provide an address for a P.O. box for the address of the agent however, the agent must confirm by making sure that the correct box is checked in the company’s charter that the client belongs to not an Ohio resident.
4. File Articles of Organization
The formation of an Ohio LLC is created by filing the Articles of Organization for a Domestic Limited Liability Company (Form 533A) with the Ohio Secretary of State. The articles should include:
- The name of the LLC.
- The effective date of Articles, based on filing or a date later.
- The term of LLCs, if not permanent.
- The purpose of LLC (optional).
- Address, email address, and telephone number.
- The name, address, and the signature of the registered agent, as well as.
- Signature of LLC member manager or LLC member representative.
5. Prepare an Operating Agreement
- The existence of an LLC operating contract is not mandatory in Ohio however, it is highly recommended. An Operating Agreement is a principal document that outlines the rights, powers, obligations as well as the obligations, liabilities, and rights of the members between themselves as well as to the LLC.
- It is important to note that the Operating Agreement is a strictly internal document that is never filed with the Secretary of State. If an existing or newly formed LLC does not sign its operating agreements, the existing articles of incorporation, bylaws as well as its operating agreement or its member control agreement or limited liability agreement with its members will be incorporated into its operating agreement.
6. Comply With Other Tax and Regulatory Requirements
Additional taxes and regulations could be applicable for your LLC. This could include:
- EIN If your LLC is comprised of at least one shareholder, then it should be issued an IRS Employer Identification Number (EIN) even if it does not have employees. If you are forming a single-member LLC, you will need an EIN only if it has employees or you decide to be taxed as a company instead of being a sole proprietorship (disregarded as an entity). You can obtain an EIN by completing your online EIN application through the IRS website (www.irs.gov). There is no cost to file.
- Commercial Licenses: Dependant upon the nature of the business and the location in which it is situated, your LLC may require additional state and local business licenses. To obtain local licenses, inquire with the clerk in the city in which your LLC’s principal place of business is situated (or county if it’s located in an unincorporated region). To find out more about state licenses check out the checklist section of the Start a Business page at business.Ohio.gov. For more information, read Nolo’s post How to Apply for an Ohio Small Business License in Ohio.
- Department of Taxation Department of Taxation for instance, when you employ employees or are selling products that require sales tax you’ll have to sign up at the Ohio Department of Taxation (DOT). For the majority of tax-related purposes, it is possible to register on the internet through OBG Ohio Business Gateway (OBG) or mail the appropriate application (check the OBG website for more information). Ohio also has the Commercial Activity Tax that applies to all Ohio business entities, including SMLLCs. For more details on Ohio LLC tax registration, read Nolo’s article Ohio LLC Annual Filing Requirements.
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