Every state has its own rules for forming an LLC (Limited Liability Company), including Ohio. Knowing Ohio’s LLC formation requirements will help you decide if you want to form your LLC there. And, if the answer is yes, you’ll be better prepared to navigate the filing process.
Naming your OH LLC
Your LLC’s name must contain one of the following: limited liability company, LLC, L.L.C., ltd, ltd., or limited. Plus, it must be distinguishable from the name of any other domestic corporation, licensed foreign corporation, limited liability company, limited liability partnership, limited partnership or trade name previously registered with the Secretary of State. It must not contain language implying it is connected with a government agency of the United States. Use of the words "Bank" or "Trust" requires approval from the Superintendent of Banks, and use of the word "Insurance" requires approval from the Department of Insurance.
The following are Ohio’s requirements for the members and managers of LLCs:
- Minimum number. LLCs must have one or more members.
- Residence requirements. Ohio does not have a provision specifying where members and managers must reside.
- Age requirements. Ohio does not have age requirements for members or managers.
- Inclusion in the Articles of Organization. Member/Manager names and addresses are not required to be listed in the Articles of Organization.
Requirements for the Articles of Organization
You form an Ohio LLC by filing Articles of Organization and paying the required fee. The information required in the formation document varies by state. Ohio's requirements include:
- Appointment of the initial Statutory Agent and the Statutory Agent’s acceptance of that appointment
- Ohio provides an option to receive email notification when there is any activity with respect to your LLC. This is an important safeguard to prevent business identity theft.
- The Articles can be signed by a member, manager, or other authorized representative.
Registered agent (Statutory Agent)
Ohio uses the term statutory agent to refer to the person or corporation that you designate to accept any legal process, notice or demand that is served upon the LLC who has is responsible for sharing this information with it. You must list the name and street address of your LLC on your Articles of Organization. (A post office box is not acceptable as an address.) Your agent must be available during normal business hours to accept important legal and tax documents for the business. Under Ohio law, the agent must accept the appointment.
Professional services businesses
Ohio does not allow professionals, such as accountants, attorneys or physicians to form a professional limited liability company (PLLC).