Difference between revisions of "Form an LLC in Ohio"

# 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 [http://www2.sos.state.oh.us/pls/bsqry/f?p=100:1:3218236178895876 Ohio LLC Search]. The full name of your company must include one of the following after the name you choose:<ref name="rf1"> https://www.sos.state.oh.us/sos/upload/publications/busserv/llc.pdf</ref>

#*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.<ref name="rf1" />

#Complete the [http://www.sos.state.oh.us/sos/upload/business/forms/533a.pdf Articles of Organization].<ref name="rf1" /> 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:

#Appoint a statutory agent.  All LLCs are required to appoint a statutory agent at the time of filing for Articles of Organization.<ref name="rf2">https://www.harborcompliance.com/information/ohio-registered-agent</ref>  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,<ref name="rf3">http://codes.ohio.gov/orc/1705.06</ref> 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.  

#Use the pre-clearance filing option. <ref name="rf4">https://www.harborcompliance.com/information/how-to-form-an-llc-in-ohio</ref> 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 [https://sbdcwsu.files.wordpress.com/2012/06/533a.pdf form].  

#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.<ref name="rf1" />  

#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. <ref name="rf1" />

#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. <ref name="rf1" />

#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.<ref name="rf5">http://www.nolo.com/legal-encyclopedia/llc-operating-agreement-30232.html</ref>  The agreement should include:<ref name="rf5" />

#Get an EIN Number. <ref name="rf1" />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.

#Apply for business licenses. <ref name="rf1" /> 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.