How Do I Form an LLC in Ohio: Step by Step
Ohio asks for a name, a statutory agent and $99. Here is each step, plus what the state does not require of an LLC.
Ohio makes forming an LLC simple. The state asks for a name, a statutory agent and one filing. That filing costs $99. There is no annual report for LLCs and no operating agreement to file. Here is how to form an LLC in Ohio, step by step, following the state's own form. Not sure an LLC is the right pick? Our page on whether to form an LLC can help you decide. For the general process, see our guide to forming an LLC.
What an Ohio LLC is and when it legally exists
Ohio is clear about when your company becomes real. The state says an LLC is formed when the Secretary of State files its articles of organization. You can also ask for a later start date on the form.
Before that filing is approved, the business entity does not legally exist. So the name you pick and the agent you choose are just plans until the state stamps the form.
Step 1: Choose a name Ohio will accept
Ohio has a few naming rules. The Articles of Organization form says an LLC name must include a word or abbreviation such as LLC, L.L.C. or limited liability company.
What about a name another business already uses? Ohio requires Form 590, Consent for Use of Similar Name, when a business wants a name already in use. And a trade name must be distinguishable upon the records from other registered business names. A name registered with the Secretary of State, such as a corporation or LLC, is automatically protected with that registration.
One more note on timing. Ohio says a cancelled or dissolved name is available on a first come, first serve basis. So an old name can be yours if you file first.
Step 2: Appoint your statutory agent
Ohio requires all business entities to appoint and maintain a statutory agent. The agent receives legal documents for a business and shares them with the business.
Who can serve? A statutory agent can be a natural person who lives in Ohio. It can also be certain business entities that have an Ohio business address. Learn more about what an LLC's registered agent does.
The address rules are strict. A statutory agent address must be the agent's Ohio home or the agent's usual Ohio place of business. Post office boxes and commercial mail receiving agency addresses are not allowed.
The agent signs an acceptance of the appointment on the form. Ohio does not charge a fee for the original statutory agent appointment.
Step 3: File the Articles of Organization and pay the fee
Filing is what brings the LLC into being. Ohio's Articles of Organization for a domestic LLC lists a $99 filing fee.
Where do you file? With the Ohio Secretary of State. If you pay by mail, the form's instructions say to make a check or money order payable to Ohio Secretary of State.
How fast will it go? Regular filings have no additional filing fees. Expedite filings have a guaranteed filing time and additional costs. Ohio lists a $100 fee for Expedite Service 1, charged in addition to the filing fee. So speed costs extra. Compare the state filing fee for an LLC in Ohio with other states before you pay for speed.
Step 4: Handle what the Secretary of State does not issue
The Secretary of State's office is the place for your Articles. It is not the place for several other things, and the state says so plainly.
EIN. The Ohio Secretary of State does not issue tax IDs or EIN numbers. The office directs people to contact the IRS for that information. See our guides on how to get an EIN number and how to apply for an EIN for an LLC.
Business licenses. The Ohio Secretary of State does not issue business or vendor licenses. The Department of Commerce issues certain business licenses. Our page on the business license explains the difference.
Operating agreement. The Secretary of State does not require or record bylaws or operating agreements. These are internal documents for the business to maintain.
Legal advice. The office may not advise you on what type of business entity to form. It suggests consulting an attorney for that.
What Ohio does not require after you form
Here is the good news. Ohio's Secretary of State says business entities in Ohio are not required to file an annual report. So there is no annual LLC report to remember in Ohio.
You do keep one duty. All business entities must appoint and maintain a statutory agent. That duty never ends while the company is active.
Changing your statutory agent or other information later
Things change. Agents move or retire. Ohio's fee schedule lists a Statutory Agent Update form, numbered 521.
File that update when your agent changes. Ohio warns that failing to file a statutory agent change may cause cancellation of the business's articles or its Ohio business license.
Formed in another state? Ohio's fee schedule lists a Registration of a Foreign Limited Liability Company form, numbered 617. That is how an out-of-state LLC signs up to work in Ohio.
If your Ohio LLC stops doing business
Ohio says a business that stops doing business should file the dissolution form for its type of business. For an LLC, the fee schedule lists a Certificate of Dissolution of Limited Liability Company form, numbered 618.
Do not just walk away. File the form and end the company on the record.
That is the whole path. Pick a name with LLC in it. Name an Ohio agent with a real street address. File the $99 Articles of Organization. Then handle the EIN and licenses with the offices that actually issue them.