how to create an llc in ohio without an attorney

by Flo Borer 9 min read

An Ohio LLC is created by filing Articles of Organization

Articles of organization

The articles of organization are a document similar to the articles of incorporation, outlining the initial statements required to form a limited liability company in many U.S. states. Some states refer to articles of organization as a certificate of organization or a certificate of formation. Once filed and approved by the Secretary of State, or other company registrar, the articles of organization legally create th…

for a Domestic Limited Liability Company

Limited liability company

A limited liability company is the US-specific form of a private limited company. It is a business structure that can combine the pass-through taxation of a partnership or sole proprietorship with the limited liability of a corporation. An LLC is not a corporation under state law; it is a legal form of a company that provides limited liability to its owners in many jurisdictions. LLCs are well known for the flexi…

(Form 533 A)
with the Ohio Secretary of State

Ohio Secretary of State

The Ohio Secretary of State is an elected statewide official in the State of Ohio. The Secretary of state is responsible for overseeing elections in the state; registering business entities and granting them the authority to do business within the state; registering secured transactions…

. The article of organization is the official form for applying for an 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.

Forming an LLC in Ohio
  1. Step 1: Choose a name for your LLC. ...
  2. Step 2: Appoint a statutory agent. ...
  3. Step 3: Check if you need an Ohio business license. ...
  4. Step 4: File articles of organization. ...
  5. Step 5: Draft an LLC operating agreement. ...
  6. Step 6: Comply with employer obligations. ...
  7. Step 7: Pay Ohio business taxes.

Full Answer

How do you start a LLC in Ohio?

Start a Limited Liability Company in Ohio 3 The Articles must include the following: 1. The name of the company, which must include one of the following: “limited liability company,” “LLC,” “L.L.C.,” “ltd,” “ltd.,” or “limited.” 2. An original appointment and acceptance of statutory agent. 3.

How do you file for a LLC in Ohio?

Dec 04, 2008 · This may surprise you coming from an attorney who practices in small business law, but the truth is that forming a business entity, including an LLC, is so simple that anyone with a high school degree should be able complete the process without the assistance of counsel. Under Ohio law, an LLC is formed the minute that the Articles of Organization are filed with the …

What are the requirements to become a LLC?

Oct 18, 2021 · LLC formation in Ohio is easy. Just follow these eight steps, and you'll be on your way. 1. Name Your Ohio LLC. You'll need to choose a name to include in your articles before you can register your LLC. Names must comply with Ohio's naming requirements. The following are the most important requirements to keep in mind:

Why you should form a LLC?

Apr 11, 2022 · LLC Ohio - To start an Ohio LLC, you'll need to file the Articles of Organization with the Ohio Secretary of State, which costs $99. You can apply online or by mail. The Articles of Organization is the legal document that officially creates your Ohio limited liability company. Follow our step-by-step How to Start an LLC in Ohio guide to get started today.

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Do you need a lawyer to start an LLC in Ohio?

A common question that many aspiring small business owners have is whether they actually need to hire an attorney to form the business entity they desire, more commonly these days, the LLC. Well, the short answer is no.Dec 4, 2008

How much does it cost to set up an LLC in Ohio?

a $99How much does it cost to form an LLC in Ohio? The Ohio Secretary of State charges a $99 fee to file the Articles of Organization. It will cost $39 to file a name reservation application if you wish to reserve your LLC name prior to filing the Articles of Organization.

How do I set up a single member LLC in Ohio?

You create an Ohio SMLLC by filing Articles of Organization with the Ohio Secretary of State. To complete the articles you'll need to provide the official name of your new SMLLC, the name and address of the SMLLC's statutory agent, the agent's signature accepting appointment, and a few other basic details.

What are the requirements for an LLC in Ohio?

LLC Ohio - To start an Ohio LLC, you'll need to file the Articles of Organization with the Ohio Secretary of State, which costs $99. You can apply online or by mail. The Articles of Organization is the legal document that officially creates your Ohio limited liability company.Apr 11, 2022

Do I need a registered agent for my LLC?

No matter where you're starting your business, if you're forming an LLC or corporation, you're required to have a registered agent and a registered office.May 17, 2019

How long does it take to get a LLC in Ohio?

You can get an LLC in Ohio in 2-3 business days if you file online (or 2-3 weeks if you file by mail). If you need your Ohio LLC faster, you can pay for expedited processing.

Do you have to renew your LLC Every year in Ohio?

Unlike most states, Ohio does not require LLCs to file annual reports.

Does an LLC pay taxes in Ohio?

Under the "Check-the-Box" Regulations LLCs are treated as pass-through entities, which means that the partners (or sole owner) just pay taxes on their individual tax return(s), unless an affirmative election to be taxed as a corporation or an S Corporation is filed with the IRS.Mar 3, 2022

Do I need an LLC to sell online?

Note that you don't need an LLC to start or run your online business. You can form one at any time or not at all, but forming an LLC would just be smarter risk management once you're up and running.Aug 31, 2018

How do I create an LLC?

Steps to Form an LLCChoose a name for your LLC.File Articles of Organization.Choose a registered agent.Decide on member vs. manager management.Create an LLC operating agreement.Comply with other tax and regulatory requirements.File annual reports.Out of state LLC registration.

Do I need an LLC to sell on Etsy?

If you're based in the US, you can either operate your Etsy shop as an unincorporated entity — a sole proprietorship or a general partnership — or you can incorporate and form a corporation or a limited liability company (LLC). Sole proprietorships and general partnerships are the two simplest options.Jul 21, 2016

How do start my own business?

Conduct market research. Market research will tell you if there's an opportunity to turn your idea into a successful business. ... Write your business plan. ... Fund your business. ... Pick your business location. ... Choose a business structure. ... Choose your business name. ... Register your business. ... Get federal and state tax IDs.More items...

What is an LLC?

LLC is short for Limited Liability Company. It is a simple business structure that offers more flexibility than a traditional corporation while pro...

Do I need to get a DBA or Trade Name for my business?

Most LLCs do not need a DBA. The name of the LLC can serve as your company’s brand name and you can accept checks and other payments under that nam...

Can I be my own statutory agent?

Yes. You or anyone else in your company can serve as the statutory agent for your Ohio LLC. Read more about being your own statutory agent.

Is a registered agent service worth it?

Using a professional registered agent service is an affordable way to manage government filings for your Ohio LLC. For most businesses, the advanta...

How long does it take to form an LLC in Ohio?

Filing the Articles of Organization can take up to 7 business days, but processing times vary based on the number of filings received. Expedited fi...

What is the difference between a domestic LLC and foreign LLC?

An LLC is referred to as a "domestic LLC" when it conducts business in the state where it was formed. Normally when we refer to an LLC we are actua...

How much does it cost to start an Ohio LLC?

The cost to start an Ohio LLC is $99. To learn more, read our guide on the cost to form an Ohio LLC.

Do I need to file my operating agreement with the state?

No. The operating agreement is an internal document that you should keep on file for future reference. However, many states do legally require LLCs...

How do I get an EIN if I don’t have a social security number?

An SSN is not required to get an EIN. You can simply fill out IRS Form SS-4 and leave section 7b blank. Then call the IRS at (267) 941-1099 to comp...

What tax structure should I choose for my Ohio LLC?

When you get an EIN, you will be informed of the different tax classification options that are available. Most LLCs elect the default tax status. H...

What are the requirements for an LLC in Ohio?

The specifications required of an Ohio LLC: Registration. LLCs are required to complete and submit Articles of Organization with the Secretary of State. This can be done by mail, online or in person. The Articles of Organization must include the following pertinent information:

How much does it cost to form an LLC?

All submissions must be accompanied by a filing fee that is about $125. An LLC with more than one member is also strongly advised to have a limited liability operating agreement among its members.

What is a registered agent in Ohio?

Registered agents are individuals or corporations authorized to do business in the state and which have permanent addresses in Ohio. Registered agents accept legal documents on behalf of the LLC and make sure its members are notified. 3. Get an Employer Identification Number (EIN) from the IRS.

How long does it take to process a document?

The usual processing time for documents and filing is between three to seven business days. However, if received document volume is dense, processing time may be longer. Expedited processing services are available, which reduce processing time to within four hours. Naming requirements.

How to ensure your LLC name is approved?

However, the easiest way to ensure that your LLC name will be approved is to make it distinguishable from other LLCs and include specific words required of LLCs. You may opt to have a preferred name checked for availability before filing your LLC formation documents with the Secretary of State. Formation requirements.

Is LLC easy to form in Ohio?

LLCs in Ohio are affordable and easy to form. And as with other states, the State of Ohio has some unique LLC requirements. Interested parties must register with the Secretary of State by filing the necessary forms, paying the necessary fees and meeting all naming and formation requirements. The specifications required of an Ohio LLC:

How to file an LLC in Ohio?

Step 1: Create a Profile. Begin by visiting the Ohio Business Gateway, which is the Ohio Secretary of State’s website. If you would rather file the paper form, download the Ohio LLC Articles of Organization (Form 533a) Next, click on “Submit a Business Filing. Create a user profile.

What is LLC in Ohio?

To have an LLC in Ohio, a Statutory Agent (sometimes referred to as a Registered Agent) must be identified. The Statutory Agent can either be a resident of Ohio or a Statutory Agent service. The agent must have a physical address in the state (PO Boxes are not allowed), be available during normal business hours, and act as a point of contact to receive legal documents, tax notices, summons, subpoenas, etc. on behalf of the LLC.

What is a vendor license in Ohio?

Ohio Vendor’s License – Businesses selling products and certain services will need to register for an Ohio Vendor’s License and submit sales tax with the Ohio Department of Taxation. Commercial Activity Tax – Businesses with over $150,000 annually in taxable gross receipts must register with the Commercial Activity Tax.

What are the benefits of a limited liability company?

Besides the liability protection, the Limited Liability Company provides several other benefits over the sole proprietorship, partnership, and corporation because of the multiple tax options, ease of administration, and management flexibility .

What is an operating agreement?

The operating agreement is a document that governs the framework of an LLC. This document covers items like ownership rights, member responsibilities, how profits and losses are distributed, and more. Most states do not require an LLC to have an operating agreement, but it is still worth considering.

What is a professional LLC?

often must file as a Professional Limited Liability Company (sometimes referred to as a Professional LLC or PLLC) instead of an LLC.

What is purpose clause?

Purpose Clause – This is an optional section but would provide some basic information about what the business does. If left blank, the default is “An LLC may be in existence for any and all lawful activity.”. Related: How to Answer the Business Purpose Statement.

How to start an LLC in Ohio?

To start an LLC in Ohio you will need to file the Articles of Organization with the Ohio Secretary of State, which costs $99. You can apply online or by mail. The Articles of Organization is the legal document that officially creates your Ohio limited liability company.

What is the first step in starting an LLC in Ohio?

Choosing a company name is the first and most important step in starting your Ohio LLC. Be sure to choose a name that complies with Ohio naming requirements and is easily searchable by potential clients.

What happens when your Ohio LLC is sued?

When your personal and business accounts are mixed, your personal assets (your home, car, and other valuables) are at risk in the event your Ohio LLC is sued. In business law, this is referred to as piercing the corporate veil.

What is workers compensation insurance?

Workers' Compensation Insurance: A type of insurance that provides coverage for employees’ job-related illnesses, injuries, or deaths. In Ohio, businesses with one or more employees, excluding business owners, are required by law to have workers' compensation insurance.

What is LLC in business?

LLC is short for Limited Liability Company. It is a simple business structure that offers more flexibility than a traditional corporation while providing many of the same benefits. An LLC is one of several business structures, such as a sole proprietorship, partnership, and corporation (C corp and S corp).

What is a statutory agent?

A statutory agent is an individual or business entity responsible for receiving important tax forms, legal documents, notice of lawsuits, and official government correspondence on behalf of your business. Think of your statutory agent as your business's point of contact with the state.

What is a domestic LLC?

An LLC is referred to as a "domestic LLC" when it conducts business in the state where it was formed. Normally when we refer to an LLC we are actually referring to a domestic LLC. A foreign LLC must be formed when an existing LLC wishes to expand its business to another state.

How to file an LLC in Ohio?

An Ohio LLC is created by filing Articles of Organization for a Domestic Limited Liability Company (Form 533A) with the Ohio Secretary of State. The articles must include: 1 the LLC's name 2 effective date of Articles--upon filing or a later date 3 term of LLC's if not perpetual 4 LLC's purpose (optional) 5 address, email, and phone number 6 the name, address, and signature of the LLC's registered agent, and 7 signature of LLC member, manager, or authorized representative

What is LLC in Ohio?

Under Ohio law, an LLC name must include one of the following: "limited liability company," "limited," "LLC," "L.L.C.," "ltd.," or "ltd.". Your LLC's name must be distinguishable from the names of other business entities already on file with the Ohio Secretary of State. Names may be checked for availability at the Ohio Secretary ...

Is an LLC operating agreement required in Ohio?

An LLC operating agreement is not required in Ohio but is highly advisable. The Operating Agreement is the primary document that establishes the rights, powers, duties, liabilities, and obligations of the members among themselves and to the LLC. The Operating Agreement is purely an internal document and is not filed with the Secretary of State. If an existing or newly created LLC does not adopt an operating agreement, its existing articles of organization, bylaws or operating agreement, and/or its member control or limited liability company agreement will collectively become its operating agreement.

What is LLC in business?

A limited liability company (LLC for short) is a way to legally structure a business. It combines the limited liability of a corporation with the flexibility and lack of formalities provided by a partnership or sole proprietorship.

Does an LLC have to have an agent in Ohio?

Every Ohio LLC must have an agent for service of process in the state. This is an individual or business entity that agrees to accept legal papers on the LLC's behalf if it is sued. The registered agent may be a Ohio resident or a domestic or foreign corporation authorized to do business in Ohio.

How to register a business in Ohio?

Starting a Business. 1. First, register with the Ohio Secretary of State. Registration information as well as forms are available online or at (877) SOS-FILE. 2. Obtain a federal Employer Identification Number (EIN).

Where is the Ohio Business Resource Connection located?

The Ohio Secretary of State’s office hosts the Ohio Business Resource Connection located at OhioSoS.gov/BusinessResources. The Resource Connection is a directory of services for all Ohio businesses and includes specific services for woman, minority, disability and military or veteran owned businesses.

What is the Ohio Business Gateway?

The Ohio Business Gateway ( Business.Ohio.gov (opens in a new window)) Licenses and Permits page provides a list of professional licenses and business permits necessary to do business in Ohio. Contact your county and local government to determine if any special requirements exist for your type of business.

What is LLC in Ohio?

An Ohio Limited Liability Company (LLC) is a legal business structure created by chapter 1705 of the Ohio state code. An Ohio LLC can be used to run a business or it can be used to purchase and hold assets, like cars, boats, aircraft, and real estate. The purpose of starting an LLC in Ohio is for personal liability protection.

What happens if a business is sued?

If your business is sued, your personal assets – (like your home, cars, and bank accounts) – are safe and protected. For example, if someone slips and falls inside a building owned by your Ohio LLC (and they file a lawsuit) the court can only go after the assets of your LLC, not your personal assets.

What is a Statutory Agent?

The Statutory Agent is the person or company responsible for receiving legal mail (such as notices of lawsuits and court documents) sent to your LLC. If your LLC fails to maintain a Statutory Agent in Ohio, the Secretary of State may take away its good standing status.

What is a federal tax ID number?

A Federal Tax ID Number is issued by the IRS to your LLC as its “identification number” (just like how a social security number is used to identify a person). Other names: Employer Identification Number (EIN), Federal Tax ID Number, and Federal Employer Identification Number (FEIN).

Does an LLC have to file a separate tax return?

Any profits/losses your LLC incurs will be listed in your personal tax return on a Schedule C. Unlike a Corporation, an LLC does not file a separate federal return with the IRS.

How to start a business in Ohio?

To officially start a business in Ohio you need to come up with a name for your limited liability company (LLC). You need to decide on a name that conveys the essence of your business to investors and consumers. This name should also be searchable on websites like Google, so that your customers can find you online. You also might want to copyright the name, so make sure that it’s not already in use by another company. The name needs to include the term “LLC” in one way or another. You can add Limited Liability Company, limited, or ltd at the end. Remember to stay away from certain legal terms like “college” or “bank”, as you’ll need to file extra paperwork to use these.

What is a certificate of good standing?

A certificate of good standing means that your company has successfully met all the state’s legal requirements, including registering the with state, obtaining all the necessary forms and permits, and registering with the state tax office. You will need this certificate going forward if you plan on reaching out to investors. The state may change your legal status at any time. You can monitor the state of your business’s legal status by using the state’s filing notification system. Once you sign up, you will be notified immediately if something has changed.

Here are the basic rules for forming professional limited liability companies (PLLC) in Ohio

As a licensed professional in Ohio you can structure your business as an Ohio limited liability company (LLC). This will give you protection from several important types of liability. It also may provide certain tax advantages compared to other ways of structuring your business.

What is a Professional Service?

Under Ohio law, a professional service is a service requiring a state license, certificate, or other legal authorization, and is provided by:

Naming Restrictions

The name of an Ohio PLLC must include the words "limited liability company" without abbreviation or one of the following abbreviations: "LLC," "L.L.C.," "limited," "ltd.," or "ltd".

Service and Membership Restrictions

Ohio law allows you to form PLLCs that provide either one professional service or specified combinations of several professional services. All members of an Ohio PLLC who provide professional services for the PLLC in Ohio must be licensed by the State of Ohio to provide those services.

Operating Agreement

You should make sure you have an operating agreement for your PLLC. Unlike professional licenses, articles of organization, naming restrictions, and service restrictions, this is not a state requirement.

A PLLC Will Not Protect You From All Liability

Forming your professional service business as a PLLC will protect you personally from:

Additional Information

For more information on the requirements for forming and operating an LLC in Ohio, such as those relating to annual reports and taxes, see Nolo's article 50-State Guide to Annual Report and Tax Filing Requirements for LLCs, along with the other articles on LLCs in the LLC section of the Nolo website.

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