The Limited Liability Company (LLC) is a smart entity choice for many start-up businesses. The LLC provides personal liability protection and has the potential to save money on taxes. With a little research, you can learn how to form an LLC in Ohio without an attorney.
Unlike a sole proprietorship or partnership where the small business owner can be personally liable for lawsuits against the business, the LLC is a separate legal structure, protecting for the business owner’s personal assets.
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.
Forming an LLC in Ohio can be both affordable and is simple enough for most people to start on their own. That said, it’s not a bad idea to have a legal professional like While the filing is pretty straightforward, it’s nice to have some support if you have questions, alerts when the annual report is due, forms like operating agreements, banking resolutions and more. There are companies like IncFile, Swyft Filings and others that do all of this for only $49.
To form a Limited Liability Company in Ohio, file the Articles of Organization with the Ohio Secretary of State. The LLC filing fee is $99.
Approval for the LLC is typically around one week. The application can be expedited for a fee. The cost to register in 2 business days is an additional $100, 1 business day is an additional $200 and 4 business hours is an additional $300.
If you have questions, contact the Ohio Secretary of State.
HOW TO FILE THE ARTICLES OF ORGANIZATION AND FORM An OHIO LLC
The steps for filing online or by mail are largely the same. The screenshots show how to file online.
- Begin by visiting the Ohio Secretary of State’s website.
- Next, click on “Submit a Business Filing
- Create a user profile.
- Then select “File a New Business or Register a Name”
- Click on the drop-down menu “Forms available to file online” and select “Limited Liability Company (Ohio) $99” There is an option for “Limited Liability Company (Non Ohio) and this is for a foreign LLC which means it is an LLC from out-of-state wanting to do business in Ohio. Click “Continue” to proceed.
Search Available Names
Enter the name you want for the LLC. The name of the LLC also has to differ from other entity names registered with the Secretary of State. If you aren’t ready to file yet, you can check on available Ohio LLC names to be sure the one you want is available. If the name you want to use is considered similar to another, you can file for a Consent for Use of a Similar Name form and add the form as an attachment in a later page.
The name of the LLC must include one of the following designators at the end of the business name:
- Limited Liability Company
A comma may be used after the business name and before the designator. “Cowboy Cleaners LLC” and “Cowboy Cleaners, LLC” are both acceptable.
Even if the name you select is available, it isn’t final until the Secretary of State manually searches to see if anyone else is using it.
If the initial search comes back as available, click on “Continue” to proceed.
Name of Company – Assuming it was available, enter the name from the previous screen.
Effective Date – If you want the LLC to start as soon as it is filed, choose the next available date. If you want to LLC to start later, enter a date less than 90 days in the future to start. The main reason for delaying the LLC start date is when the filing is being done close to the end of a calendar year and the business isn’t going to have any activity until the start of the year. By delaying until the following year they will reduce the number of end-of-year filings.
Period of Existence – In this section, you can indicate how long it will remain in existence. Most LLCs will choose a “Perpetual” duration as they plan to operate indefinitely, however, some businesses (usually investment related) will have a specific closure date.
Purpose – Select whether your LLC is a non-profit or for-profit.
Purpose Clause – This is an optional section, but would be used to 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”
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 Statutory Agent must have a physical address in the state (PO Boxes are not allowed) and act as a point of contact to receive legal documents, tax notices, summons, subpoenas, etc on behalf of the LLC.
Even though the business owner can be the Statutory Agent, their name and address become public record and with that comes a loss of privacy. This is more important for some entrepreneurs, especially when they are doing business from home.
The Statutory Agent must also provide consent they consent to be the agent for this LLC.
This is an optional section and not used by most LLCs. Here you would include additional rules for the operation of the LLC.
Some reasons to add an attachment would be in the following situations:
- The business name you have selected is already in use in Ohio.
- The business information would not fit in the text fields provided on this system and you need additional space to provide additional information.
- There are 4 or more representatives signing the Articles of Organization.
Have a member(s), manager(s) or other organizers enter their name. Anyone who signs certifies they have the authority to sign on behalf of the LLC.
Review that all the information is correct.
Pay and File
Pay and file the Articles of Organization.
In approximately one week if filing normally, the LLC will be approved.
That concludes the basics of forming an LLC in Ohio. Remember, even though you can do it yourself, there is more to an LLC than just the filing. If you have questions, work with an attorney or a specialized entity formation company such as IncFile or Swyft Filings to make sure everything is done correctly.
While not required, an Operating Agreement is recommended in many cases. An Operating Agreement is a legal document outlining the roles and responsibilities for the members of the LLC. Read more about when an LLC needs an Operating Agreement.
After filing the LLC, be sure to register for an Employer Identification Number (EIN) with the Internal Revenue Service (IRS). The EIN is basically a social security number for a business and will be needed before opening a business bank account. There is no cost to apply and it takes about 5 minutes to get. See how to apply for an EIN.
Last, before starting a business in Ohio, you may still need to apply for business licenses, sales tax permits, self-employment taxes and more in Ohio. See the Guide to Starting a Business in Ohio for more information.