To form a Limited Liability Company (LLC) in Ohio, there are several steps that need to be taken:
- Choose a Name: The first step in forming an LLC in Ohio is to choose a name for the company. The name must conform to state law, which requires that it be distinguishable from other business names already registered with the Ohio Secretary of State.
- File Articles of Organization: Once a name has been chosen, the next step is to file Articles of Organization with the Ohio Secretary of State. The Articles of Organization must include the name of the LLC, the purpose of the LLC, the duration of the LLC (if not perpetual), and the name and address of the LLC's registered agent.
- Obtain an EIN: Every LLC in the United States must obtain an Employer Identification Number (EIN) from the Internal Revenue Service (IRS). This is also known as a Tax ID number. This number is necessary for filing taxes and opening a bank account for the LLC.
- Prepare an Operating Agreement: Although not required by law in Ohio, it is highly recommended that an LLC have an operating agreement. An operating agreement is a legal document that outlines the rights and responsibilities of the LLC's members, including how profits and losses will be allocated.
- Register with the Ohio Department of Taxation: Depending on the nature of the business, it may be necessary to register with the Ohio Department of Taxation to obtain a vendor's license, sales tax account, or other tax-related licenses and permits.
Potential limitations or exceptions to the advice given may vary depending on the specific circumstances of the LLC. For example, if the LLC has foreign members or conducts business outside of Ohio, there may be additional requirements or restrictions that apply.
It is always recommended to consult with a licensed attorney for specific legal advice regarding the formation of an LLC in Ohio.
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