As a lawyer, my advice for starting a business in Ohio is to have the following legal documents in place:
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Business Plan: This document outlines your business goals, strategies, and how you plan to achieve success. It is not a legal requirement, but it is highly recommended to have a business plan in place for your company's long-term success.
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Articles of Incorporation or Articles of Organization: This document formally creates your business entity, whether it is a corporation, limited liability company (LLC), or another type of entity. It must be filed with the Ohio Secretary of State's office and must include details such as the company name and purpose, a registered agent, and the number and type of shares issued.
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Operating Agreement or Bylaws: This document outlines the rules and procedures for running your business, such as how managerial decisions will be made and how profits and losses will be allocated among members.
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Tax Forms: Depending on the type of entity you have, you will need to file various tax forms with the Ohio Department of Taxation and the IRS. Examples include a federal Employer Identification Number (EIN) application, Ohio Sales and Use Tax Registration, and Ohio Commercial Activity Tax registration.
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Employment Agreements: If you plan to hire employees, you will need to have a written employment agreement in place that outlines the terms of employment, such as job duties, salary, and benefits.
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Intellectual Property Agreements: If your business creates original works, such as trademarks, patents, or copyrights, it is vital to have agreements in place protecting your intellectual property rights.
It is essential to consult with a licensed attorney in Ohio to ensure that all legal requirements and regulations are met. Limitations or exceptions may apply depending on the unique circumstances of the business.
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