How to Start an LLC in Ohio

A limited liability company (LLC) is a common choice for new and small business owners, and for good reason. LLCs are relatively easy to form and maintain, and they provide LLC owners with personal liability protection from business debts and lawsuits. If you're looking to form an entity that provides flexibility in terms of ownership, management, and taxation, an LLC might be a good fit for your business.

Here are the steps you need to take to form an LLC in Ohio. (For more information on how to form an LLC in any state, see our article on how to start an LLC.)

1. Choose a Name for Your Ohio LLC

When you start your company, you'll need a name for your LLC. Ohio has laws around naming your LLC that you should be aware of before selecting your business name.

LLC name must be distinguishable. You should choose a unique name for your LLC. Ohio law requires that your LLC's name be distinguishable from the names of other business entities already on file with the Ohio Secretary of State (SOS). In other words, your business name must be different from any other business name that's been registered in Ohio. You can check to see whether the name you want for your business is available on the SOS's business name database. (Ohio Rev. Code § 1706.07 (2024).)

LLC name must include an entity designator. In addition to being distinguishable, your LLC's name must include an entity designator to show that your business operates as an LLC. Under Ohio law, an LLC name must include one of the following:

• "limited liability company"
• "LLC"
• "L.L.C."
• "ltd."
• "ltd," or
• "limited."

(Ohio Rev. Code § 1706.07 (2024).)

Name reservation. If you've chosen a name but aren't ready to register your business with the SOS, you can reserve your business name until you're ready to file your articles or organization. You can reserve an available business name for 180 days by filing a Name Reservation application (Form 534B) with the SOS. You can mail Form 534B to the SOS or file your reservation online through Ohio Business Central. As of 2024, the filing fee to reserve a business name is $39. (Ohio Rev. Code § 1706.07 (2024).)

Using a trade or fictitious name. You don't have to use your LLC's official legal name registered in your articles of organization when you do business out in the real world. Instead, you can use a trade name or a fictitious name—also called an "assumed name" or "DBA" (short for "doing business as"). Ohio's laws are a little unusual when it comes to trade names and fictitious names. In short, a business uses a fictitious name when it can't or doesn't register its trade name. But both types of names serve the same purpose: an alternative name to a business's legal name. If you use an alias for your business, you must register the alias as a trade name or fictitious name. (Ohio Rev. Code § 1329.01 (2024).)

Register your trade name or fictitious name by filing a Name Registration application (Form 534A) with the SOS. You can also file your application through Ohio Business Central. As of 2024, the filing fee is $39.

For more details, see the SOS's guide to name availability.

2. Appoint an Ohio Registered Agent

Every Ohio LLC must have an agent for service of process in the state. This agent is an individual or business entity that agrees to accept legal papers on the LLC's behalf—for example, if someone sues the company. In most states, this person or entity is known as the "registered agent," but in Ohio law, the more common term is "statutory agent."

The statutory agent can be either:

• an Ohio resident, or
• a domestic or foreign business entity authorized to do business in Ohio.

You'll officially appoint your statutory agent when you file your articles of organization with the SOS. The designated agent must give their signed consent to be your LLC's statutory agent.

(Ohio Rev. Code § 1706.09 (2024).)

3. File Articles of Organization

You can create an Ohio LLC by filing Articles of Organization with the SOS. The articles must include:

• the LLC's name, and
• the name, address, and written acceptance of the LLC's statutory agent.

(Ohio Rev. Code § 1706.16 (2024).)

You can file the articles online with Ohio Business Central or by mail using Form 610. As of 2024, the filing fee is $99.

The Ohio SOS provides a business forms and fee schedule webpage where you can access the forms you need to create your LLC.

4. Prepare an Operating Agreement

Ohio doesn't require an LLC to have an operating agreement. While not legally required, the initial LLC members should create an agreement to govern the LLC's affairs. The operating agreement is purely an internal document; you don't need to file it with the SOS.

In general, your operating agreement should cover:

For help creating an LLC operating agreement, check out Form Your Own Limited Liability Company, by Anthony Mancuso (Nolo) or use our online LLC formation service. You can also work with a local attorney to help you create an operating agreement.

5. Get an EIN & Comply With Other Tax & Regulatory Requirements

Other tax and regulatory requirements might apply to your LLC. For example, your LLC might need to obtain an EIN, apply for business licenses and permits, and register for business taxes. If you need help figuring out or fulfilling your tax and regulatory requirements, consider speaking with an Ohio business attorney.

EIN. If your LLC has more than one member, it must obtain a federal employer identification number (EIN), even if it has no employees. If you form a single-member LLC, you must obtain an EIN for your LLC only if either you elect to have your business taxed as a corporation instead of a sole proprietorship (disregarded entity) or your single-member LLC has employees. You can obtain an EIN by completing an online EIN application on the IRS website. There's no filing fee.

Business licenses. Depending on your business activities and location, your LLC might need to obtain other local and state business licenses. For local licenses, check with the clerk for the city where the LLC's primary place of business is located (or county if it's in an unincorporated area). For state license information, consult the checklist on Ohio's start a business webpage. For more information, read our article on how to get a small business license in Ohio.

Ohio Department of Taxation. If you have employees or will be selling goods and collecting sales tax, you'll need to register with the Ohio Department of Taxation. For most tax purposes, you can register online through the Ohio Business Gateway (OBG) or by mail using the correct form. For more information on Ohio LLC tax registration, read about LLC annual filing requirements in Ohio.

If you're unsure about which taxes you should register for or need help applying for licenses and permits, talk to a tax professional or local attorney. See our article on forming an Ohio business for additional guidance on the startup process.