Get an LLC in Ohio

Quick facts about forming an Ohio LLC

Item	Details
Filing Fee	$99
Processing Time	Regular processing takes about 3 to 7 business days. Expedited service is available for an extra fee.
Annual Report Fee	None
Statutory Agent Required	Yes, a statutory agent (called a registered agent in other states) with an Ohio street address
State Franchise Tax	None for LLCs
Business License	No statewide general license, but local permits may be needed
Managing Authority	Ohio Secretary of State

An entrepreneur can organize their business in a variety of ways. One popular way is with an LLC or a Limited Liability Company. A Limited Liability Company (LLC) is a type of company structure that creates a “limited liability” structure to reduce your personal liability in case the business fails. Ohio has allowed LLCs since 1994; today they are governed by the Ohio Revised Limited Liability Company Act (ORC Chapter 1706). 

This is similar to how a corporation operates, but it simultaneously allows the company to be regulated like a partnership. Members of an LLC are the people who own the limited liability company, which can be likened to the way shareholders own parts of a corporation. 

How to start an LLC in Ohio in 5 simple steps

The specifics of forming an LLC differ between states; here’s what you should know about how to start an LLC in Ohio. 

Here are the steps you’ll need to take in order to get your LLC in Ohio.

1. Name your Ohio LLC
2. File articles of organization
3. Choose a statutory agent
4. Create an operating agreement
5. Apply for an EIN

Below, you’ll find a detailed explanation to walk you through each step.

Step 1: Name your Ohio LLC

First, choose your business’s name. Your Ohio LLC should have a unique, one-of-a-kind name that is easily recognizable that distinguishes you from your competitors. If your name is too close to the name of another business, you could be subject to a trademark infringement claim. If your name is different enough not to trigger a lawsuit but still somewhat similar to a competitor’s, you may get overlooked by potential customers. 

Although you can change your business name later on, it can be difficult to do, especially after you’ve already set up a number of accounts and filed several forms with your chosen business name. Make sure it’s something you like that does a good job of describing your products or services and how you’re bringing something new and different to the table from your competitors. 

Reserve a business name

First, make sure the name you want for your business is available in Ohio. You can determine its availability using the online business search tool on the Ohio Secretary of State’s website. If your desired name is available, you can then start the reservation process. Follow the link if you want to know more on how to do an Ohio business search.

You can reserve an available name for 180 days for $39 by filing Form 534B online through Ohio Business Central or by mail. 

File a DBA (if you use another name)

If your LLC will do business under a name other than its legal name, you’ll need to file a DBA Ohio. Many businesses operate without one. If you do use another name, Ohio requires you to register it as a trade name or report it as a fictitious name within 30 days of first using it. This is a separate filing from your articles of organization.

Why Would You Need a DBA?

A DBA lets an LLC or other business operate under a name other than its legal name. For example, an LLC might use a DBA for a new product line or a separate storefront.

How to File a DBA in Ohio

LLCs register a trade name or fictitious name with the Ohio Secretary of State on Form 534A ($39), online or by mail. A trade name lasts 5 years and can be renewed for $25. You’ll want to have already determined that your desired DBA name isn’t already taken by another business, just as you’ve done for the formal name of your company. 

Registering your name for trademark

Next, you should register your business’s name, logo and any relevant product or service names for trademark. However, you can’t necessarily trademark general, everyday things. For example, an ice cream company cannot trademark “vanilla” as an ice cream flavor unique to their brand. 

However, you can trademark unique versions of these words, so other companies cannot use them in their own marketing materials. Using the example above, this ice cream business might call their vanilla ice cream “Obscene Vanilla Bean” and make it unique by using various food coloring to create a bright, neon ice cream mix that tastes the same as traditional vanilla but is unique to the company that serves this version. 

You can register your company’s name, slogans, and any unique product or service titles or descriptions that are exclusive to your brand. This protects your intellectual property from being used by other companies, particularly your direct competitors.  

What Is a trademark?

Trademarks are addressed by Ohio Revised Code Section 1329.54(A) and defined as “any word, name, symbol, device, or combination of any word, name, symbol, or device, that is adopted and used by a person to identify and distinguish the goods of that person, including a unique product, from the goods of other persons, and to indicate the source of the goods, even if that source is unknown.” 

What is a service mark?

Service marks are similar to trademarks but are inherently separate, as defined by Ohio Revised Code Section 1329.54(B). A service mark is “any word, name, symbol, device, or combination of any word, name, symbol, or device, that is adopted and used by a person to identify and distinguish the services of that person, including a unique service, from the services of other persons and to indicate the source of the services, even if that source is unknown.” 

Benefits of trademarks and service marks for businesses in Ohio

There are two primary benefits to registering a service mark or a trademark with the Ohio Secretary of State. First and foremost, doing so gives public notice of your claim to the mark. When you register your trademark or service mark with a governing agency, it becomes available to the public for review. 

At this time, any conflicts with service marks or trademarks already in existence will typically arise and can be settled before the company moves forward with their mark. The second benefit is that a registration is evidence of your rights if you need to stop someone else from using the mark. 

Step 2: File articles of organization

The second step in starting an LLC in Ohio is filing articles of organization. Articles of organization (Form 610) are a short form that creates your LLC, so it’s important that you spend the time and effort necessary to ensure they are completed and filed properly.  

What are articles of organization?

Articles of organization are the legal document you file with the Ohio Secretary of State to start a limited liability company (LLC) in Ohio. The authority, rights and responsibilities of the LLC’s members are usually set out in the operating agreement instead. If there are ever any discrepancies or disputes between LLC members, the first step in resolving the matter is usually to review the LLC’s operating agreement. 

State requirements for articles of organization in Ohio

The requirements for filing articles of organization in Ohio include: 

• The LLC’s name, ending in LLC, L.L.C., limited liability company, limited, ltd. or ltd
• Your statutory agent’s name and Ohio address, plus the agent’s signed acceptance
• The organizer’s signature

A purpose clause and a delayed effective date are optional. Form 610 doesn’t ask for a list of members.

How to file articles of organization

File your company’s articles of organization with the Ohio Secretary of State online through Ohio Business Central or by mail. Regular processing takes 3 to 7 business days; expedited service costs $100 (2 business days), $200 (1 business day) or $300 (4 business hours) on top of the $99 fee. After they’ve been approved, these articles become the legal foundation for the operation of your LLC as a registered business entity. 

At this time, your company is bound by the Ohio state laws under which your business was formed. Your operating agreement can then add rules tailored to the unique needs of your business. 

State fees

Several costs are associated with filing various forms for your business with the Ohio Secretary of State. Some of the most common Ohio LLC cost items that LLC owners encounter when filing with the state include the following (see the Secretary of State’s fee schedule for the full list):

• Articles of Organization (Form 610): $99
• Name reservation (180 days): $39
• Trade or fictitious name registration: $39
• Statutory Agent Update: $25
• Certificate of Amendment: $50
• Certificate of Dissolution: $50
• Reinstatement: $25
• Expedited service (optional): $100 to $300

Step 3: Choose a statutory agent (“registered agent”)

Next, you should select a statutory agent in Ohio. No matter which state you’re living in or doing business in, you don’t have the choice to opt out of having one.

What Is a statutory agent?

A statutory agent in Ohio is the person named in your articles of organization who is designated to receive official communication on behalf of your business. Each registered business in the state of Ohio is mandated by law to have a statutory agent. A statutory agent handles legal documents and communication to the business from the state of Ohio, as well as any service of process should the company be named in a lawsuit. 

Why do you need a statutory agent?

Every state requires an LLC to have one. In Ohio, the rules are in ORC 1706.09, and they apply to every Ohio LLC for as long as it exists. 

State requirements for a statutory agent in Ohio

Your statutory agent can be an Ohio resident (using the street address of their home) or a business with an Ohio place of business. That can include yourself, a family member or friend, or a hired professional. P.O. boxes aren’t allowed, and the agent must sign an acceptance of the appointment. 

Many businesses choose the latter simply to ensure that their company isn’t put at risk by simple mistakes or oversights that an untrained individual in this particular position may make. A professional statutory agent can ensure the business receives critical correspondence in a timely manner and can assist with the handling of important matters.  

Your agent’s responsibilities

A statutory agent continues to act on behalf of an organization after it is formed, unlike an organizer or incorporator of a business whose duties typically end after the entity has been formed. 

One of the most important responsibilities of a statutory agent is to obtain copies of any disputes, legal claims, or notices that may be brought against your company. The statutory agent of a business also receives state and federal correspondence, as well as important tax documentation. 

If your LLC doesn’t keep a statutory agent, the Secretary of State will send a notice, and your articles can be canceled if you don’t appoint one within 30 days (a canceled LLC can reinstate within 2 years). A statutory agent who is busy with other company tasks might also create unnecessary delays in receiving critical notices or litigation. 

How to do it yourself or with statutory agent services

Business owners or managers within the business can name themselves the statutory agent of the company. To do so, they would simply file the appropriate form with the Ohio Secretary of State with their own name instead of the name of someone else who would serve as the statutory agent. 

However, this may not necessarily be in your best interests or the best interests of your company. It may be more beneficial to hire a professional statutory agent. For example, if you name yourself as the statutory agent for your business, you may need to list your home address as the point of contact for your company. 

This means your home address will be on public record for individuals and entities that want to send official correspondence to your company. This may or may not be a concern for your business. However, hiring a designated statutory agent means that it will be their physical address on public record. 

Additionally, some business owners hire statutory agents to ensure that someone is available for official contact during normal business hours, so the owners themselves can enjoy irregular or less frequent work hours.

Step 4: Create an operating agreement

Once you’ve selected a statutory agent, you should establish your LLC operating agreement Ohio. This is another important document that is often referenced throughout the life of a business, particularly when questions or concerns amongst LLC members arise. 

What is an operating agreement?

An operating agreement is a crucial document for Limited Liability Companies (LLCs) since it lays out the company’s financial and operational activities, as well as applicable policies, restrictions, and stipulations. 

The objective of the agreement is to manage the company’s inner operations, so the unique needs of the company’s owners are met. When members of the LLC sign the agreement, it becomes a formal contract that legally binds them to its conditions. 

Generally, the only way to be released from such an agreement is if the other party(s) agree to it or the entire contract itself becomes null and void for some reason. For example, if one or more of the LLC’s members were under duress at the time the agreement was signed or one or more members were not fully informed, this may render the contract invalid.   

Do you need an operating agreement?

An operating agreement may offer protection for members of the LLC from personal liability. If you do not have an operating agreement that designates members of the LLC and defines their roles and responsibilities, your company may function more like a partnership or sole proprietorship. This potentially could place your personal liability or the liability of your LLC’s members in jeopardy.

Even if your LLC’s members have made verbal agreements regarding specific terms, it’s important to have these in writing to avoid miscommunication or misunderstandings. If a dispute or conflict arises, you can easily refer back to the operating agreement to clarify things and potentially resolve the matter. 

If you don’t have an operating agreement, the guidelines, policies, and regulations that apply to your business fall to the state of Ohio. This set of default rules is extremely broad, however, and is unlikely to offer your company much protection at all. It’s typically not in your best interest as a business owner to rely on governing bodies in Ohio to manage your company’s operation. 

State requirements for an operating agreement in Ohio

The state of Ohio does not require a business to have an operating agreement. Ohio law recognizes written or oral operating agreements; a single-member LLC’s declaration must be written (ORC 1706.01). However, it’s highly advisable not to do business without one. There aren’t any specific criteria that must be included in an LLC’s operating agreement. However, several topics are encouraged to be covered and become very important if you ever have to dissolve an LLC in Ohio.

You do not need to file your operating agreement with the state of Ohio. However, this doesn’t mean you shouldn’t have one. You should put together a comprehensive operating agreement for the benefit of your business and its investors, including but not limited to yourself. 

Your operating agreement may include some or all of the following or more: 

• The LLC’s initial members
• The percentage of interest each member has in the business
• How profits and losses are distributed among LLC members
• The capital contributions of each member
• What voting rights or powers each member has
• The management structure of the LLC, e.g., if the LLC will be manager-managed or member-managed
• The role of both managers and members of the LLC
• How responsibilities are divided between members and managers
• How new members may join the LLC
• How existing members may leave the LLC
• How business meetings will be held and how voting will be structured
• How to handle the interests of members who become disabled, die, or want to sell their shares

Step 5: Apply for an EIN

Next, you should apply for an EIN. This is an important step for the financial health and viability of most companies.

What Is an EIN?

An EIN, also called an Employer Identification Number, is a unique identifier much like a Social Security number that allows a business to be identified by the Internal Revenue Service (IRS). Typically, EINs are used by businesses to report and file taxes. The number is generally nine digits long and has a specific format that may look something like XX-XXXXXXX. 

Why you need an EIN in Ohio

You need an EIN if your LLC has more than one member or has employees. Your company will also need one if it files certain types of tax returns with the IRS or withholds taxes on income other than wages. 

A single-member LLC without employees can use the owner’s SSN for federal tax, but most get an EIN to open a bank account. Having an EIN also helps keep your business and personal lives as separate as possible.  

How to do it yourself or with EIN services

You can apply for an EIN through the Internal Revenue Service online, by mail, or via fax. Online applications are the fastest way to obtain an EIN; once your information is verified while you’re connected, your business is immediately provided with your Employer Identification Number. 

Some business owners don’t want to assume the extra time, effort, and responsibility of going through the process of getting an EIN. They may be preoccupied with one of the many other critical aspects of establishing an LLC in Ohio. In this case, you can work with a professional who will apply for and secure an EIN on your behalf. 

What to do after you’ve created an LLC in Ohio

Understand your ongoing annual LLC fees

Ohio currently does not require annual fees for LLCs. Once all the initial forms have been filled out and the fees paid, the state of Ohio presently does not require annual reports to be filed or annual fees to maintain your LLC. 

However, we strongly recommend remaining in good standing with the state and keeping annual compliance if any requirements change. In addition, you may have to pay other fees, such as a statutory agent service, typically $50–$300 per year.

Obtain relevant business licenses and permits

Finally, you should obtain the applicable business licenses and permits to legally conduct operations on-site. Ohio has no general state business license. Depending on your industry and city, you may need an Ohio business license or permit at the state or local level, and you’ll need a vendor’s license ($50) to sell taxable goods. For example, salons need a license from the State Cosmetology and Barber Board.

Budget for licensing too, since Ohio license costs vary by industry and city. Although starting an LLC in Ohio is an involved, potentially intimidating process, it’s necessary for entrepreneurs who want to successfully own and operate a business within the state.

Open a separate business bank account

Your personal and business finances should never mingle, especially in an LLC, in which the goal is to keep company and personal dealings as separate as possible. It’s important to set up a dedicated bank account for business transactions and to keep accurate financial records of all debits and credits. 

It doesn’t matter if you don’t have any funds to keep in your business bank account or if your company isn’t currently earning any money. You should set up your account as soon as possible and begin funneling all of your related financial transactions through this account for comprehensive and accurate recordkeeping. If you need startup funds, look into Ohio small business grants.  

Comply with Ohio’s tax requirements

Finally, you will need to ensure that your LLC complies with Ohio tax laws. If you do not, your business could face penalties and interest. 

How your Ohio LLC will be taxed

You’ll need to file a variety of taxes as an LLC in Ohio. This includes state and federal taxes, income and sales taxes, and other taxes that may be specific to your location or type of business.

Income tax

You’ll pay personal income tax on the money you pay yourself from your business. For 2026, Ohio taxes nonbusiness income over $26,050 at 2.75% (effectively a flat tax). Business income from your LLC gets a $250,000 deduction, and any business income above that is taxed at a flat 3%. Many Ohio cities also levy a municipal income tax. 

Sales tax

Ohio’s state sales tax is 5.75%. Counties and transit authorities add local tax, for combined rates of about 6.5% to 8.25%. 

Self-employment tax

If you are self-employed, you must also pay federal self-employment tax of 15.3% on 92.35% of your net earnings. Of that, 12.4% goes to Social Security (up to the annual wage base), and the other 2.9% goes to Medicare. 

Payroll tax

Ohio state law requires businesses to withhold income tax from the wages of employees and to send these funds directly to the Ohio Department of Taxation on behalf of employed individuals. In almost all cases, state taxes are withheld from an employee’s paycheck along with federal taxes, and the employer is responsible for both. Your LLC is responsible for calculating the tax bracket that each employee falls into based on their income and subtracting the proper amount from employee pay to remit to the Department of Taxation.  

Other state taxes

Ohio’s Commercial Activity Tax (CAT) applies only to businesses with more than $6 million in Ohio gross receipts (since 2025). It is 0.26% of receipts above that amount, filed quarterly. The annual minimum tax was eliminated in 2024. 

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