Friday, January 30, 2026

Do I Need an LLC in Ohio? A Guide for New and Small Business Owners

Do I Need an LLC in Ohio? What Business Owners Should Know

If you are starting a business in Ohio, one of the first legal questions you are likely to face is whether you should form a Limited Liability Company (LLC). For many small business owners, an LLC offers a practical balance of protection, flexibility, and simplicity.

While not every business should be an LLC, choosing the right structure early can help you avoid personal liability and future legal problems.

What Does an LLC Do Under Ohio Law?

An LLC is a business entity created under Ohio law that separates your personal assets from your business activities. When properly formed and maintained, an LLC generally protects your home, savings, and personal property from most business-related lawsuits and debts.

Ohio LLCs are registered through the Ohio Secretary of State.

Without an LLC, many business owners operate as sole proprietors. In that case, there is no legal distinction between you and your business, which means personal assets may be exposed if problems arise.

Advantages of Forming an LLC in Ohio

One of the primary benefits of an LLC is limited liability protection. In most situations, creditors and claimants are limited to pursuing business assets, not your personal property.

LLCs also offer favorable tax treatment. By default, most Ohio LLCs are taxed as “pass-through” entities, meaning income is reported on your individual return rather than at the corporate level.

In addition, operating under an LLC name can improve your professional image. Customers, lenders, and vendors often view registered businesses as more established and reliable.

Situations Where an LLC Is Usually a Good Idea

Forming an LLC is often recommended if your business:

  • Provides professional, consulting, or technical services
  • Sells goods or products to the public
  • Owns valuable tools, equipment, or inventory
  • Works with employees or independent contractors
  • Involves contracts, financing, or potential liability risks

As a general rule, once your business begins generating steady income or taking on legal obligations, an LLC becomes a smart legal safeguard.

When You May Not Need an LLC Right Away

Some very small or low-risk activities may not require immediate formation. For example, occasional freelance work or short-term side projects may be handled as a sole proprietorship in the beginning.

However, as your revenue, customer base, or exposure grows, the lack of legal protection can quickly become a serious concern.

How to Form an LLC in Ohio

To create an LLC in Ohio, you must file Articles of Organization with the Ohio Secretary of State and pay the required filing fee.

Filing can be completed online through the Ohio Business Central portal, which allows you to submit documents and track your filings electronically.

Most LLCs should also adopt a written operating agreement outlining ownership, management authority, and financial responsibilities. Although not filed with the state, this document is important for internal governance and legal clarity.

You may also need to obtain an EIN from the IRS, register for Ohio taxes, and secure any required licenses or permits depending on your industry.

Before You File

Choosing a business structure is not just a paperwork decision. It affects your taxes, liability exposure, financing options, and long-term growth.

Proper legal planning at the outset can save significant time, expense, and stress in the future.

Nicolas C. Oehler is an experienced Ohio lawyer serving Union, Madison, Franklin Counties, and surrounding communities. He shares insights on business law, corporate law, real estate, estate planning, probate, and litigation.

Disclaimer: This post is for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Consult qualified legal counsel for advice specific to your situation.

Friday, January 23, 2026

How to Have a Trade Name for Your Ohio Business (DBA Guide)

Nicolas C. Oehler

📞 (419) 631-8350

✉️ nicoehler13@gmail.com 

🌐 www.linkedin.com/in/nicolas-oehler-499666186

How to Have a Trade Name for Your Ohio Business (DBA Guide)

If you plan to operate your Ohio business under a name different from your legal business name, you’ll need to register a trade name with the Ohio Secretary of State. In Ohio, a trade name lets you publicly do business under an alternate brand or DBA (“doing business as”) name, helping you build a local identity while complying with state rules.

What Is a Trade Name in Ohio?

A trade name is defined in the Ohio Revised Code as a name used in business or trade to designate the business of the user and to which the user asserts a right to exclusive use. It must be distinguishable upon the records from other registered business names in the state.

Ohio also recognizes fictitious names (names not registered as trade names). Fictitious names do not provide the same level of protection as Trade Names. 

Steps to Register Your Ohio Trade Name

  1. Choose and Search Your Name
    Before filing, search the Ohio Secretary of State’s business database to ensure your desired DBA is available and distinguishable from existing names. You should also check the U.S. Patent and Trademark Office database to avoid trademark conflicts.

  2. File the Registration Form
    Submit the official Name Registration (Form 534A) with the Ohio Secretary of State. This can be done online or by mail and requires details like your business structure, name, address, and contact info.

  3. Pay the Filing Fee
    The current filing fee is $39. Upon approval, your trade name registration is valid for five years and must be renewed periodically.

Important Naming Rules

Ohio law restricts certain words (e.g., “bank” or government-sounding names) unless you hold appropriate licenses. The name must not mislead the public about your business structure or services.

Final Note

Registering your trade name ensures compliance with Ohio law and helps protect your business identity within the state. For trademark protection beyond Ohio, consider federal trademark registration.

 Nicolas C. Oehler is an experienced Ohio lawyer in Union County, Madison County, Franklin County, Marysville, Dublin, Plain City, and London, Ohio. He shares insights on business law, corporate law, real estate law, construction law, estate planning, probate, and litigation. For further questions, comments, or guidance on these topics, feel free to reach out at the information provided in the header or footer.

Disclaimer: This post is for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Every situation is unique, and you should consult with qualified legal counsel before making decisions regarding your specific business or legal matter.

Nicolas C. Oehler

📞 (419) 631-8350

✉️ nicoehler13@gmail.com 

🌐 www.linkedin.com/in/nicolas-oehler-499666186

Tuesday, January 20, 2026

How to Start a Company in Ohio: A Step-by-Step Guide to Forming an LLC

Nicolas C. Oehler

📞 (419) 631-8350

✉️ nicoehler13@gmail.com 

🌐 www.linkedin.com/in/nicolas-oehler-499666186


How to Start a Company in Ohio: A Step-by-Step Guide to Forming an LLC

Starting a company in Ohio is an exciting step for entrepreneurs, professionals, and investors alike. One of the most popular and flexible business structures is the limited liability company (LLC). An Ohio LLC offers liability protection, tax flexibility, and relatively simple compliance requirements compared to corporations. Understanding the correct steps to form and properly organize an LLC is critical to protecting the business and its owners from day one.

Below is a comprehensive guide to starting an LLC in Ohio, from filing formation documents to handling key post-formation tasks.

Step 1: Choose a Name for Your Ohio LLC

The first step in starting an Ohio LLC is selecting a legally compliant business name. The name must be distinguishable from existing entities on file with the Ohio Secretary of State and must include “Limited Liability Company,” “LLC,” or “L.L.C.” A name availability search can be conducted through the Ohio Secretary of State’s business database.

If the desired name is not yet ready for filing, Ohio allows name reservations for a limited period, though this is optional.

Step 2: File Articles of Organization with the Ohio Secretary of State

An Ohio LLC is officially formed by filing Articles of Organization with the Ohio Secretary of State. This filing can be completed online or by mail and requires basic information, including, but not limited to:

  • LLC name

  • Effective date (if delayed)

  • The purpose (which is optional)

  • Name and address of the statutory agent

As of now, the state filing fee is relatively modest compared to many other states, making Ohio an attractive place to start a business. Once accepted, the Secretary of State issues confirmation, and the LLC legally exists.

Step 3: Appoint a Statutory Agent

Every Ohio LLC must maintain a statutory agent (sometimes called a registered agent). The agent is responsible for receiving legal documents, service of process, and official state correspondence. The agent must have a physical address in Ohio and be available during normal business hours.

Failing to maintain a valid statutory agent can result in missed legal notices or administrative dissolution.

Step 4: Obtain an Employer Identification Number (EIN)

After formation, most LLCs should obtain an Employer Identification Number (EIN) from the Internal Revenue Service. Even single-member LLCs often need an EIN to open a business bank account, hire employees, or elect certain tax treatments.

An EIN can be obtained online directly from the IRS at no cost. This number functions like a Social Security number for the business and is used for federal tax and reporting purposes.

Step 5: Draft an Operating Agreement

Although Ohio law does not require an LLC to have a written operating agreement, having one is strongly recommended. An Operating Agreement governs the internal operations of the LLC and outlines:

  • Ownership percentages

  • Voting rights

  • Profit and loss allocation

  • Management structure

  • Procedures for adding or removing members

For single-member LLCs, an operating agreement helps reinforce the separation between the owner and the business, which is important for liability protection. For multi-member LLCs, it is essential to prevent disputes and clarify expectations.

Step 6: Adopt Initial Resolutions or Written Consents

Many Ohio LLCs also adopt initial resolutions or written consents after formation. These documents formally authorize important actions, such as:

  • Approving the operating agreement

  • Authorizing the opening of bank accounts

  • Approving tax elections

  • Appointing managers or officers, if applicable

While often overlooked, resolutions help establish clear authority and create a paper trail showing that the LLC is being operated as a separate legal entity.

Step 7: Open a Business Bank Account

Opening a dedicated business bank account is a critical step for any Ohio LLC. Mixing personal and business funds (commingling) can undermine liability protection. Most banks will require:

  • Filed Articles of Organization

  • EIN confirmation letter

  • Operating agreement or resolutions

Maintaining separate financial accounts helps preserve the LLC’s limited liability status and simplifies accounting and tax reporting.

Step 8: Register for Ohio Taxes and Licenses

Depending on the nature of the business, additional registrations may be required. This can include:

Certain professions and industries may also require state-level licenses or permits.

Step 9: Ongoing Compliance and Good Standing

After formation, Ohio LLCs must maintain good standing by keeping statutory agent information current and complying with applicable tax and regulatory requirements. While Ohio does not require annual reports for most LLCs, changes to the business structure, ownership, or agent should be properly documented and filed when required.

Final Thoughts

Starting an LLC in Ohio involves more than just filing paperwork. Proper formation, documentation, and post-formation steps help protect owners, establish credibility, and reduce legal risk. From Articles of Organization to operating agreements and resolutions, each step plays an important role in building a solid legal foundation for a new business.

For business owners seeking long-term stability and compliance, understanding these steps, or working with legal counsel familiar with Ohio business law, can make a significant difference.


Nicolas C. Oehler is an experienced Ohio lawyer in Union County, Madison County, Franklin County, Marysville, Dublin, Plain City, and London, Ohio. He shares insights on business law, corporate law, real estate law, construction law, estate planning, probate, and litigation. For further questions, comments, or guidance on these topics, feel free to reach out at the information provided in the header or footer.

Disclaimer: This post is for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Every situation is unique, and you should consult with qualified legal counsel before making decisions regarding your specific business or legal matter.

Nicolas C. Oehler

📞 (419) 631-8350

✉️ nicoehler13@gmail.com 

🌐 www.linkedin.com/in/nicolas-oehler-499666186