Nicolas C. Oehler

Friday, January 30, 2026

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.

Nicolas C. Oehler

📞 (419) 631-8350

✉️ nicoehler13@gmail.com

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

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

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.
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.
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

📞 (419) 631-8350

✉️ nicoehler13@gmail.com

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

Monday, January 19, 2026

Ohio Health Care Power of Attorney and Living Wills: Why You Need Them

Nicolas C. Oehler

📞 (419) 631-8350

✉️ nicoehler13@gmail.com

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

Ohio Health Care Power of Attorney and Living Wills: Why You Need Them

Planning for your future health care is essential, and in Ohio, two critical tools help ensure your wishes are honored: the Ohio Health Care Power of Attorney (HCPOA) and the Ohio Living Will. These legal documents allow individuals to make decisions about their medical care in advance, protecting both themselves and their families during difficult times.

A Health Care Power of Attorney in Ohio is a legal document that lets you designate a trusted person, called an agent, to make health care decisions on your behalf if you are unable to do so. This can include decisions about surgeries, treatments, medications, and long-term care. Without a health care power of attorney, your family may face confusion or disagreements about your care, and a court-appointed guardian may need to intervene.

An Ohio Living Will, also known as an advance directive, allows you to provide specific instructions about the type of medical care you want at the end of life. For example, you can state whether you wish to receive life-sustaining treatments, artificial nutrition, or pain management if you become terminally ill or permanently unconscious. A living will ensures that your personal health care preferences are known and respected, even if you cannot communicate them.

Having both an Ohio Health Care Power of Attorney and a Living Will is vital because they complement each other. The living will provides specific instructions, while the health care power of attorney allows your agent to make decisions in situations not covered by your written instructions. Together, they give you peace of mind knowing your health care choices will be honored.

For families in Union County, Madison County, Franklin County, Marysville, Dublin, Plain City, and London, Ohio, these documents are particularly important. Health emergencies and end-of-life decisions can be stressful, and having a clear plan in place prevents confusion, family disputes, and delays in critical care. Preparing these documents in advance ensures that your wishes are legally recognized and immediately actionable.

Creating an Ohio Health Care Power of Attorney and Living Will is straightforward but must comply with Ohio law. Both documents must be signed in the presence of witnesses, and it is often recommended to have them notarized. Regularly reviewing and updating these documents is also important, especially after major life events such as marriage, divorce, or significant health changes.

In conclusion, an Ohio Health Care Power of Attorney and Living W ill are essential tools for proactive health care planning. They empower you to make your wishes known, protect your loved ones from making difficult decisions under pressure, and ensure that your medical care aligns with your values. Whether you live in Marysville, Plain City, Dublin, or across Ohio, securing these documents is a responsible step toward protecting your health and your family’s peace of mind.

Nicolas C. Oehler

📞 (419) 631-8350

✉️ nicoehler13@gmail.com

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

Wills in Union County, Ohio: Why Every Adult Needs One

Nicolas C. Oehler

📞 (419) 631-8350

✉️ nicoehler13@gmail.com

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

Wills in Union County, Ohio: Why Every Adult Needs One

A properly drafted will is one of the most important legal documents an individual can create. In Union County, Ohio, a will allows you to control what happens to your property, your family, and your legacy after death. Without one, Ohio law (not you!) decides how your estate is handled.

An Ohio will is a legal document that sets out your wishes regarding the distribution of your assets, the appointment of an executor, and, if applicable, the nomination of guardians for minor children. Under Ohio law, a valid will must be in writing, signed by the testator, and witnessed by two competent individuals. While these requirements sound simple, mistakes in drafting or execution can result in delays, disputes, or even the will being declared invalid.

For Union County residents, a will provides clarity and efficiency during probate. Probate in Union County Probate Court can be time-consuming and stressful for families, particularly when estate planning documents are unclear or missing. A well-drafted will helps streamline the process by clearly identifying beneficiaries, outlining asset distribution, and authorizing the executor to act without unnecessary court involvement.

A will is also essential for parents. In Ohio, only a will allows you to formally nominate a guardian for minor children. While a court ultimately decides guardianship based on the child’s best interests, a properly executed will carries significant weight and gives parents a voice in one of the most important decisions imaginable.

Another benefit of having a will is minimizing family conflict. Disputes often arise when loved ones are left guessing about intentions or fairness. By clearly expressing your wishes in a legally enforceable document, you reduce the risk of disagreements, litigation, and long-term damage to family relationships.

Many Union County residents assume wills are only for the elderly or wealthy. In reality, anyone who owns property, has children, or wants control over personal belongings should have a will. Homes, vehicles, bank accounts, family heirlooms, and even digital assets can all be addressed in an Ohio will.

Finally, working with an experienced Ohio estate planning attorney ensures your will complies with state law and reflects your unique circumstances. Generic online forms often fail to account for probate rules, tax considerations, or family dynamics specific to Ohio. A tailored will provides peace of mind, knowing your affairs are in order and your loved ones are protected.

Why a Will Alone Is Not Enough

While a will is a critical foundation of any estate plan, a will by itself is often not enough (especially in Ohio). Many people are surprised to learn that a will only takes effect after death and only controls assets that pass through probate.

First, a will does not avoid probate. In Union County, probate court supervision can mean delays, court costs, and public filings. Assets held outside of probate, such as those in trusts or with beneficiary designations, often pass more quickly and privately than those governed solely by a will.

Second, a will does not address incapacity. If you become ill or injured and unable to manage your affairs, a will offers no protection. Durable powers of attorney for finances and health care are essential to ensure someone you trust can make decisions on your behalf without court intervention.

Third, certain assets are not controlled by a will at all. Retirement accounts, life insurance policies, and payable-on-death accounts pass according to beneficiary designations, regardless of what your will says. If those designations are outdated or inconsistent with your will, unintended results can occur.

Finally, wills do little to protect beneficiaries after distribution. For example, a trust can provide safeguards for minor children, beneficiaries with special needs, or individuals who may struggle with money management, protections a simple will cannot offer.

For Union County residents, a comprehensive estate plan often includes a will and additional tools such as trusts, powers of attorney, and advance health care directives. Together, these documents provide full protection during life and after death, ensuring your wishes are honored and your family is truly taken care of.

Nicolas C. Oehler

📞 (419) 631-8350

✉️ nicoehler13@gmail.com

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

Monday, January 5, 2026

How to Dissolve an LLC in Ohio: A Step-by-Step Guide for Union County Business Owners

Nicolas C. Oehler

📞 (419) 631-8350

✉️ nicoehler13@gmail.com

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

This guide explains how to properly dissolve an Ohio LLC, with practical tips tailored to Union County business owners.

Step 1: Review the Operating Agreement and Ohio Law

The first step in dissolving an LLC in Ohio is to review the company’s operating agreement. Most operating agreements outline how dissolution must be approved, typically requiring a vote or written consent of the members. Even single-member LLCs should document the decision to dissolve.

If the operating agreement is silent, Ohio Revised Code Chapter 1706 governs the process. Under Ohio law, member approval is generally required, and the decision should be documented in company records. Proper documentation is important in case questions arise later from creditors, tax authorities, or former members.

Step 2: Stop Business Operations and Begin Winding Up

Once dissolution is authorized, the LLC must begin the “winding up” process. This means the business should stop normal operations and focus only on closing out its affairs. Winding up typically includes:

Collecting outstanding receivables
Finishing or terminating contracts where permitted
Closing or assigning leases
Selling business assets if necessary

For Union County businesses, this may also involve notifying local vendors, landlords, or customers in Marysville or nearby communities that the company is closing.

Step 3: Notify Creditors and Pay Debts

Before distributing any money or property to members, the LLC must pay its debts or make reasonable provision for them. Known creditors should be notified of the dissolution and given an opportunity to submit claims.

Failing to properly address debts is one of the most common mistakes business owners make when dissolving an LLC. If liabilities are ignored, members or managers could face legal claims even after the business is dissolved.

Step 4: Handle Ohio and Federal Tax Obligations

Tax compliance is a critical part of dissolving an LLC in Ohio. The company must file all final tax returns and pay any outstanding taxes. This may include:

Federal income tax returns
Ohio Department of Taxation filings
Sales tax accounts
Employer withholding and payroll taxes

If the LLC had employees in Union County, payroll accounts must be closed and final employment tax filings completed. Taxes are one area where problems frequently arise after dissolution, so careful attention here can prevent future issues.

Step 5: File a Certificate of Dissolution with the Ohio Secretary of State

To formally dissolve the LLC, a Certificate of Dissolution must be filed with the Ohio Secretary of State. This filing officially ends the LLC’s existence under Ohio law, except for limited winding-up purposes.

The Certificate of Dissolution can be filed online through Ohio Business Central or by mail. The filing requires basic information, including the LLC’s legal name and registration number, and is subject to a filing fee. Once accepted, the state will reflect that the LLC is dissolved.

Step 6: Cancel Licenses, Permits, and Registrations

Union County businesses often hold local licenses or permits in addition to state registrations. After dissolution, these should be canceled to avoid unnecessary fees or compliance notices. This may include:

Local business licenses
Vendor or sales tax permits
Professional or regulatory licenses

Bank accounts, credit cards, and merchant accounts should also be closed once all transactions are complete.

Step 7: Distribute Remaining Assets

After debts and taxes are paid, any remaining assets may be distributed to members. Distributions must follow the operating agreement or, if none exists, Ohio statutory rules. Improper distributions, especially those made before creditors are satisfied, can create personal liability for members.

Step 8: Retain Business Records

Even after dissolution, it is important to keep business records for several years. This includes tax filings, bank statements, contracts, and dissolution documents. If questions arise later, having organized records can save significant time and expense.

Why Proper Dissolution Matters in Union County

Simply abandoning an LLC or letting it “go inactive” is not the same as legally dissolving it. An Ohio LLC that is not properly dissolved may continue to incur state fees, receive tax notices, or face lawsuits. For Union County business owners, proper dissolution provides a clean legal exit and peace of mind.

Final Thoughts

Dissolving an LLC in Ohio involves more than filing a single form. From member approval and winding up affairs to tax compliance and state filings, each step plays an important role in protecting owners from future liability. If you operate a business in Union County, Ohio, taking the time to dissolve your LLC correctly can help ensure a smooth and legally sound closure.

Nicolas C. Oehler

📞 (419) 631-8350

✉️ nicoehler13@gmail.com

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

About Nicolas C. Oehler

Nicolas C. Oehler is a corporate and real estate attorney who provides strategic, client-centered legal services to individuals, businesses, and property owners across Central Ohio. His practice focuses on business, real estate, and construction law, with additional services in estate planning, probate, and civil litigation. Nic emphasizes responsiveness, practical guidance, and clear communication to ensure that every client receives a tailored strategy aligned with their goals. A summa cum laude graduate of the University of Akron School of Law and Bowling Green State University, Nic proudly serves clients throughout Union County, Madison County, and the surrounding communities. He offers trusted legal support in matters ranging from business formation and corporate governance to real estate transactions, construction disputes, and probate administration. Nic lives in Plain City, Ohio, with his family. Nic currently practices at Bailey Cavalieri.