In order to form an Ohio LLC, Articles of Organization must be filed with the Ohio Secretary of State. The Secretary of State may accept the articles if there is not an existing company organized, in Ohio, with the same or similar name.
There is a common misconception that filing with the State, alone, creates a company and limits personal liability. That is simply not true.
If the Articles are accepted by the Secretary of State, the limited liability company has the right to operate in Ohio. Registering with the Ohio Secretary of State, alone does not automatically provide limited liability protection. Failure to follow the proper protocols after registration will result in the loss of your limited liability status.
In addition, registration with the State does not automatically result in protection of your Company’s name. It is possible to register with the State of Ohio and still be sued for Trademark infringement. See Trademark Law for more information.
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