Many LLC owners who plan to move their business to Ohio (OH) ask, “Does Ohio allow LLC domestication?”, “Is Ohio LLC domestication a good choice?” or “How to domesticate an LLC in Ohio?
If you are in a similar situation, keep on reading. This Ohio LLC domestication guide has all the information that you seek.
What is Ohio LLC Domestication?
LLC domestication in Ohio means changing the location or domicile of your LLC from any state into Ohio. In other words, if you want to move your Georgia LLC to Ohio, for instance, LLC domestication is the best way to do so.
By LLC domestication, you change the governing laws of your LLC. Domesticating your LLC into Ohio will have the following benefits over other methods of moving your LLC to Ohio:
- LLC domestication allows you to maintain previous business relationships.
- No need to renew contracts made in the previous state.
- No need to change bank accounts and credit rating.
- You can retain your EIN (Tax ID Number).
- No need to rehire employees.
- No need to transfer assets.
How to Domesticate your LLC in Ohio
There’s always something new to learn in the ever-changing landscape of business, and this same goes for LLC domestication in Ohio. Below, we explained the process of transferring an LLC from any state to Ohio via OH LLC domestication in 3 simple steps.
Acquire a Certificate of Good Standing
A certificate of good standing is also called a certificate of existence or certificate of status in some states. It is a legal document issued by the state authorities, usually the secretary of state.
This certificate verifies that your LLC or corporation was legally formed and operated in a state compliance manner.
Important
In Ohio, the certificate of Good Standing is not mandatory to apply for a Certificate of Conversion-Articles of Organization to domesticate your out-of-state LLC in Ohio.
However, Getting a Certificate of Good standing will be better as you are moving your business out from the LLC’s home state, as this document will verify that your business is in good standing with the state.
To prove that your LLC is up to date on all important business marks, you need to submit a certificate of status.
After getting a certificate of good standing, you will have proof that you have timely paid your LLC taxes, submitted LLC annual reports and fees, and follow the state laws in all business operations in the state where you initially registered your LLC.
Approval of LLC Domestication
According to Ohio Revised Code §§1701.811, 1706.722, 1776.72 and 1782.4310, Before you file articles of conversion with the Ohio Department of State, you need to acquire approval from the state where you originally formed your LLC.
Contact the state department where you initially filed your articles of organization and acquire permission to move your business out of that state.
For instance, if you want to move your Texas LLC to Ohio, you need to get permission to transfer your LLC out of Texas from the Texas Secretary of State.
File an Articles of Domestication Ohio
To formally move your LLC from the LLC’s home state to Ohio, you need to file certificate of conversion downloaded with the Ohio secretary of state.
With Ohio Articles of Domestication (certificate of conversion), you also have to submit Ohio articles of organization form as well. There is no additional fee to submit the formation documents of LLC.
To download both forms, click on the link below:
Moreover, you also need to submit the certificate of good standing to show that your LLC does not have any outstanding state taxes or debts in the previous state.
Finally, depending on the LLC management structure mentioned in your LLC operating agreement, you need the signature of the authorized person to sign the Ohio LLC domestication form. After completing all the information, send the complete forms to:
Regular Mailing Address:
Secretary of the state
P.O. Box 1329
Columbus, OH 43216
Expedite Filing Address:
Secretary of the state
P.O. Box 1390
Columbus, OH 43216
Requirements to Complete Ohio Articles of Domestication Form
As mentioned earlier that Ohio articles of domestication are filed with the Ohio articles or organization; the following information/documents will be needed to complete the LLC domestication process:
- LLC domestication approval from the previous state
- Name of the domesticating entity (The name of your LLC with which you used to operate your business in the previous state)
- The name of the previous state where your LLC was registered
- The date when your LLC was formed initially
- Ohio articles of organization form with Ohio registered agent information
- Signature of the authorized person to initiate LLC domestication
- The effective date of the LLC domestication, if it is not the same as the date of filing of the Ohio articles of domestication
Ohio LLC Domestication Fee (Cost)
To convert an out-of-state LLC into a Ohio LLC, you need to pay the following fee to the Ohio Department of State along with the Ohio articles of domestication:
- Articles of Domestication (called Article of conversion in Ohio): $99
- Articles of Organization: $0
- Total to Domesticate and file: $99
Alternatives to LLC Domestication Ohio
If you do not plan to move your LLC to Ohio permanently, or for any other reason Ohio LLC domestication does not seem suitable, the followings are the alternative to Ohio LLC domestication:
What Next After Ohio LLC Domestication?
Once the state of Ohio domesticates your LLC, the laws of the previous state will no longer apply to your LLC.
Now your LLC will be governed under the LLC statute of Ohio. Now, to remain compliant with the laws of Ohio, you need to:
- Make sure you pay outstanding LLC federal taxes or debts in the previous state.
- Keep your registered agent information up to date. If you don’t have one, you can review top registered agent services here.
- Follow your LLC operating agreement.
- Acquire licenses and permits specifically required by the new state.
- Regularly submit annual reports and fees.
- Pay Ohio sales tax (6% on the total sales).
Moving an LLC out of Ohio
The Ohio Department of state allows an LLC to move out of Ohio via LLC domestication. However, the law of the other state must permit LLC domestication in its statute.
If the law of the other state does not permit LLC domestication, you should look for alternatives of LLC domestication to transfer your LLC out of Ohio.
For the states that allow LLC domestication, you need to submit a Ohio certificate of status to domesticate your LLC there. Click on the following link to get a Ohio certificate of status.
FAQs on How to Domesticate an LLC in Ohio
Alfie Wilson, Esq., is a legal content writer with expertise in business formation, criminal law, veterans disability, family law, DUI law, personal injury, animal welfare, and legal writing. He holds a J.D. from Emory University School of Law and has experience in appellate advocacy and regulatory matters. Alfie’s passion lies in breaking down complex legal topics for a non-lawyer audience. He currently writes for law firms and non-profits on various issues and resides in Arlington, Virginia.