How to Get a Registered Agent in Ohio

Like most other states, Ohio has strict rules when granting transactional authorizations to business entities. For one, you must elect an Ohio registered agent whether you have a limited liability company, partnership, corporation, trust, or nonprofit. 

Fortunately, you can appoint a registered agent in many ways, but you can’t pick someone at random. A registered agent manages your legal documents, service of process notifications, and other corporate filings, so it should be a reliable agent you can trust. 

This guide will explain what a registered agent does so you can understand why you need one and how to make the right choice.

Key Takeaways

• Ohio law allows an owner or employee of a business to be that business’s registered agent, but a company can’t be its own Ohio registered agent. 

• A third-party registered agent service gives Ohio small business owners the freedom to focus on building their businesses up without worrying about fulfilling all the requirements themselves.

• If your Ohio registered agent leaves for any reason, you’re required by law to replace them as soon as possible. Failure to do so can result in harsh penalties from the state government, including losing your good standing.

What Is a Registered Agent?

A registered agent, also known as a statutory agent in Ohio, is a designated point of contact for all legal documents and service of process correspondence between a business entity and the state.[1] For example, an Ohio registered agent can represent an Ohio LLC and receive mail on behalf of businesses. 

A registered agent is mandatory for any company that wants to operate legally in Ohio and remain in good standing with the state. Small business owners can elect individuals or even other companies to act as points of contact and mail forwarding services.

Registered Agent Responsibilities

Registered agents usually have the same responsibilities regardless of the state. As such, an Ohio registered agent or resident agent must be available during regular business hours to accept legal documents and notifications from the Ohio Secretary of State office on behalf of their clients.

In addition, an Ohio registered agent should keep up-to-date information on represented clients and company officers. But the list of responsibilities doesn’t end here, as registered agent must commit to other vital duties to operate in good standing:

• Maintain a physical business address, known as a registered office, to receive mail for clients

• Record the registered office in the public record with the Ohio Secretary of State’s office

• Accept, sign, process, send, and notify clients of business and legal documents

• Make themselves available during regular business hours

Same-day mail forwarding is a standard industry practice but not legally mandated.

Choosing Your Ohio Registered Agent

There’s no shortage of Ohio registered agents. That’s why making the right choice is crucial to keep your company in good standing. The right Ohio registered agent or statutory agent services can ensure you get notifications on time, meet deadlines, and retain your authorization to transact in the state.

Ohio Registered Agent Requirements

An Ohio registered agent can be an individual with some legal expertise and time to act as your Ohio LLC’s (limited liability company) point of contact for legal correspondence. The requirements for individuals are as follows:[2]

• Be over 18 and a state resident

• Have and maintain a registered office listed in the public record

• Be available during regular business hours

Like most states, Ohio lets businesses elect an LLC, corporation, or another Ohio business as a registered agent for service of process. Here are the additional requirements a registered agent service must meet:

• Be a domestic or foreign corporation or other business entity authorized to transact in Ohio

• Maintain good standing with the state

• Have a real physical business address that can serve as a registered office

Businesses need registered agents in Ohio to be in good standing with the state and remain compliant. However, a registered agent must also be in good standing with the state to be allowed to serve as a statutory agent.

Can I Be My Own Ohio Registered Agent?

The short answer is yes. Ohio allows business owners and company employees to serve as registered agents. You can be your own registered agent instead of hiring a different individual or business entity.

However, it’s crucial to understand that your Ohio LLC can’t be its own registered agent. You can elect yourself and the people inside the company, not the company itself. Instead, you may consider naming a statutory agent service provider or a different business authorized to do business in the state.

But should you be your own registered agent just because it’s allowed? Some business owners may want to do this because of a couple of perks:

• Taking on the responsibilities or delegating them to an employee won’t add to your expenses

• Being your own registered agent cuts down on the number of people that see your documents

These are compelling reasons to be your own registered agent. However, not using registered agent services can have significant downsides:

• You must list your office address or home address in the public record, shattering privacy

• You must keep regular business hours, keeping you from having flexible work hours

• You may trade privacy for confidentiality to be served in front of clients

• You or your employees may not have the expertise to manage legal documents

You may want to consider a different option for these reasons and others.

Benefits of a Third-Party Registered Agent

Taking on the time-consuming duties of a registered agent isn’t always a good idea. Your company may benefit more from working with an Ohio registered agent service, like Swyft Filings, that can clear your plate of unnecessary burdens.

1. Scheduling Flexibility

Few companies these days can maintain regular business hours. Business owners may need to travel, employees may have to meet clients, and some workplaces only open at night. Add to that the rising popularity of the four-day workweek and hybrid workplaces, and it’s easy to see why a 9-5 schedule isn’t feasible for everyone.

The best Ohio registered agent services will be available during regular business hours to be in good standing with the state. Therefore, you can count on your statutory agent to accept mail on your company’s behalf and forward it conveniently. Meanwhile, you can focus on making a more appealing schedule for your employees and clients.

2. Focusing On Productivity

Fulfilling the responsibilities of an Ohio registered agent can take more time than you realize. Having your office address as a registered office means all junk mail comes straight to you. That can take many hours to sort through weekly and can make you misplace critical legal documents.

An Ohio registered agent service can manage your legal notices and ensure you receive notifications on the same day. That means you can focus on productivity and business operations without missing state filing deadlines or going through advertising junk mail, hate mail, etc.

3. Privacy and Saving Face

No small business owner wants to get sued. But that doesn’t mean it won’t happen, whether it’s your fault or not. According to state law, no lawsuit proceedings can move forward without all parties being notified. That’s why the first step in most proceedings is getting served.

But imagine being served during a corporate merger meeting or negotiations with new clients. Your company’s reputation can suffer instantly, as can your bargaining power. Fortunately, others don’t have to know what legal notices you receive if they go through a third-party point of contact and mail forwarding service.

That’s one of the key benefits of using an Ohio registered agent service. It spares you embarrassing and awkward situations regarding service of process and other notifications.

4. Incorporate From Out of State

You don’t need offices in Ohio to do business in the state. All you need is a registered office which an Ohio registered agent service can provide.

Therefore, you can do business in the state as a domestic or foreign business entity if you select a professional registered agent in good standing with the Ohio Secretary of State.

5. Expertise and Advisory Business Services

Although a statutory agent fulfills a different role than a business advisor, many small businesses can still benefit from their expertise. For example, your elected point of contact can decipher legal documents and prioritize accordingly.

Moreover, a registered agent service can serve in an advisory capacity. After all, not all business owners know the proper follow-up procedures for service of process, corporate filings, state communications, etc.

A complete service package ensures your company can remain compliant for years without stressing about unexpected changes in state guidelines.

How To Set Up Your Ohio Registered Agent

By now, it’s clear that every business owner in the state must elect an Ohio registered agent to serve as an expert point of contact for legal correspondence. But how does one select the right individual or Ohio LLC to represent them?

Moreover, knowing how to appoint someone isn’t enough. Small business owners must learn how to elect, dismiss, and change their Ohio registered agent at any time. If yours should leave for any reason, not designating a new agent in time will hurt your good standing with the state.

We will fill out the paperwork to elect or change your Ohio registered agent, file it with the state, and fulfill your registered agent requirements. If you’d prefer to complete the paperwork yourself, follow the steps below on electing and changing an Ohio registered agent.

Electing an Ohio Registered Agent

The best way to elect an Ohio registered agent is by naming one in the Articles of Incorporation formation documents filed with the Ohio Secretary of State.[3]

Doing so allows you to avoid paying the state fees associated with appointing an Ohio statutory agent. Add the registered agent’s name to the paperwork and get their signature before filing.

Elect a Registered Agent Online

Online filings are convenient. You can form your LLC online on the Ohio Secretary of State website in the Ohio Business Filings portal.

Elect a Registered Agent by Mail

Suppose you wish to elect a statutory agent using a physical Articles of Organization form. In that case, you can submit your paperwork to the following address:

Ohio Secretary of State

P.O. Box 788

Columbus, OH 43216

Changing an Ohio Registered Agent

If your current registered agent leaves for any reason, you must quickly elect a new one by filing a Statutory Agent Update form with the Ohio Secretary of State.[4]

The process is straightforward because the same form works for Ohio LLCs, partnerships, REITs, business trusts, and other entities.

Once completed, you can file and pay the filing fee of $25 at the following address:

Ohio Secretary of State

P.O. Box 788

Columbus, OH 43216

FAQs

Who can be an Ohio registered agent?

Ohio registered agents can be individuals or business entities. For individuals, only residents of the state over 18 years old can serve in this capacity. For business entities, any domestic or foreign LLC, corporation, nonprofit, and other businesses with a physical address in the state and a license to transact can serve as registered or statutory agents.

How much does a registered agent in Ohio cost?

The cost of an Ohio registered agent can vary wildly, as in most states. You can expect to pay anywhere from $50 to over $300, depending on what responsibilities you want the agent to fulfill. Advisory services and other perks may cost extra. With Swyft Filings, you can get a flat $149 yearly rate.

How can I change my registered agent in Ohio?

Changing your Ohio registered agent costs $25 and requires filing the Statutory Agent Update form with the Secretary of State. Make sure you specify your business structure correctly, as the form is the same for most business entities.

How can I find a registered agent in Ohio?

You can find registered agent services in Ohio using the Secretary of State’s online database. Alternatively, you can ask for recommendations, look for the best registered agent services online, etc.

What is an Ohio registered office?

Registered office means a registered agent’s place of business or real street address. It’s where your elected agent receives documents on your behalf during regular business hours. Residential and business addresses qualify as registered offices, but mail services and P.O. Boxes don’t meet Ohio statutes.

What’s the difference between a registered agent and a resident agent or statutory agent?

The elected point of contact for your company can have many names. For example, statutory agent is a widespread term in Ohio. Still, it means the same thing as a registered agent and resident agent. Sometimes you may even hear the term agent for service of process. Official forms across the country usually use the term registered agent or statutory agent more than anything else.

What is a registered agent service?

A registered agent service is a third party that fulfills the registered agent requirements on behalf of the business. Swyft Filings offers a reliable registered agent service that maintains your privacy, provides immediate access to vital documents, and gives you more time to focus on your business.

Bibliography

1. Ohio Secretary of State. “Frequently Asked Questions.” Accessed on December 15, 2022.

2. Ohio Laws and Administrative Rules. “Section 1701.07 | Statutory agent - cancellation and reinstatement of articles.” Accessed on December 15, 2022.

3. Ohio Secretary of State. “Filing Forms and Fee Schedule.” Accessed on December 15, 2022.

4. Ohio Secretary of State. “Form 521 Statutory Agent Update.” Accessed on December 15, 2022.