Quick answer
- Who qualifies
- An Ohio resident, or an entity with an Ohio business address
- Address
- Physical Ohio street address; no P.O. box
- Acceptance
- Signed by the agent and filed with the state
- Must be kept
- At all times while the business is on record
- Changes
- Form 521, $25
Who must have a statutory agent
| Entity type | Statute |
|---|---|
| Ohio LLC, or foreign LLC registered in Ohio | ORC 1706.09 |
| Ohio for-profit corporation | ORC 1701.07 |
| Ohio nonprofit corporation | ORC 1702.06 |
| Foreign corporation licensed in Ohio | ORC 1703.041 |
Who can serve
The agent has to be one of two things:
- A natural person who is a resident of Ohio
- A business entity that is authorized to do business in Ohio and has a business address in the state
There is no license or state registration for agents. The location test is statewide: an agent anywhere in Ohio can serve a business anywhere in Ohio.
The address rule
The agent's address must be a physical location in Ohio. A P.O. box does not qualify. The address is public and appears on the Secretary of State's business search.
The acceptance rule
An appointment is valid only with the agent's written acceptance. On formation filings and on Form 521, the agent signs to confirm it has agreed to serve. Filings without it are rejected.
Keeping the appointment current
The business has to keep an agent on record continuously. Three events require a filing:
| What happened | What to file | State fee |
|---|---|---|
| You are switching to a new agent | Form 521 with the new agent's acceptance | $25 |
| Your agent's address changed | Form 521 | $25 |
| Your agent resigned | Form 521 naming a replacement, before the resignation takes effect | $25 |
A resignation takes effect 30 days after it is filed for LLCs and for-profit corporations, and 60 days after for nonprofit corporations.
If the requirement is not met
When an LLC has no valid agent on record, the Secretary of State sends notice. If the problem is not fixed within 30 days of that notice, the LLC's articles are canceled. Details and how to recover are in what happens without a statutory agent.
Meeting the requirements
- Serve yourself, if you live in Ohio: pros and cons
- Hire a commercial agent: seven providers compared
- Switch agents: how to file Form 521