Effective: May 20, 2014
Latest Legislation: Senate Bill 98 - 130th General Assembly
(A) Every foreign corporation for profit that is licensed to transact business in this state, and every foreign nonprofit corporation that is licensed to exercise its privileges in this state, shall have and maintain an agent, sometimes referred to as the "designated agent," upon whom process against the corporation may be served within this state. The agent shall be one of the following:
(1) A natural person who is a resident of this state;
(2) A domestic or foreign corporation, nonprofit corporation, limited liability company, partnership, limited partnership, limited liability partnership, limited partnership association, professional association, business trust, or unincorporated nonprofit association that has a business address in this state. If the agent is an entity other than a domestic corporation, the agent shall meet the requirements of Title XVII of the Revised Code for an entity of the agent's type to transact business or exercise privileges in this state.
(B) The written appointment of a designated agent shall set forth the name and address of the agent, including the street and number or other particular description, and shall otherwise be in such form as the secretary of state prescribes. The secretary of state shall keep a record of the names of such foreign corporations and the names and addresses of their respective agents.
(C) If the designated agent dies, removes from the state, or resigns, the foreign corporation shall forthwith appoint another agent and file in the office of the secretary of state, on a form prescribed by the secretary of state, a written appointment of the new agent.
(D) If the designated agent changes the agent's address from that appearing upon the record in the office of the secretary of state, the foreign corporation or the designated agent in its behalf shall forthwith file with the secretary of state, on a form prescribed by the secretary of state, a written statement setting forth the agent's new address.
(E) A designated agent may resign by filing with the secretary of state, on a form prescribed by the secretary of state, a signed statement to that effect. The secretary of state shall forthwith mail a copy of the statement to the foreign corporation at its principal office as shown by the record in the secretary of state's office. Upon the expiration of sixty days after the filing, the authority of the agent shall terminate.
(F) A foreign corporation may revoke the appointment of a designated agent by filing with the secretary of state, on a form prescribed by the secretary of state, a written appointment of another agent and a statement that the appointment of the former agent is revoked.
(G) Process may be served upon a foreign corporation by delivering a copy of it to its designated agent, if a natural person, or by delivering a copy of it at the address of its agent in this state, as the address appears upon the record in the office of the secretary of state.
(H) This section does not limit or affect the right to serve process upon a foreign corporation in any other manner permitted by law.
(I) Every foreign corporation for profit shall state in each annual report filed by it with the department of taxation the name and address of its designated agent in this state.
Structure Ohio Revised Code
Title 17 | Corporations-Partnerships
Chapter 1703 | Foreign Corporations
Section 1703.01 | Foreign Corporation Definitions.
Section 1703.02 | Corporations Excepted.
Section 1703.03 | License Required.
Section 1703.031 | Notice of Transaction of Business.
Section 1703.04 | Application for License.
Section 1703.041 | Designated Agent.
Section 1703.05 | License Certificate.
Section 1703.06 | Exclusive Use of Name.
Section 1703.07 | Certificate of Merger or Consolidation.
Section 1703.08 | Certificate of Amendment to Articles.
Section 1703.12 | Supplemental License Certificate.
Section 1703.13 | Temporary License.
Section 1703.15 | Cancellation of License.
Section 1703.16 | Expiration or Cancellation Not to Affect Pending Actions.
Section 1703.17 | Surrender of License.
Section 1703.19 | Service of Process on Secretary of State.
Section 1703.20 | Freedom From Attachment.
Section 1703.22 | Recording of Amendment and Certificate for Change of Name.
Section 1703.23 | Notice to Foreign Corporations.
Section 1703.24 | Secretary of State to Keep Records and Make Monthly Report to Tax Commissioner.
Section 1703.25 | Action to Recover Fees Paid Under Protest.
Section 1703.27 | Foreign Nonprofit Corporations.
Section 1703.28 | Forfeiture for Transacting Business Without License.
Section 1703.30 | Officer of Unlicensed Foreign Corporation Shall Not Transact Business.