Criminal Offense for Not Registering LLC in Cleveland, OH

Criminal Offense for Not Registering LLC in Cleveland, OH

Accountant / Attorney · San Juan, PR · Member since 2017 · 67 posts · 171 votes

Ordinance in Cleveland makes it a first degree misdemeanor to buy property in an LLC without registering the LLC to do business in Ohio. Know of an LLC that just got convicted on two counts. $500 fine for each count, required disclosure of 1065, and "inactive community control" for 2 years. Community organizer showed up and LLC's need to report to him on properties. And they are "in the system" and "being watched". Oh yeah, and about ten grand in attorneys' fees.

First, this particular ordinance is absurd.  Typical NE Ohio socialism/fascism/Mandarin bureaucratic overkill.  One of many idiotic local ordinances.  Not a good place to do business.

But.

States are understandably not happy when people ask for the protection of the law (asset protection) but fail to follow it (register in state for a modest fee).  OH normally starts with a fine of $10k for such "deceptive business practices".  CA does not allow such an entity standing in court.  All understandable.

I'd think twice before using an unregistered out-of-state entity to "save money" on registration.  Better yet, use an in-state entity.

I believe this is the part where the Asset Protection Salesmen tell me how using trusts will magically solve the problem.  

Good luck with that.

Bottom line:  If you want the protection of the law, follow the law.

5Reply
25 views

Most Popular Reply

Rental Property Investor · Davenport, FL · Member since 2016 · 593 posts · 382 votes
8y

@John Hyre

It cost me $100 to register my corporation in OH and get a license to do business there as a foreign corporation. Another $125 per year to hire a registered agent. Sure beats 10k in attorney's fees and fines. 

See this reply in the discussion

10 Replies

Jump to latestLatest
  • Investor · brentwood, CA · Member since 2016 · 1k+ posts · 730 votes
    8y

    Ahh, the old Metzenbaum effect rearing it's ugly head again 😂

  • Accountant / Attorney · San Juan, PR · Member since 2017 · 67 posts · 171 votes
    8y

    @Christopher Smith,

    Yeah, ain't that the truth.  

  • Michael PlaksPro Member
    Tax Accountant / Enrolled Agent · Houston, TX · Member since 2014 · 5k+ posts · 6k+ votes
    8y

    Just to clarify - I upvoted @John Hyre not because I support the madness but because I appreciate the heads-up. And John's closing line especially: If you want the protection of the law, follow the law.

  • Real Estate Broker · Cleveland Dayton Cincinnati Toledo Columbus & Akron, OH · Member since 2013 · 30k+ posts · 20k+ votes
    8y

    #TheLand

  • Rental Property Investor · Davenport, FL · Member since 2016 · 593 posts · 382 votes
    8y

    @John Hyre

    It cost me $100 to register my corporation in OH and get a license to do business there as a foreign corporation. Another $125 per year to hire a registered agent. Sure beats 10k in attorney's fees and fines. 

  • Accountant / Attorney · San Juan, PR · Member since 2017 · 67 posts · 171 votes
    8y

    @Kristopher Hanks, I second that.  Following the law isn't always hard.  Beats the elaborate schemes of Asset Protection Salesmen to avoid a simple (at least in some places) requirement.

  • Ned CareyPro Member
    Moderator
    Investor · Baltimore, MD · Member since 2008 · 17k+ posts · 13k+ votes
    8y

    @John Hyre it is one of my frustrations that so many investors choose to be ignorant about the law. They also don't want to spend a penny on the lobbying to fight these ridiculous laws.

  • Fort Lauderdale, FL · Member since 2016 · 214 posts · 95 votes
    8y

    @Kristopher Hanks; I was absolutely floored when I found out from a friend that the state of his residence required annual LLC filing & fees. To add insult to injury, it was many times more expensive to register an LLC than it was in Ohio.

  • Rental Property Investor · Davenport, FL · Member since 2016 · 593 posts · 382 votes
    8y

    @Jason Goretzki

    My company is a Nevada Corporation. They do that and a couple years ago they doubled their fees. It used to be the number 2 business friendly state. Not anymore. I have thought about moving my registration to another state. 

Join the conversationCreate a free account to reply, vote on answers and follow this thread.