Prohibited filings under the Commercial transactions law or Corporations, partnerships law that include the name or address of another person without their consent.
Or submitted by a person that lacks authority to make filing (i.e., fraudulent filings).
Authorized any person who believes they have been impacted by a fraudulent filing to file a complaint with Secretary of State (SOS); requires SOS review each complaint.
Allowed SOS to forward likely violations to county prosecutor for criminal investigation.
Required SOS, upon determining complaint indicates a likely violation, meets bill’s content-related requirements, to send demand to person that allegedly made filing.
Person that receives a notice, demand must respond to the allegations within 21 days.
SOS required to cancel or invalidate filings determined to be fraudulent/unauthorized.
Further, allowed aggrieved parties to appeal the SOS’s determinations or actions.
Other Bill Provisions
Required a statutory agent appointment to include the address of the agent’s primary residence or usual place of business in this State; specified PO Box does not qualify.
Limited the period in which corporations, associations, and limited liability companies can be reinstated to two years from the date on which the entity was abolished.
Provided for public record solicitations, property tax exemptions and abatements.
Legislative History
On Mar. 28, 2023, bill was introduced in Senate; on Dec. 13, 2023, bill passed Senate.
On Dec. 19, 2023, bill was introduced in House; on Jun. 26, 2024, bill passed House.
On Jun. 26, 2024, bill House amendments were concurred by the Senate.
Effectiveness
OH LEG bills without effective dates specified in bill text become effective on the 91st day following the bill's filing with the Secretary of State for final enrollment.
Jul. 2024 OH LEG Governor Approval
On Jul. 24, 2024, OH LEG reported bill approval by the governor, bill effective on the 91st day following the bill's filing with the Secretary of State for final enrollment.
Document dated Jul. 24, 2024, received from OH LEG Jul. 29, summarized on Aug. 1.
Sep. 2024 Editorial Update
On Sep. 2, 2024, Reg-Track made editorial update to change effective date to Oct. 24.
