What are the name limitations for LLC?

When forming an LLC in Ohio, names must be distinguishable from existing businesses. The name should end with 'Limited Liability Company,' 'LLC,' or 'L.L.C.' Additionally, the name cannot imply any illegal activities or mislead the public regarding its purpose. For complete compliance, consult the Ohio Revised Code.

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Ohio Affidavit of Payment in Full - Individual

Name Ohio Revised With The State

Category:

Liens - Construction - Mechanics

State:

Ohio

Control #:

OH-06-09

Format:

Instant download

Description

The Affidavit of Payment in Full - Individual is a legal document used in Ohio, specifically referencing the revised code section 1311.011(B)(1). This form allows individuals to affirm that they have fully paid the contractor for home construction or purchase related to a specified property. Key features of this form include sections for the owner's name, contractor's name, property details, and a notary acknowledgment to ensure authenticity. It is crucial that users fill out the date of payment, as well as provide witness signatures when necessary. Attorneys, partners, owners, associates, paralegals, and legal assistants can utilize this affidavit to validate full payment and protect against mechanics' liens. It is particularly useful in real estate and construction transactions where proof of payment is essential. Clarity in completing this form helps create a secure legal atmosphere for real estate dealings in Ohio.

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How to fill out Ohio Affidavit Of Payment In Full - Individual?

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FAQ

Section 1706.172 D of the Ohio Revised Code outlines specific regulations regarding the naming of LLCs in Ohio. This section specifies the criteria for an acceptable name, such as the requirement to include certain identifiers and prohibitions on misleading terms. Familiarizing yourself with this code ensures your LLC name aligns with state laws.

Common guidelines for naming an LLC in Ohio include making sure the name is unique and descriptive of the business’s purpose. It should not mislead or confuse the public, and it must include a designator like 'LLC.' Additionally, avoid using terms that imply government affiliation or restricted words without appropriate licensing.

Recent updates to Ohio laws governing LLCs aim to simplify the formation and management of these entities. Key changes include streamlined filing processes and more transparent reporting requirements. These adjustments benefit LLC owners by reducing bureaucracy and enhancing compliance with the Ohio Revised. Staying informed about these regulations is crucial.

To change your name publicly in Ohio, you must publish a notice of your name change in a local newspaper for a specified period. This requirement helps inform the community and any interests that might be affected by your name change. Following the publication, ensure you have proof to present to the court to finalize your change legally.

The rules for LLC names in Ohio require names to include specific identifier terms like 'LLC' or 'Limited Liability Company.' Additionally, names must not be misleading or confusingly similar to other registered businesses. It is crucial to check the Ohio Secretary of State's business name database before finalizing your choice.

To legally change your name in Ohio, file a petition in your local probate court. You must provide identification and a valid reason for the change. After the court reviews your petition, you'll receive a hearing date. Following approval, use your court order to update your name on all identification and legal documents.

In Ohio, certain words are restricted in LLC names. For instance, names cannot include terms like 'bank', 'trust', or 'insurance' unless the company is authorized to operate in those sectors. Furthermore, any name suggesting a government affiliation is also prohibited. Always check the Ohio Revised statute to ensure your chosen name meets these guidelines.

When forming an LLC in Ohio, names must be distinguishable from existing businesses. The name should end with 'Limited Liability Company,' 'LLC,' or 'L.L.C.' Additionally, the name cannot imply any illegal activities or mislead the public regarding its purpose. For complete compliance, consult the Ohio Revised Code.

People often choose fictitious names for reasons such as marketing, privacy, or creativity. A fictitious name can help in establishing a brand that resonates with a target audience without the constraints of a legal business name. Additionally, using a fictitious name can add an element of flair or identity to a business. For those looking to register a fictitious name in Ohio, resources like US Legal Forms can simplify the process.

To change your name in Ohio, you typically need to file a petition with your local court and submit the required documentation. This process may include stating your reasons for the name change and ensuring that it does not infringe on the rights of others. Once the court approves, you can update your records with state agencies. For a seamless experience, platforms like US Legal Forms can assist you with the necessary paperwork.

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Affidavit of Payment in Full - Individual

Note: This summary is not intended to be an all inclusive summary of the law of construction liens in Ohio, but does contain basic and other provisions.

Definitions relative to Ohio Mechanics' Liens as used in sections 1311.01 to 1311.22 of the Revised Code:

(A) "Owner," "part owner," or "lessee" includes all the interests either legal or equitable, which such person may have in the real estate upon which the improvements are made, including the interests held by any person under contracts of purchase, whether in writing or otherwise.

(B) "Materialman" includes any person by whom any materials are furnished in furtherance of an improvement.

(C) "Laborer" includes any mechanic, workman, artisan, or other individual who performs labor or work in furtherance of any improvement.

(D) "Subcontractor" includes any person who undertakes to construct, alter, erect, improve, repair, demolish, remove, dig, or drill any part of any improvement under a contract with any person other than the owner, part owner, or lessee.

(E) "Original contractor," except as otherwise provided in section 1311.011 [1311.01.1] of the Revised Code, includes a construction manager and any person who undertakes to construct, alter, erect, improve, repair, demolish, remove, dig, or drill any part of any improvement under a contract with an owner, part owner, or lessee.

(F) "Construction manager" means a person with substantial discretion and authority to manage or direct an improvement, provided that the person is in direct privity of contract with the owner, part owner, or lessee of the improvement.

(G) "Notice of commencement" means the notice specified in section 1311.04 of the Revised Code.

(H) "Notice of furnishing" means the notice specified in section 1311.05 of the Revised Code.

(I) "Materials" means all products and substances including, without limitation, any gasoline, lubricating oil, petroleum products, powder, dynamite, blasting supplies and other explosives, tools, equipment, or machinery furnished in furtherance of an improvement.

(J) "Improvement" means constructing, erecting, altering, repairing, demolishing, or removing any building or appurtenance thereto, fixture, bridge, or other structure, and any gas pipeline or well including, but not limited to, a well drilled or constructed for the production of oil or gas; the furnishing of tile for the drainage of any lot or land; the enhancement or embellishment of real property by seeding, sodding, or the planting thereon of any shrubs, trees, plants, vines, small fruits, flowers, or nursery stock of any kind; and the grading or filling to establish a grade.

(K) "Wages" means the basic hourly rate of pay and all other contractually owed benefits.

(L) "Home construction contract" means a contract entered into between an original contractor and an owner, part owner, or lessee for the improvement of any single- or double family dwelling or portion of the dwelling or a residential unit of any condominium property that has been submitted to the provisions of Chapter 5311. of the Revised Code; an addition to any land; or the improvement of driveways, sidewalks, swimming pools, porches, garages, carports, landscaping, fences, fallout shelters, siding, roofing, storm windows, awnings, and other improvements that are adjacent to single- or double family dwellings or upon lands that are adjacent to single- or double family dwellings or residential units of condominium property, if the dwelling, residential unit of condominium property, or land is used or is intended to be used as a personal residence by the owner, part owner, or lessee.

(M) "Home purchase contract" means a contract for the purchase of any single- or double family dwelling or residential unit of a condominium property that has been subjected to the provisions of Chapter 5311. of the Revised Code if the purchaser uses or intends to use the dwelling, a unit of a double dwelling, or the condominium unit as his personal residence.

(N) "Lending institution" means any person that enters into a contract with the owner, part owner, purchaser, or lessee to provide financing for a home construction contract or a home purchase contract, which financing is secured, in whole or in part, by a mortgage on the real estate upon which the improvements contemplated by the home construction contract are to be made or upon the property that is the subject of the home purchase contract, and that makes direct disbursements under the contract to any original contractor or the owner, part owner, purchaser, or lessee.

(O) "Original contractor" includes any person with whom the owner, part owner, lessee, or purchaser under a home purchase contract or a home construction contract has directly contracted.

Who My File a Lien?

Pursuant to Ohio statutes, a contractor, subcontractor, or materialman who has provided labor or materials to a construction project may file a lien against the property for the value of the labor performed or materials supplied by filing an Affidavit of Mechanic's Lien. A lien may not be obtained against property when the party claiming the lien has been paid in full before the property owner has received a copy of the lien claimant's Affidavit of Mechanic's Lien. O.R.C. 1311.01(B).

How Long Does a Lien Claimant Have to File a Lien?

An Affidavit for a Mechanic's Lien must be filed within sixty days from the last day of work performed by the party claiming the lien, if the project is a one or two family residential dwelling. Otherwise, the lien claimant has seventy-five (75) days to file for a lien. An exception is liens involving oil and gas leases, which may be filed within one hundred and twenty (120) days. O.R.C.1311.06(B).

What is a Notice of Commencement?

Prior to beginning work on a project which may give rise to a mechanic's lien, the property owner should file a Notice of Commencement with the county recorder in the county where the property is located. A Notice of Commencement is an affidavit which describes the improvements to be made to the property, the legal description of the property, and the names and addresses of all parties involved in the contract, along with some statutory notices, that put potential buyers or lenders on notice that improvements that may cause a lien to be filed are being made. O.R.C. 1311.04(A)(1).

A subcontractor, materialman, or laborer, may make a written request for a copy of the Notice of Commencement, to which the owner is obligated to respond within ten days. O.R.C. 1311.04(D).

What is a Notice of Furnishing?

As a counterpart to the owner's Notice of Commencement is the Notice of Furnishing that must be served by a subcontractor or materialsman on the property owner. A Notice of Furnishing serves to put the owner on notice that the party furnishing labor and materials may be entitled to a lien against the property. O.R.C. 1311.05(A)

If the Notice to Commencement has been filed, a party who wants to preserve their right to file a lien must file their Notice of Furnishing within twenty-one days of the Notice of Commencement being served. O.R.C. 1311.04(I).

How is a Lien Released?

When an Affidavit has been filed and the lien claimant has subsequently been paid, the property owner may file an affidavit attesting to the fact that the lien has been satisfied. The lienholder has thirty days from receipt of this affidavit to file a lien release or be subject to pay the property owner damages as a result. O.R.C. 1311.01(B)(3).

Lending institutions may not release funds to a contractor until that contractor has filed an affidavit stating that the contractor has paid all subcontractors, laborers, and materialmen in full, and that there are no further claims pending against the project. A property owner may issue written demand that the contractor issue this affidavit and may withhold payment until the affidavit is received. O.R.C. 1311.01(B)(4).

If there is a dispute between subcontractors and the principal contractor regarding payment, such that the subcontractor will not release his lien, under Ohio statutes, the property owner is entitled to withhold payment to the principal contractor in the amount of the lien. In response, the principal contractor and lending institution may demand that the lien holder provide them with information regarding the amount of the lien and the dates upon which work was performed. The owner or lending institution may only release payment to the original contractor when the lien holder has given notice that he has been paid, the subcontractor issues a lien release, the original contractor provides a bond, or the time under which a lien may be filed has expired. O.R.C. 1311.01(B)(8).

How Else May a Property Owner Respond to a Lien?

After a lien has been filed, a property owner may serve a Notice to the Lien holder to Commence Suit. Within thirty days of serving the notice the property owner must file the notice with an affidavit indicating how service was accomplished. The lien holder has sixty days after being served to file suit or his lien will be rendered void. O.R.C. 1311.11(B)(3)