Ohio Franchise Forms - Ohio Franchise Form

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Ohio Franchise Forms FAQ

What is a franchise?

There is a definition of a franchise which has been developed by the Federal Trade Commission. Basically, a franchise involves an owner of a trademark, trade name and/or copyright giving others a license under certain conditions to use these trademarks, trade names or copyrights in providing goods or services to the public. The franchisor is the party who grants the franchise, and the franchisee is the party who receives the franchise.

What is the legal relationship between a franchisor and franchisee?

Technically, the relationship between a franchisor and franchisee is a relationship between two independent contractors. Their rights are determined by the franchise agreement. A franchise then is not a separate business entity, but is a business relationship between two separate business organizations such as a sole proprietorship, a corporation, or a partnership. The relationship between the franchisor and franchisee is controlled by the franchise contract. A corporation, sole proprietorship, or partnership may own the franchise contract or may be the entity entering into the franchise contract.

What laws govern franchises?

There are laws that restrict termination of some franchises. In some states, prior notice of termination is required. Owners of automobile dealership franchises are protected from termination of their dealerships in bad faith. This protection is provided by the Federal Automobile Dealers Franchise Act.


What are Articles of Incorporation?

Articles of Incorporation are legal documents that establish and provide crucial information about a corporation. In Ohio, these articles must be filed with the Ohio Secretary of State's office in order to officially form a corporation. The articles typically include essential details such as the corporation's name, purpose, business address, and the names and addresses of its initial directors and incorporates. Additionally, the articles may also outline other important information like the corporation's capital structure, its stock issuance, and its duration. By filing the articles, a corporation is created and granted legal recognition and protection.


What to Include in Articles of Incorporation

When creating the Articles of Incorporation in Ohio, it is important to include some key information to legally establish your corporation. First, you should provide the name of your corporation, which must be unique and end with a corporate designator like "Inc." or "Corp." Next, you should state the purpose of your corporation, describing the type of business or activities it will engage in. You must also include the name and address of a registered agent who will receive legal notices on behalf of the corporation. Additionally, you need to mention the number and type of shares your corporation is authorized to issue. Lastly, you should provide the names and addresses of the incorporates who are initiating the creation of the corporation. By including these essential details in your Articles of Incorporation, you can ensure that your corporation is legally recognized in Ohio.


1. Full Name of Corporation

The full name of the corporation in Ohio is a legal designation that includes the complete and official name of the company operating within the state of Ohio. It is a combination of words used to identify the specific entity, and it is registered and recognized by the state of Ohio as a legally operating corporation. This name is unique to the company and helps distinguish it from other businesses in the same industry.


2. Principal Place of Business

The Principal Place of Business refers to the main location where a company conducts its daily operations and carries out its core activities. In Ohio, this means the central hub or headquarters of a business within the state. It is the primary physical location where employees work, clients are served, and administrative functions are managed. Having a Principal Place of Business in Ohio can provide various advantages, such as proximity to local markets and resources, access to a skilled labor force, and opportunities for networking and collaboration with other businesses in the state.


12. Limitation of Director’s Liability

In Ohio, there are limitations on the liability of directors of companies. This means that directors are protected from being personally responsible for certain actions or decisions made on behalf of the company. These limitations are put in place to encourage individuals to take on director roles without the fear of facing excessive personal liability if something goes wrong. However, it is important to note that these limitations are not absolute, and directors can still be held liable if they act fraudulently or in violation of their legal duties. This helps strike a balance between protecting directors and ensuring they act in the best interest of the company and its stakeholders.