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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 41221
Experience:  Run my own successful business/contract law practice.
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In Ohio - was told an LLC was "defacto", can I file it

Customer Question

In Ohio - was told an LLC was "defacto", can I file it anyway?
Submitted: 2 years ago.
Category: Business Law
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your post. Please permit me to assist you with your concerns. My apologies but I am a bit unclear as to your question. File for what? Against it in a suit? or file to register it? Could you please clarify?
Customer: replied 2 years ago.
Thank you for helping. For example - I was told the company, "ABC, LLC" was a "de facto" LLC. I searched the State of Ohio Secretary of State website looking for an LLC by that name and didn't find any. Could I file the paperwork for that LLC myself?
Expert:  Dimitry K., Esq. replied 2 years ago.
Ahh, I see. A 'De Facto' corporation means that someone in the state is acting under that name, and it can be treated as a corporation, but they have no real protection. Therefore, yes, you can file for that name on your own, and essentially try to obtain it under their nose. One caveat, however--if they do file suit against you for infringement and can somehow prove that their name has greater 'secondary meaning', the judge might (and I stress 'might') side with them, so there is a risk of litigation. But generally speaking if you file first this ends up becoming your entity name once you formally register it. Sincerely, ***** *****