State of Ohio continued existence statement?

Started by LisaK10 • 6 replies • 3655 views

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LisaK10 (Ohio)
Posts: 2

Posted:

Our condo association has been in effect for 22 yrs. We have by-laws & declaration
Now I just heard we need to have a certificate from the Secretary of State's office
verifying we are still in existance? Why would we need this. It's only
$25.00 but I just don't know why it's needed.

thanks

GlenL (Ohio)
Posts: 5,491

Posted:

I'll take a wild guess here but I would say it's a way for the state to raise a little cash. $25.00 times how many corporati

Studies show that 5 out of 4 people have problems with fractions

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By LisaK10 on 02/05/2013 11:45 AM
Our condo association has been in effect for 22 yrs. We have by-laws & declaration
Now I just heard we need to have a certificate from the Secretary of State's office
verifying we are still in existance? Why would we need this. It's only
$25.00 but I just don't know why it's needed.

You said the certificate comes from the Secretary of State but who is asking for it?

The document sounds like it could be a Certificate of Good Standing, which is typically used to verify that the corporation is, uh, in good standing with the state.

LisaK10 (Ohio)
Posts: 2

Posted:

well actually no one is asking for it. A friend of mine in another assoc.
told me about it. Their president requested a re-instatement of this certificate
orig. all the assoc had it for a 5 yr period. but then as officers changed and
I guess notices were sent to the wrong people it lapsed. So they re-instated
theirs. But I really see no purpose in this. We've been going for 22 yrs, file
our taxes, what do we need them for?

GlenL (Ohio)
Posts: 5,491

Posted:

Lisa if you go to the Secretary of States web site you can find the form at the URL below. Your friend is correct it is required every five years unless you have a recent filing like change of statutory agent. But I stand by my original statement, it looks like a revenue generating scheme more than anything.

It's stated purpose is:

This form should be used by a nonprofit corporation (domestic or foreign) to verify its continued existence in Ohio. This form must be submitted every 5 years if no other filing has been submitted.Please check box (1) or box (2) to state whether the nonprofit corporation is a domestic or foreign corporation.

http://www.sos.state.oh.us/sos/upload/business/filingformsfeeschedule.aspx?page=251#domNon

Studies show that 5 out of 4 people have problems with fractions

LarryB13 (Arizona)
Posts: 4,099

Posted:

Are there any other annual reports you must file? Twenty-five dollars every five years is not much of a burden. We have to file a 4-page report every year and I think the fee is $45.

The part about whether it is a domestic corporation is dumb. The state should already know whether you are a domestic or foreign corporation from your articles of incorporation. That does not change. (On the other hand, my state's corporation commission annual report demands answers to certain questions that the form says can be found in our articles of incorporation. In other words, it is information they already have in their system.)

JohnC46 (South Carolina)
Posts: 14,265

Posted:

The fact that a corporation files state tax returns, does not that keep the corporation alive in that state?

Years back I filed as an LLC in a state to protect a name for future use in that state. I used a family members address and they would save anything for me that came to the LLC's name at their address.

For some 10 years I did nothing. I basically threw all the mail (mostly junk) away. I finally moved and opened the business in that state. After filing taxes in that state for the first time, I got a letter that said you have been inactive for 10 years and you need to catch up on taxes.

Basically I answered their questions saying no business was done in the state for the last 10 years thus no taxes owed. They said OK and backed off

Bottom line is I think the issue is a non issue and more the state looking for some "business" license revenue.

Now I do realize the F'd up state of FL has some "expiration" things on land grants, whatever, but I believe that is another issue.

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