Foreign Corporation’s Capacity to Sue in Ohio
Statutes
"The failure of any corporation to obtain a license does not affect the validity of any contract with such corporation, but no unlicenced foreign corporation can maintain any action in any court until it has obtained a license. Before any corporation can maintain an action on any cause of action arising at the time when it was not licensed, it must pay a fine and file specified paperwork. ORC § 1703.29
Requirements do not apply to corporations engaged in this state solely in interstate commerce. ORC § 1703.02"
Cases
Comments
Please be advised that certain lending activities, such as equipment finance leasing, have been held as not qualify as interstate commerce. See Contel Credit Corp. v. Tiger, Inc., 36 Ohio App. 3d 71, 73 (9th Dist. 1987). Therefore, equipment finance leasing would require a license to transact business as well as maintain a suit in Ohio.
Contributors
The statutory information was edited and reviewed with the support of MultiState