Ohio § 1703.031

§ 1703.031.

(A) If the laws of the United States prohibit, preempt, or otherwise eliminate the licensing

requirement of sections 1703.01 to 1703.31 of the Revised Code with respect to a corporation that is a bank, savings bank, or savings and loan association

chartered under the laws of the United States, the main office of which is located

in another state, the bank, savings bank, or savings and loan association shall notify

the secretary of state that it is transacting business in this state by submitting

a notice in such form as the secretary of state prescribes.  The notice shall be verified by the oath of the president, vice-president, secretary,

or treasurer of the bank, savings bank, or savings and loan association, and shall

set forth all of the following: (1) The name of the corporation and any trade name under which it will do business in

this state; (2) The location and complete address, including the county, of its main office in another

state and its principal office, if any, in this state; (3) The appointment of a designated agent and the complete address of such agent in this

state, which agent may be a natural person who is a resident of this state, or may

be a domestic corporation for profit or a foreign corporation for profit holding a

license as such under the laws of this state, provided that the domestic or foreign

corporation has a business address in this state and is authorized by its articles

of incorporation to act as such agent; (4) The irrevocable consent of the corporation to service of process on such agent so

long as the authority of the agent continues and to service of process upon the secretary

of state in the events provided for in section 1703.19 of the Revised Code ; (5) A brief summary of the business to be transacted within this state. (B) The notice required by this section shall be accompanied by a certificate of good

standing or subsistence, dated not earlier than sixty days prior to the submission

of the notice, under the seal of the proper official of the agency of the United States

that incorporated the bank, savings bank, or savings and loan association, setting

forth the exact corporate title, the date of incorporation, and the fact that the

bank, savings bank, or savings and loan association is in good standing or is a subsisting

bank, savings bank, or savings and loan association. (C) Upon submission of the notice, a bank, savings bank, or savings and loan association

shall pay a filing fee to the secretary of state as required by section 111.16 of the Revised Code . (D)(1) No such notice shall be accepted for filing if it appears that the name of the bank,

savings bank, or savings and loan association is any of the following: (a) Prohibited by law; (b) Not distinguishable upon the records in the office of the secretary of state from

the name of a limited liability company, whether domestic or foreign, or any other

corporation, whether nonprofit or for profit and whether that of a domestic corporation

or of a foreign corporation authorized to transact business in this state, unless

there is also filed with the secretary of state the consent of the other limited liability

company or corporation to the use of the name, evidenced in a writing signed by any

authorized representative or authorized officer of the other limited liability company

or corporation; (c) Not distinguishable upon the records in the office of the secretary of state from

a trade name, the exclusive right to which is at the time in question registered in

the manner provided in Chapter 1329. of the Revised Code, unless there also is filed

with the secretary of state the consent of the other corporation or person to the

use of the name, evidenced in a writing signed by any authorized officer of the other

corporation or authorized party of the other person owning the exclusive right to

the registered trade name. (2) Notwithstanding division (D)(1)(b) of this section, if a notice is not acceptable

for filing solely because the name of the bank, savings bank, or savings and loan

association is not distinguishable from the name of another corporation or registered

trade name, the bank, savings bank, or savings and loan association may be authorized

to transact business in this state by filing with the secretary of state, in addition

to those items otherwise prescribed by this section, a statement signed by an authorized

officer directing the bank, savings bank, or savings and loan association to transact

business in this state under an assumed business name or names that comply with the

requirements of division (D) of this section and stating that the bank, savings bank,

or savings and loan association will transact business in this state only under the

assumed name or names. (E) The secretary of state shall provide evidence of receipt of notice to each bank,

savings bank, or savings and loan association that submits a notice required by this

section.