Ohio § 4707.073

§ 4707.073.

(A) No corporation, limited liability company, general or limited partnership, or unincorporated

association shall act or hold itself out as an auctioneer without a valid auctioneer's

license issued under this section. (B) The department of agriculture may grant an auctioneer's license to a corporation,

limited liability company, general or limited partnership, or unincorporated association

that is determined to be qualified by the department.  Every applicant for a license under this section shall furnish to the department,

on forms provided by the department, satisfactory proof that the applicant: (1) Is in good standing with the secretary of state if the applicant is a corporation; (2) Is of trustworthy character; (3) Has provided proof of financial responsibility as required in section 4707.11 of the Revised Code ; (4) Is registered with the secretary of state or a local authority, as applicable, to

do business in this state; (5) Has complied with any other requirement that the director establishes in rules adopted

under section 4707.19 of the Revised Code . (C) An application submitted under this section shall list the names of all of the owners,

directors, partners, or members of the applicant, as applicable, and shall indicate

those that have an auctioneer's license issued under section 4707.07 of the Revised Code . (D) The department shall not issue a license under this section unless one of the following

applies, as applicable: (1) If the applicant is a limited liability company or a general or limited partnership,

not less than fifty per cent of the members or general partners have a current license

issued under section 4707.07 of the Revised Code . (2) If the applicant is a corporation, not less than fifty per cent of the directors

and the president or chief executive have a current license issued under section 4707.07 of the Revised Code . (3) If the applicant is an unincorporated association, not less than fifty per cent of

the members have a current license issued under section 4707.07 of the Revised Code . Failure of a corporation, limited liability company, partnership, or unincorporated

association to maintain the applicable requirements of this division after the issuance

of a license under this section may be sufficient cause for the revocation of the

license under section 4707.15 of the Revised Code . (E) Upon the issuance of a license under this section, a corporation, limited liability

company, partnership, or unincorporated association shall designate an individual

from among its directors, partners, or members who is licensed under section 4707.07 of the Revised Code as its agent for purposes of communication with the department.  If that individual ceases to be the agent, the corporation, limited liability company,

partnership, or unincorporated association shall notify the department not later than

ten days after the day on which the individual ceases to be the agent.  Upon notification to the department, the license of the corporation, limited liability

company, partnership, or unincorporated association, as applicable, immediately shall

terminate.  If the corporation, limited liability company, partnership, or unincorporated association

notifies the department of the designation of a new agent in accordance with the requirements

of this division and pays a fee in the amount of ten dollars, the department shall

issue the corporation, limited liability company, partnership, or unincorporated association

a new license. (F) This section does not preclude a corporation, limited liability company, partnership,

or unincorporated association from selling real property at auction, provided that

the requirements of this section and section 4707.021 and Chapter 4735. of the Revised

Code are satisfied. (G) A person licensed as a real estate broker under Chapter 4735. of the Revised Code

shall not be required to obtain a license under this section if the person complies

with sections 4707.021 and 4707.22 of the Revised Code .