business consumer-protection regulations
Can a person run a business as an LLC, but never register?
<p>Someone knocked on my door to offer landscape services, they call themselves "Landscapers LLC" (just an example, I do not want to put the actual name they used) and the paper ad they gave me also says "Landscapers LLC". They claimed to be a local business in Ohio (they even list a local PO Box as the address). They seemed a bit shady, so I called the Ohio Secretary of State and I was told there is no such business registered with them.</p>

<p>Is that business or person breaking any law? Can they operate/advertise as "Landscapers LLC" even though they did not register?</p>

<p>It would not constitute an unfair or deceptive act or practice as defined in <a href="http://codes.ohio.gov/orc/1345.02" rel="nofollow noreferrer">ORC 1345.02</a>, which lists
a number of specific prohibited false acts (regarding how you represent the goods or services). <a href="http://codes.ohio.gov/orc/4165" rel="nofollow noreferrer">ORC 4165</a> also prohibits a number of trade mark related acts which are mostly about other irrelevant things, but business name is included in 4165.02(A)(5) – however, that has a number of specific requirements such as that the name be listed in a phone directory, presents false geographical information ("Columbus Landscapers" operating only in Akron), and the name has to be fictitious, not simply "mistaken". It may be that they are not aware that they are not registered with the SoS. They also may be a <a href="http://codes.ohio.gov/orc/1705.58" rel="nofollow noreferrer">foreign LLC</a> rather than an Ohio LLC. </p>
