Is Unregistered Foreign Corporation Barred from Appealing a Ruling of Ohio Trial Court?
Washington Mutual Bank fka, Washington Mutual Bank, FA v. Jack K. Beatley, et al., Case no. 2008-1056 10th District Court of Appeals (Franklin County) ISSUE: When an Ohio trial court has dismissed a civil lawsuit filed by a foreign corporation not registered with the Ohio Secretary of State on the basis that such a company is barred by law from maintaining an action in any Ohio court, does R.C. 1703.29 bar an Ohio court of appeals from accepting or hearing an appeal by the foreign corporation challenging the trial court’s ruling? BACKGROUND: Ohio’s foreign corporation statute, R.C. Chapter 1703, requires that any corporation headquartered outside Ohio that does business in this state must register with and be licensed by the Ohio Secretary of State. A subsection of the statute, R.C. 1703.29, provides that “no foreign corporation which should have obtained such license shall maintain any action in any (Ohio) court until it has obtained such license.” In July 2006, Washington Mutual Bank
