Non-Resident Alien Land Registration
Who must register?
- Individuals who are not citizens of and do not live in the United States (non-resident aliens); and
- Corporations, companies, associations, partnerships, joint ventures, societies, joint stock companies, trusts and estates in which:
- A non-resident alien acquires at least 10 percent of the stock or interest; or
- Any number of non-resident aliens acquires at least 40 percent of the stock or interest.
What must be registered?
Acquisitions of real property, minerals and mining rights, whether they are purchased or acquired through security agreements or held as life estates, in trusts, as options, purchase contracts, leaseholds for 10 or more years or any other noncontingent future interest must be registered.
What is real property?
Real property is land; all growing crops; all buildings, structures, improvements and fixtures of whatever kind on the land; and all rights and privileges belonging to them.
What are mineral rights?
Mineral rights are any interest in inorganically produced chemical elements of compounds that occur naturally.
Must I periodically re-register?
A non-resident alien need only re-file a registration with the Secretary of State’s office if:
- The person becomes a resident alien;
- The person becomes a United States citizen; or
- The person sells the real property or mineral or mining rights that were reported to the Secretary of State.
A corporation or business owned by non-resident aliens must re-register with the Secretary of State if:
- The ownership or control of the corporation or business changes in such a way that the information in the original registration is no longer accurate; or
- The corporation or business sells the real property or mineral or mining rights that were reported to the Secretary of State. R.C. 5301.254 (D)
When must I re-register?
The re-registration must occur within 30 days of the change of status or sale. R.C. 5301.254 (D)
Would other status changes require a corporation or other business to register?
Yes. If a corporation or other business has real property or mineral or mining rights and, subsequently, a non-resident alien acquires at least 10 percent of the ownership of the business, or any number of non-resident aliens acquire at least 40 percent of the ownership, then the corporation or business must register with the Secretary of State within 30 days of the acquisition. R.C. 5301.254 (D)
What are mining rights?
Mining rights are interests permitting the excavation or development of coal, gypsum, asphalt, rock or other materials containing these. Ohio Administrative Code Rule 111:1-1-01
Must all real property and mineral and mining rights be registered?
No. Only real property in excess of three acres or with a market value greater than $100,000 must be registered. Mineral and mining rights with a market value greater than $50,000 also must be registered. R.C. 5301.254 (B), 5301,254 (C)
When must I register?
You must register within 30 days of the date of acquisition. R.C. 5301.254
What is the fee for registration?
The Ohio Revised Code requires a fee of $5 for an individual registration and $25 for a corporate or other business registration. There is no fee for a change in registration.
What is the penalty if I do not register?
Anyone who violates the provisions of the Non-resident Alien Land Registration Act shall be fined not less than $5,000, nor more than an amount equal to 25 percent of the market value of the real property or mineral or mining rights. R.C. 5301.99 (A)
Is the information contained in the registration treated as a public record?
Yes. The law requires the Secretary of State to maintain accurate records of the information and make them available to the public. R.C. 5301.254 (E)(2)
What is done with this information?
The Ohio Revised Code requires the Secretary of State to make annual reports of this information to the Ohio General Assembly. R.C. 5301.254 (E)(3)
You may receive registration forms and further information by contacting the Secretary of State’s office by one of the following methods:
Ohio Secretary of State
180 E. Broad St., 1st Floor
Columbus, OH 43215
Attn: Client Service Center
Non-resident Alien Land Registration Clerk
Non-resident Alien Land Registration Clerk