How to Form an LLC in Indiana – IN Secretary of State

The Indiana Articles of Organization Domestic Limited Liability Company and the Indiana Application for Certificate of Authority Foreign Limited Liability Company are the primary registration tools for either domestic or foreign Limited Liability Companies wishing to register with the Indiana Secretary of State. The Filing Fee for domestic Limited Liability Companies is $100.00 while the Filing Fee for foreign Limited Liability Companies is $125.00. If filing either of these documents by mail, this fee may be paid with a check or money order that is payable to the "Secretary of State" for the full amount. If filing online, you may pay this fee with a major credit card.


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Form a Domestic Limited Liability Company in Indiana – Articles of Organization For Domestic Limited Liability Company (Form 49459)

Form a Domestic Limited Liability Company in Indiana – Articles of Organization For Domestic Limited Liability Company (Form 49459)

The Indiana Articles of Organization For Domestic Limited Liability Company (Form 49459) is the template form Limited Liability Companies, forming in the State of Indiana, must submit to the Business Services Division of the Indiana Secretary of State. This submission process will require such information as the preferred Name and Address of the forming Limited […]

Form a Foreign Limited Liability Company in Indiana – Application For Certificate of Authority Foreign Limited Liability Company (Form 49464)

Form a Foreign Limited Liability Company in Indiana – Application For Certificate of Authority Foreign Limited Liability Company (Form 49464)

The Indiana Application for Certificate of Authority Foreign Limited Liability Company (Form 49464) is to be used by foreign Limited Liability Companies wishing to register their Indiana Existence with the Indiana Secretary of State. This document must be filled out by an Authorized Representative of the Foreign Limited Liability Company then submitted with a Certificate of […]

How to Form

Step 1 – Name the Limited Liability Company being formed. To be compliant with Indiana Secretary of State requirements, this must be a unique Name no other business entity bears. Additionally, it may not be misleading as to the purpose of the Limited Liability Company nor to its Identity. Finally, the business type must be included as a suffix. Thus “Limited Liability Company,” “LLC,” or an acceptable variation there of must be part of the Name. You may search the Indiana Secretary of State business records to see if the Name you prefer is in use here:  https://bsd.sos.in.gov/publicbusinesssearch . If you wish to reserve a Name, you may do so by submitting an Indiana Reservation of Business Name (Form 26233). This is optional but if you decide to reserve a Name, the Filing Fee will be $20.00.

Step 2 – Assign an Indiana Registered Agent. This party will maintain a Physical Registered Address in the State of Indiana and will be either an adult of legal age or a business entity licensed to operate in this state. The Limited Liability Company may not serve as its own Illinois Registered Agent, however it is standard to obtain the services of an official one. The Indiana Registered Agent is the party where court documents and procedures such as Service of Process aimed at the forming Limited Liability Company may be reliably delivered to. The Indiana Registered Agent will accept such documents and procedures on behalf of the Limited Liability Company.

Step 3 – When you have finished all the preliminary paperwork (such as organizing members) then you (and/or the members) must claim ownership of this entity in the eyes of the Indiana Secretary of State by registering the entity with this governing body. This is done by submitting an Indiana Articles of Organization Domestic Limited Liability Company to the Indiana Secretary of State (if you are a foreign Limited Liability Company registered in another jurisdiction then you must submit the Indiana Application for Certificate of Authority Foreign Limited Liability Company). Such paperwork may be filed online or by mail. The Filing Fee for the Indiana Certificate of Organization is $100.00 while the Filing Fee for the Indiana Application for Certificate of Authority Foreign Limited Liability Company is $125.00. This may be paid for with a major credit card if submitting online or may be paid for with a check payable to the Indiana Secretary of State when filing by mail.

File Online

https://inbiz.in.gov/BOS/Home/Index

File By Mail

Secretary of State
302 West Washington Street
Room E-018
Indianapolis, IN 46204

After Formation

Structure: The State of Indiana does not require Limited Liability Companies to have Organizational Meetings or set forth Operating Agreements. All this happens internally by Members and Managers. It is generally a good idea to keep internal records of all internal affairs through good record keeping, keep a structural line of communication open through Organizational Meetings, and to solidify agreements regarding operations through Operating Agreements.

EIN: The Entity Identification Number is a Tax ID number generated for certain businesses by the Internal Revenue Service. Certain factors will come into play in determining if the newly formed Limited Liability Company requires one. For instance, if filing as a C-Corp or S-Corp entity, if there are any employees, or if there is more than one Member then, the Limited Liability Company is likely to need an Entity Identification Number. Contact the IRS directly regarding this.

Maintenance: Every Limited Liability Company will be responsibility of remaining in compliance with the Indiana Limited Liability Act as well as any other state requirements. For instance every second Anniversary Month of the official registration, the Limited Liability Company must file a Indiana Business Entity Report (Form 48725) otherwise known as the Biennial Report. More immediately, you must make sure any business license required have been obtained.

Contact

Indiana Secretary of State
Business Services Division
302 West Washington Street
Room E-018
Indianapolis, IN 46204
Websitehttp://www.in.gov/sos/business/index.htm
Hours: Mon-Fri 7:30 A.M. – 5:00 P.M.
Business Services Front Desk: 317.232.6581
Business Services Fax: 317.232.6581

 

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