A big part of starting an LLC in Indiana is filing all the correct paperwork, including the Articles of Organization to set up your business. However, as you’re creating these articles, you may notice one element you must include: a registered agent.
A registered agent is an entity (person or organization) that receives official notices on behalf of your business. These can be legal documents, government notices, tax forms, service of process (if your company is getting sued), and more. Not only is a registered agent required for you to start your business, but it’s a crucial position that requires significant responsibility.
So, you want to make sure you have a reputable and reliable registered agent when forming your Indiana LLC. That said, the process can be a bit complex, so let’s break it down. Here’s everything you need to know about appointing an Indiana registered agent for your LLC.
A registered agent can be a business or individual. If you’re using a business, it can either be commercial or non-commercial. The benefit of using a commercial registered agent service is that they’re already listed with the state, so there’s less work involved when filing your paperwork. Also, commercial entities tend to act as registered agents for multiple businesses, so they’re intimately familiar with the inner workings of the Indiana government.
Alternatively, if you appoint an individual, they must satisfy the following requirements:
Also, your company cannot be its own registered agent, but an individual within the company can, including yourself (more on that later).
When you file your Articles of Organization with the Indiana Secretary of State’s office, you must include information about your registered agent in the section labeled “Article II.” If you’re using a commercial entity, you simply have to put the name of the organization and check the box. You don’t have to provide any other details because the state already has their address and other information.
Alternatively, you must include the name, address, and email address (optional) of the non-commercial agent (individual or organization). You must also certify that the person or entity named consents to being the registered agent for your business.
The easiest way to file this paperwork is online through the INBiz.com portal. However, you can mail a hard copy of the form to the Indiana Secretary of State at 302 W. Washington Street, Room E018, Indianapolis, IN 46204. Although you can email the SOS office at [email protected], you cannot file by email.
In Indiana, filing the Articles of Organization costs $95 online through INBiz and $100 by mail. Make sure to include payment with your form if filing by mail and make it out to the Secretary of State’s office. If you have any questions, contact the Indiana Secretary of State’s office at (317) 234-9768.
You can change your registered agent at any time if you wish. However, to do so, you’ll have to file Articles of Amendment with the Secretary of State (form 49460). Within the form, you can name a new registered agent, and the same rules apply for non-commercial entities that aren’t already listed with the state.
If you mail this form, you don’t have to pay anything. However, if you file online through INBiz, the filing fee is $2.
Also, keep in mind that registered agents can resign themselves. For example, if you appointed someone who is moving out of state, they can no longer act as an official registered agent because they don’t have an Indiana address. The agent should notify you when doing this so you can find a replacement and update your business listing by filing form 49460.
Finally, if a registered agent changes their own details (such as moving to a new address) without resigning, they must inform the Secretary of State directly. Then, when it’s time to file an annual report (every two years), you must include the updated information in your filing.
Yes, you can be your own registered agent in Indiana. There are pros and cons to this practice, such as:
Overall, if you’re a single-member LLC living and operating in Indiana, it may make sense to act as your own registered agent. However, it’s often better to use a commercial registered agent instead if you’re running a small to mid-sized business, especially one with multiple locations (including different states).
Depending on the size and complexity of your business, using a registered agent service makes the most sense. Here are some compelling reasons to outsource this responsibility to a reputable third party.
One of the primary advantages of using a registered agent service is that you never have to worry about missing important documents, reminders, or notices. Even if these papers are infrequent, they’re crucial for keeping your business running smoothly. Also, most of these notices are time-sensitive, so you can’t afford to miss one because you didn’t check the mail thoroughly. If you get a lot of mail related to your business already, it makes sense to have someone else receive official documents so they’re not mixed or disorganized.
Indiana requires you to have a registered agent for your business. If you’re your own agent, you must update the Secretary of State every time you change your address. Using a third-party service means you don’t have to worry about incurring penalties or fees because you forgot to submit the correct paperwork.
One of the challenges of being a registered agent is that you must be available during regular business hours. But what if you travel often or don’t keep regular hours? A registered agent service will always be available to receive your documents. Plus, you’ll be notified whenever something comes in, so even if you’re out of town or out of state, you can still take care of crucial business details.
If you don’t like having extra paperwork for your business, let a registered agent service take care of it for you. Managing tax forms, official notices, and other documents can take time away from daily operations, so it’s better to outsource the hassle to a third party.
As you can see, appointing a registered agent can be a big deal. You need someone reliable and reputable to handle information about your business, so you should take the time to choose the right person or entity. While it may seem simple enough to appoint yourself as a registered agent, that’s not always the best option. Plus, while you may be able to handle the responsibility now, what happens when your business grows and expands?
Thankfully, paying for a registered agent doesn’t have to break the bank. Many services are affordable and customizable. For example, you may already use an entity to handle other aspects of your business (e.g., marketing, business assistance, etc.), so why not use a commercial agent as well? In some cases, you may even be able to use the same service provider for multiple services.
First, you register your business and operate in Indiana if you don’t have a registered agent when filing your Articles of Organization. The Secretary of State simply won’t approve your paperwork. Second, if you wind up without a registered agent for any reason (e.g., your agent moves out of state or resigns), the SOS may decide to dissolve your LLC or impose fines and penalties.
Yes, if your company is based in one state but you’re doing business in Indiana, you must have a local registered agent with a permanent Indiana address.
No, you cannot have more than one registered agent listed on your Articles of Organization or Articles of Amendment Form. While you may have multiple registered agents for your business if you operate in multiple states, you can only have one official agent per state.
This portion of our website is for informational or educational purposes only. Tailor Brands is not a law firm, and the information on this website does not constitute legal advice. All statements, opinions, recommendations, and conclusions are solely the expression of the author and provided on an as-is basis. Accordingly, Tailor Brands is not responsible for the information and/or its accuracy or completeness. It also does not indicate any affiliation between Tailor Brands and any other brands, services or logos on this page.
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