How To Fill Out The Indiana Articles of Organization
Starting a new business is an exciting step for an entrepreneur, but it can also be an intimidating process. Fortunately, with the right guidance, forming your business doesn’t have to be difficult.
If you’re setting up a Limited Liability Company (LLC) in Indiana, the Indiana Articles of Organization will need to be filed with the Indiana Secretary of State, Business Services Division. The Articles of Organization is a document that officially establishes a Limited Liability Company in the state.
Steps To Fill Out The Indiana LLC Articles Of Organization
To file the Indiana Articles of Organization, you will need to submit the completed form 49459 Domestic LLC Articles of Organization form to the Indiana Secretary of State.
The form can be downloaded and sent by mail or filed online.
Zenbusiness and IncFile are running a special where you only pay state fees for your LLC formation!
In this example, I’ll show the steps of filling out the Articles of Organization online. To get started, visit the Indiana Secretary of State website.
Select Start a New Business and create an account on the state of Indiana’s Access Indiana website.
From there, you will select the Business Type, which for this example, is Limited Liability Company.
Step 1: Pick a Name for the LLC
The first step in filling out the Indiana LLC Articles of Organization is to pick a business name.
You are first asked whether a name has been reserved. This isn’t common, but if you have, select Yes. If you want to form an LLC, but are not ready to form one yet, you can reserve a name (for an additional fee) for up to 120 days.
There are a few requirements when choosing an Indiana LLC name.
1. The name of your LLC must not be too similar to the name of another business entity already registered with the state of Indiana. You can verify name availability by doing an Indiana LLC name search with the Indiana Secretary of State to be sure the LLC name is available.
2. The name of the LLC must include one of the following entity identifiers at the end of the business name:
– Limited Liability Company
Enter the LLC name, including the identifier, to continue. The Secretary of State will do an initial search to make sure the name is available.
Step 2: Enter a Business Email Address
In step 2, you will enter a business email address. I recommend using an address that you will check frequently, as this email will be used by the Secretary of State. Especially important, they will send the Indiana Business Entity Report (biennial report) reminder to this address.
Step 3: Select the Duration of the LLC
You can choose whether the LLC will exist until it is formally dissolved or select a specific date the LLC will close.
Most will select perpetual, however, if there is a predetermined date the LLC will close, enter the date here. This is more common for investment-related entities.
Step 4: Choose an Effective Date
Next, a selection will need to be made regarding the effective date of the LLC. The effective date is the “birthday” of the business entity.
You have the option of having an effective date different from the date it is filed by the Indiana Secretary of State’s office. The effective date can be up to 90 days after the date of filing.
Step 5: Enter the Principal Office Address
The address of the principal office may be, but is not required to be, the actual place of the business. It can also be the main location where the business records are kept.
A physical address must be used for the principal place of business, as P.O. Boxes are not acceptable.
Step 6: Appoint a Registered Agent
A requirement to have an LLC in Indiana is that a Registered Agent must be appointed and available throughout the year. A Registered Agent will act as a central point of contact to receive legal documents, tax notices, summons, subpoenas, etc., on behalf of the LLC.
The requirements to be a Registered Agent in Indiana include:
– The agent must be an Indiana resident at least 18 years of age or a Commercial Registered Agent service like Northwest Registered Agent Service
– The agent must have a physical address in the state (PO Boxes aren’t allowed)
– The agent must generally be available during normal business hours at the address provided to receive service of process
Enter the name of the Registered Agent, and the address of the registered office (no PO Boxes are allowed), and acknowledge the Registered Agent has agreed to be the agent for the LLC.
Learn more about the requirements for a Registered Agent in Indiana
Step 7: Choose the Management of the LLC
This section asks whether the Limited Liability Company will be managed by a manager.
A manager, in this instance, refers to when the LLC members hire a manager to run the LLC, similar to a CEO of a corporation.
Most LLCs are not managed by managers and are instead managed by the members.
Related: What is the difference between a Member-Managed and Manager-Managed LLC?
The next question is optional and asks if the LLC is a Single-Member LLC. A Single-Member LLC is simply one that is owned by one person.
Step 8: Include Contact Information for the Governing Person
A governing person for an LLC is someone who has the authorization to act on behalf of the LLC, such as an organizer, member, manager, attorney, etc.
Step 9: Upload Attachments
If there are additional items you wish to include regarding the formation of the LLC (not common), attach them in this section.
Step 10: Review the Articles of Organization
Next, review the Articles of Organization to make sure all of the information is correct.
Step 11: Sign and Submit the Articles of Organization
The person filling out the Articles of Organization, who is typically, but not always the Governor from Step 8, will add their title, and sign the document.
On the next screen, payment information will be entered, and the Articles of Organization will be filed!
This material is property of StartingYourBusiness.com
Indiana LLC FAQs
How much does it cost to form an LLC in Indiana?
The state filing fee to form an LLC in Indiana is $95.
How long does it take Indiana to form an LLC?
It normally takes 1 business day when filing online or 5-7 days when filing by mail.
Should I use an LLC formation service or do it myself?
Two of my top formation companies have a special offer where you can get your LLC formed without paying any additional fees (state fees still apply). Check out Zenbusiness and IncFile to learn more.
Do you need a registered agent for your LLC in Indiana?
All Indiana corporations and LLCs are required to have and maintain a registered agent.
The registered agent is a party that is physically located in the state of Indiana that will receive important notices and service of process (which means to accept papers that start a lawsuit) on behalf of the LLC.
Related: Who can be a Indiana registered agent?
Do you need an EIN for your LLC in Indiana?
Only Indiana LLCs that either have more than one member, will hire employees, or elect to be taxed as a partnership or corporation are required to get an Employer Identification Number (EIN).
The EIN or Employer Identification Number (also called a Federal Employer Identification Number or FEIN) is a unique 9-digit tax identification number that is assigned by the Internal Revenue Service (IRS).
If the LLC isn’t required to get an EIN (though you can still get one by filing IRS form SS-4), the LLC will use the social security number of the business owner.
Related: How to Apply for an EIN
Does Indiana require an LLC to have an operating agreement?
Indiana Code IC 23-18-4-4 states that an Indiana LLC Operating Agreement is optional. Despite the Operating Agreement not being required, it is recommended to have one as it can help to prevent disputes among members and protect the LLC’s legal status.
How do you know if your LLC name is available in Indiana?
You can search for available LLC names in Indiana by searching the Secretary of State’s business entity database.