How To Form an LLC In Indiana

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1. Choose a Name for Your Indiana Limited Liability Company

Check for an Available Name for the LLC in Indiana: When you prepare to form an LLC in Indiana, you should take care to choose a name for your company that is unique. That means that you will need to search online databases and other records to make sure that the name that you want to use for your LLC is available and not in use by another LLC in Indiana. You can search an online database of business entities at the official website of the Indiana Secretary of State: Indiana LLC.

Reserve a Name for Your Indiana LLC: If you want to reserve a name before the time that you can file to form your LLC, you can submit a name reservation application to the Indiana Secretary of State. Reserving a name is not mandatory. You can download the name reservation application form or file online at Indiana LLC. The name that you submit on your application will be reserved in the state of Indiana for 120 days. The filing fee for this application is $20.00.

Filing for Trademarks Protection and Doing an LLC Name Search: During your search of databases and other records in Indiana, you may find out that the name that you want to use for your LLC is available in Indiana but in use by a company in another state. You could run into restrictions on the way that you use the name that you have chosen for your LLC. To learn more about how to choose a name for your LLC, go to how to choose a name for your llc.   

Indiana LLC Name Requirements: When choosing a name for your LLC, remember that in Indiana the name of your LLC needs to include the designation "LLC," “L.L.C.,” or "Limited Liability Company." The term “LLC” stands for “Limited Liability Company,” and not “LLC Corporation, “Limited Liability Corporation,” or anything related to a corporation. LLCs are a distinct type of business entity from corporations.

2. Find a Registered Agent in Indiana

When you make preparations to form your Indiana LLC, you should select a registered agent that will act as an agent for service of process for your company. Your registered agent will receive all tax documents, legal notices, and other official notices for your LLC. There are corporate service companies that provide registered agent services to LLCs. These corporate service companies usually charge a fee of between about $75.00 and $150.00 for these types of services.

3. File Articles of Organization with the Indiana Secretary of State

Minimum Requirements for the Articles of Organization: The Articles of Organization that you file for your Indiana LLC must contain the name of your LLC, the address of your principal office, the name and address of your registered agent, and the name and signature of the organizer. You also need to state whether the LLC will be managed by a manager of by the members of the LLC. You can download a fillable form for the document online at Indiana LLC

Other Indiana Legal Provisions: When you create Articles of Organization for your LLC, think about including additional clauses besides the minimum requirements. A lawyer can help you to include clauses that are important for your company in your Articles of Organization.

Where to Submit the Articles of Organization for Filing: Submit your completed Articles of Organization to the Secretary of State, Corporations Division, 302 W. Washington Street, Room E018, Indianapolis, Indiana 46204.

Filing Fee: The fee to file Articles of Organization in Indiana is $90.00.

4. Form an Indiana Limited Liability Company Agreement (Operating Agreement)

After you have formed your Indiana LLC by filing Articles of Organization, you will need to create an LLC Agreement that will govern all aspects of your LLC as well as actions between the members of your LLC. Your LLC Agreement needs to be signed by each member of the LLC. The details of your company’s LLC Agreement will depend on such factors as how many people are involved, how much money is being invested, how the money will be distributed, and whether the company will be managed by a manager or by the members of the LLC. You should also take into account the purpose of your LLC. An LLC that will operate a retail store may have different needs in an LLC Agreement than an LLC that will own and develop real estate. Consult a lawyer and an accountant when you create your LLC Agreement so that you can be sure to comply with all state requirements and federal tax laws. 

After you have formed your Indiana LLC, prepare to take actions such as making securities filings, obtaining an EIN from the IRS, and obtaining a business license in the locale where you will be conducting business. There are corporate services companies that can make these kinds of filings for you and obtain form documents for a fee. You can learn about how to get a business license in your city through our online guide at http://www.cityapplications.com/business-licenses.html.

5.  Qualify your Indiana LLC to Do Business in Other States

You will need to learn what you need to do to register or qualify your LLC to do business in your home state if your main office is located outside the state of Indiana.  In most states, LLCs must register or qualify before they can do business. Most states will require you to pay taxes in your home state when you do business. You can learn how to qualify your LLC to do business in another state at [Qualifying to Do Business in Other States].

6. Make Annual Filings and Pay Annual Taxes in Indiana

The state of Indiana requires a biennial report for all LLCs. You may choose to file this report by mail or online at Indiana LLC. The filing fee is $30.00. You will also be responsible for filing a tax report and paying taxes every year once you have registered your LLC in the state of Indiana. You can visit the official website of the Indiana Department of Revenue at Indiana LLC to learn more about what taxes will apply to your LLC. You can also download tax forms on the official website.

It can be fairly complicated to organize an LLC, especially if several people are involved. If you consult an accountant and an attorney during the process you can feel more confident that an LLC is right for your company and that all your paperwork will be processed correctly.

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This site is for informational purposes only and does not constitute legal, financial or tax advise. The information on this site should not be relied upon as an official source of information and should be independently verified.

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