Articles of Organization in Indiana | How to File in 2024

File Articles of Organization in Indiana

Forming a Limited Liability Company (LLC) in Indiana is popular for entrepreneurs looking to start or grow their businesses. LLCs offer numerous benefits, including limited liability protection for their owners and flexible management structures. One of the critical steps in forming an LLC is filing the Articles of Organization with the Indiana Secretary of State. This article will provide a comprehensive guide on How to File Articles of Organization in Indiana.

Webinarcare Editorial Team will help you understand the necessary steps to file for Articles of Organization. It would be best if all the factors in this article guided you.

What is Articles of Organization?

Articles of Organization is a legal document filed with the Indiana Secretary of State to establish a Limited Liability Company (LLC) officially. The Articles of Organization contains essential information about the LLC, including its name, Registered Agent, and management structure. Once filed and approved by Indiana, the LLC becomes a legally recognized business entity, separate from its owners, and benefits from limited liability protection and pass-through taxation.

The Articles of Organization typically contains the following information:

  • Company name
  • The effective date of the company
  • The headquarters of the company
  • The company’s goal
  • The period of the company’s operations
  • Copy of the name registration certificate for the company
  • Registered Agent’s and organizers’ names and addresses
  • At least one company employee

Recommended: Filing Articles of Organization is easy and hassle-free if you hire a professional service. We recommend using –

LegalZoom ($0 + State Fee)

How to File Articles of Organization in Indiana?

Aside from hiring a Registered Agent, you should also be aware that a Registered Agent should file Articles of Organization in your Indiana LLC. Here are the steps and guidelines for filing.

Step 1: Choose a Name for Your LLC

The first step in registering an LLC Articles of Organization is selecting a unique and appropriate name for your company. Your LLC’s name must comply with your state’s naming requirements, which typically include the following:

  • The name must be distinguishable from other registered business names in the state.
  • The name must include an LLC designator, such as “Limited Liability Company,” “LLC,” or “L.L.C.
  • The name must not include prohibited words or phrases defined by your state’s regulations.

To ensure your chosen name is available through your state’s business name database, Indiana Secretary of State INBiz, usually available on the Indiana Secretary of State’s website.

Step 2: Appoint a Registered Agent

Registered Agent is a person or entity responsible for receiving official correspondence and legal documents on behalf of your Indiana LLC. Most states require LLCs to designate a Registered Agent when filing the Articles of Organization. The Registered Agent must have a physical address in the state and be available during regular business hours.

Choosing a reliable and responsible Registered Agent is essential, as failure to receive and respond to legal documents can seriously affect your business.

You can serve as your own Registered Agent, appoint a friend or family member, or hire a professional Indiana Registered Agent Services.

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Step 3: Prepare Your Articles of Organization

The Articles of Organization is the legal document that officially establishes your Indiana LLC. While the specific requirements in Indiana, the document includes the following information:

  • The LLC’s name
  • The name and address of the Registered Agent
  • The principal office address
  • The purpose of the LLC
  • The management structure (member-managed or manager-managed)
  • The names and addresses of the initial members or managers
  • The duration of the LLC, if not perpetual

In Indiana, additional information may be required, such as an organizer’s signature or specific provisions related to the LLC’s operation.

Consult the Indiana guidelines to ensure you include all necessary information.

Step 4: File the Articles of Organization

Once your LLC Articles of Organization is prepared, please submit it to the Indiana Secretary of State. The submission process may vary depending on the method of choice; Indiana allow online submissions and mailing or hand-delivering the documents.

Online Process

To use the online service or download the Articles of Organization form for your LLC, go to the website of the Indiana Secretary of State. You were required to have an LLC name reserved while completing the form. Visit the Indiana Business Name Search to see if the business name you want to use is available there. You must include a copy of your name reservation and your completed Articles of Organization form when submitting.

Mail Process

It is also possible to mail the form if you wish. Please adhere to the guidelines listed below.

  • The Articles of Organization must be downloaded in the Indiana Secretary of State
  • Complete the necessary details in the form.
  • Two copies of the Articles of Organization must be completed.
  • Include the two papers with the Indiana LLC name reservation certificate in a self-addressed, stamped envelope.
  • Submit all paperwork to Secretary of State Business Services Division, 302 West Washington Street, Room E018, Indianapolis, IN 46204.

Costs of Filing Articles of Organization

Along with the filing of Articles of Organization, you must pay a filing fee. In Indiana, the Articles of Organization fee costs around $95 which you can pay in the Indiana Secretary of State. Confirm the correct fee amount and payment method for your state.

However, If you want to know more about the cost of forming an LLC, you can check out Indiana LLC Cost.

Step 5: Obtain an Employer Identification Number (EIN)

After your Articles of Organization has been filed and approved, you should obtain an Employer Identification Number (EIN) from the Internal Revenue Service (IRS). The EIN is a unique identification number used for federal tax purposes. It is required for most LLCs, especially those with employees or elect to be taxed as an S-Corporation. You can apply for an EIN for free online through the IRS website.

The application of an EIN in Indiana can be through the following:

  • Apply Online- The online EIN application is the preferred method for customers to apply for and obtain an EIN.
  • Apply by Fax- Taxpayers can fax the completed Form SS-4 application to the appropriate fax number), after ensuring that the Form SS-4 contains all of the required information.
  • Apply by Mail- The EIN application Form SS-4 can be filed via mail. The processing time frame to receive the mail is four weeks.
  • Apply by Telephone-International Applicants – International applicants may call 267-941-1099 (not a toll-free number) from 6 a.m. to 11 p.m. (Eastern Time) Monday through Friday to obtain their EIN.

Recommended: Professional services have the EIN included in their LLC formation package. We recommend using –

LegalZoom($0 + State Fee for LLC formation)

Step 6: Create an Operating Agreement

Although most states do not require an LLC Operating Agreement when registering an LLC, having one is highly recommended. The Operating Agreement in Indiana is a legally binding document that outlines the LLC’s ownership structure, management, and operating procedures. It helps prevent member disputes and provides a clear framework for the LLC’s operations.

Step 7: Register for State and Local Taxes and Licenses

In Indiana, you may need to register for additional state and local taxes or obtain specific licenses and permits. Common registrations include sales tax, payroll tax, and unemployment insurance tax. As an LLC, your business income will be subject to pass-through taxation, meaning profits and losses will be reported on your tax return. However, you may still be responsible for other state taxes, such as sales tax, payroll tax, or franchise tax which you can pay in Indiana Department of Revenue.

In terms of franchise tax for your LLC in Indiana, there is No franchise tax. Consult your Indiana Department of Revenue and local government offices to determine which registrations and licenses apply to your LLC.

Step 8: Maintain Ongoing Compliance

Once your LLC is registered and operational, it’s essential to maintain ongoing compliance with state regulations. This typically includes filing Biennial Reports in Indiana, paying required fees every 2 years, and keeping accurate records of your LLC’s activities. Stay informed about Indiana specific requirements to ensure your LLC remains in good standing.

Is the Articles of Organization necessary to be filed in Indiana?

Yes, the Articles of Organization is necessary to be filed with Indiana Secretary of State to legally establish and register a new business entity, such as a corporation or limited liability company (LLC). This document typically includes the company’s name, purpose, Registered Agent, and stock structure. Filing the Articles of Organization is essential in forming a business and ensuring it operates legally and is recognized by Indiana.

What is the best way to file Articles of Organization? Is it online or by mail?

The best way to file Articles of Organization depends on your specific situation and the state in which you are incorporating your business. Both online and mail-in options have advantages, and either method can be effective.

Online Filing:

  • Faster processing time, as it is usually processed within a few days or even hours.
  • Immediate confirmation of submission and payment.
  • Lower risk of errors, as the online form may provide guidance and prevent incomplete submissions.

Mail-in Filing:

  • Some people prefer the traditional method and feel more comfortable with paper documentation.
  • You can include a cover letter or additional documentation if you have specific questions or complex situations.

To determine the best method for your needs, check the Indiana Secretary of State or similar department’s website for information on their preferred filing options and processing times. Online filing is more convenient and efficient, but both methods can be used effectively to submit your Articles of Organization.

FAQs

Can anyone form an LLC in Indiana?
Yes, anyone can form an LLC in Indiana as long as they meet the legal requirements.
What are the legal requirements for forming an LLC in Indiana?
To form an LLC in Indiana, you must file Articles of Organization with the Secretary of State and pay the required fees.
How much does it cost to form an LLC in Indiana?
The filing fee for Articles of Organization in Indiana is $95.
Can I file Articles of Organization online in Indiana?
Yes, you can file Articles of Organization online through the Indiana Business Services website.
Do I need a registered agent to form an LLC in Indiana?
Yes, you need a registered agent with a physical address in Indiana to form an LLC.
Can I be my own registered agent in Indiana?
Yes, you can be your own registered agent in Indiana as long as you have a physical address in the state.
Can I use a virtual office as my registered agent address in Indiana?
No, you cannot use a virtual office as your registered agent address in Indiana.
How do I select a name for my LLC in Indiana?
Your LLC name must be distinguishable from other businesses registered in the state. You can search for name availability on the Indiana Business Services website.
Can I reserve an LLC name before filing Articles of Organization in Indiana?
Yes, you can reserve an LLC name for 120 days by filing a Name Reservation Request with the Secretary of State and paying a $20 fee.
How long does it take to form an LLC in Indiana?
It typically takes about 5-7 business days to process the Articles of Organization and the registration of an Indiana LLC.
Can I expedite the LLC formation process in Indiana?
Yes, you can expedite the process by paying a $50 expedite fee.
What information do I need to include in the Articles of Organization when forming an LLC in Indiana?
You’ll need to include the LLC name, principal office address, registered agent information, management structure, and the names and addresses of the initial members or managers.
Can I change the management structure of my LLC after it’s formed in Indiana?
Yes, you can change the management structure of your LLC by filing an Amended Articles of Organization with the Secretary of State.
Does Indiana require LLCs to have an operating agreement?
No, Indiana does not require LLCs to have an operating agreement, but it’s highly recommended.
Can I file the Articles of Organization by mail in Indiana?
Yes, you can file the Articles of Organization by mail with the Indiana Secretary of State.
What happens after the Articles of Organization are approved in Indiana?
When the Articles of Organization are approved in Indiana, the LLC will receive a Certificate of Organization from the Secretary of State.
How often do I need to file an Annual Report for my Indiana LLC?
Indiana LLCs must file an Annual Report every year with the Secretary of State.
When is the deadline to file an Annual Report for my Indiana LLC?
The deadline to file an Annual Report for an Indiana LLC is April 15th of each year.
What happens if I don’t file an Annual Report for my Indiana LLC?
If you don’t file an Annual Report for your Indiana LLC, the state can terminate the LLC’s existence.
Can I change the name of my Indiana LLC after it’s formed?
Yes, you can change the name of your Indiana LLC by filing an Amended Articles of Organization with the Secretary of State and paying a $30 fee.
Can an LLC have only one member in Indiana?
Yes, single-member LLCs are allowed in Indiana.
What taxes does an LLC have to pay in Indiana?
LLCs may need to pay federal and state income taxes, as well as annual fees to the state.
Can an Indiana LLC elect to be taxed as an S corporation?
Yes, an Indiana LLC can elect to be taxed as an S corporation.
Is a business license required to operate an LLC in Indiana?
Depending on the nature of the business, an additional local business license or permission may be required to operate an LLC in Indiana.
What is the difference between a domestic and foreign LLC in Indiana?
A domestic LLC is formed in the state of Indiana, while a foreign LLC is formed in another state or country but doing business in Indiana.
How do I dissolve an Indiana LLC?
To dissolve an Indiana LLC, you must file a Certificate of Dissolution with the Secretary of State and pay a $50 fee.
Why should I form an LLC in Indiana?
Indiana offers a stable and business-friendly environment, which makes it an attractive location for small businesses looking to start or expand.
How do I start an LLC in Indiana?
To start an LLC in Indiana, you need to file the Articles of Organization with the Indiana Secretary of State.
What is the cost to file the Articles of Organization in Indiana?
The cost to file the Articles of Organization in Indiana is $100.
Can I file the Articles of Organization online in Indiana?
Yes, you can file the Articles of Organization online through the Indiana Secretary of State’s website.
Do I need a registered agent in Indiana to form an LLC?
Yes, you need a registered agent in Indiana to form an LLC.
What is a registered agent?
A registered agent is a designated person or company who receives legal notices and official documents on behalf of your LLC.
Can I change my registered agent in Indiana after I file the Articles of Organization?
Yes, you can change your registered agent in Indiana anytime by filing a change of agent form with the Indiana Secretary of State.
How do I choose a name for my LLC in Indiana?
In Indiana, the name you choose for your LLC must be distinguishable from other business entities registered with the state.
Is it necessary to conduct a name search before registering my LLC in Indiana?
Yes, it is necessary to conduct a name search before registering your LLC in Indiana.
How can I search for the availability of a name in Indiana?
You can search for the availability of a name through the Indiana Secretary of State’s website.
Do I need an operating agreement for my LLC in Indiana?
You are not required to have an operating agreement for your LLC in Indiana, but it’s highly recommended to have one.
How do I get an EIN for my LLC in Indiana?
You can get an EIN (Employer Identification Number) for your LLC in Indiana from the IRS website.
What taxes do LLCs pay in Indiana?
LLCs in Indiana are required to pay state corporate income tax and sales tax if applicable.
Do LLCs need to file annual reports in Indiana?
Yes, LLCs in Indiana need to file biennial reports every two years.
How do I file a biennial report for my LLC in Indiana?
You can file a biennial report for your LLC in Indiana through the Indiana Secretary of State’s website.
Who can be an LLC member in Indiana?
Any individual or business entity can be an LLC member in Indiana.
How is an Indiana LLC taxed?
Indiana LLCs are considered pass-through entities and are taxed on their owner’s personal income tax returns.
Do I need a business license to operate an LLC in Indiana?
Depending on the nature of your business, you may need to obtain certain licenses and permits to operate an LLC in Indiana.
What is the Indiana Business Entity Report fee?
The Indiana Business Entity Report fee is $22 and is required to be paid during the biennial report filing.
Can a foreign corporation own an LLC in Indiana?
Yes, a foreign corporation can own an LLC in Indiana.
Can I use a PO box as the physical address for my LLC in Indiana?
No, you cannot use a PO box as the physical address for your LLC in Indiana.
Can I dissolve my LLC in Indiana?
Yes, you can dissolve your LLC in Indiana anytime by filing articles of dissolution with the Indiana Secretary of State.
What happens if I don’t file my biennial report in Indiana?
If you don’t file your biennial report in Indiana, you could it lead to the revocation of your LLC’s existence with the state.
Can I reinstate my LLC in Indiana after it has been dissolved?
Yes, you can reinstate your LLC in Indiana after it has been dissolved within 3 years from the date of dissolution.

Also Read

Can You Change or Modify Your Indiana LLC Articles of Organization?

Fortunately, in Indiana, you do have the ability to modify your LLC articles of organization. This process involves filing an Amendment to Articles of Organization with the Secretary of State’s office, which allows you to update and change certain provisions within your original articles.

There are many reasons why you may want to amend your Indiana LLC articles of organization. Perhaps your business name no longer accurately represents your brand, or maybe you have added or removed members from your LLC. You may also want to update the registered agent or change the management structure of your company. Regardless of the reason, it’s important to ensure that your articles accurately reflect the current state of your business.

To amend your articles of organization in Indiana, you will need to fill out the appropriate form and submit it to the Secretary of State’s office along with the required filing fee. The form will ask you to provide the specific changes you wish to make to your articles, such as the new business name or the updated member information.

It’s important to note that there may be specific rules and requirements for amending your articles of organization in Indiana, so it’s a good idea to consult with a legal professional or business advisor to ensure that you are following the correct procedures and filling out the form accurately.

By updating your LLC articles of organization to reflect the current state of your business, you can avoid any potential misunderstandings or legal issues down the road. Ensuring that your articles are accurate and up-to-date can provide clarity and protection for both you and your business.

In conclusion, although your initial Articles of Organization set the foundation for your Indiana LLC, you do have the ability to change or modify them as needed. Whether it’s a simple name change or a more complex restructuring of your business, the process of amending your articles allows you to keep your business in compliance and operating smoothly. By staying proactive and making necessary amendments, you can ensure that your LLC remains in good standing with the state of Indiana.

Conclusion

Registering an LLC Articles of Organization is critical in establishing your business as a legally recognized entity. By following this comprehensive guide and researching your state’s specific requirements, you can successfully navigate the registration process and set your LLC up for success. Remember that forming an LLC is just the beginning; ongoing compliance and diligent management are necessary to ensure your business thrives in the long run.

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