A limited liability company, or LLC, is a formal business entity that combines a corporation's limited liability and a partnership's tax flexibility. Members have protection from debts and liabilities because the company, as a whole, is responsible for such obligations. Individuals seeking to establish an LLC in Indiana must abide by several state regulations and submit the proper paperwork.
Fit your business needs with the right LLC package
Select a name for your LLC. The name should be distinguishable from other business entities whose names are reserved, registered or organized with the Indiana Office of the Secretary of State. However, the secretary of state will allow non-distinguished names to be used if you are able to provide written consent from the business entity to use its name, or a copy of a court judgment indicating your right to use the name.
Reserve your LLC name with the Indiana Office of the Secretary of State by submitting the Application for Reservation of Exclusive Use of a Corporate Name. The application will reserve your name for up to 120 days, and can be obtained online or at a local secretary of state's office. Name reservations allow members time to prepare and form an LLC without fear of losing its name availability. Reservations may be renewed by submitting the Application for Renewal of Reservation of Exclusive Use of a Corporate Name (see Resources).
Select an Indiana resident to serve as the registered agent for your LLC. Indiana Code requires LLCs to continuously maintain a registered agent in the state. The agent is responsible for receiving any important documents sent by the state, such as a court summons or notices. Indiana Code does not require the agent to be a member of your organization.
Open an office in Indiana to serve as your registered LLC office. The office is the location where your registered agent can be reached. The agent's business office must be identical to the registered office. Indiana Code does not prohibit the registered office from being the registered agent's home.
Obtain a copy of the Articles of Organization form from the Indiana Secretary of State website or local office (see Resources). The articles serve as an application to register your LLC with the state.
Complete the information required on the Articles of Organization form. Provide the LLC name, office address, name of registered agent and intended duration of the LLC. If you plan for the LLC to be managed by managers instead of members, that information must be provided in a separate statement.
Substitute the intended duration requirement on the Articles of Organization if you intend to make your LLC perpetual. Indiana lets organizations last as long as they like, but LLCs intending to exist for a short term must report their intended dissolution date on their application.
File the Articles of Organization with the Indiana Office of the Secretary of State. The person filing need not be a member of the LLC.