Indiana Registered Agent: If you wish to start an Indiana LLC, you have to appoint a registered agent. According to Indiana State Law, it is mandatory to have an Indiana Registered Agent if you are conducting business in the state. A registered agent receives all the official and legal documents from the State. They also receive the service of process if there’s any lawsuit in concern.
In the following guide, we have shared all the required information regarding hiring a registered agent, why you need a registered agent in Indiana, and who can be a registered agent for your LLC. Read this guide carefully before you hire an Indiana Registered Agent.
On this page, you’ll learn about the following:
What is an Indiana Registered Agent
A registered agent (or a statutory agent or a resident agent) in Indiana is an individual or a business that represents your business in receiving official documents. These official papers include formation documents, business renewal documents, tax filing, and any legal document if the LLC gets sued by other companies. All these documents go straight to the registered agent’s official address in the state. While forming an LLC, it is mandatory to appoint a registered agent.
When you file the Indiana LLC formation papers with the Secretary of State, LLCs have to mention their registered agent’s name and address. When you choose a registered agent in Indiana, you can go for two options, hiring an in-house registered agent or outsourcing the service.
Hiring a Registered Agent in Indiana
You may have several options for hiring a registered agent in Indiana. To become a registered agent, one has to meet the basic eligibility criteria. If the minimum requirements are fulfilled, anyone residing in Indiana can represent your LLC as your registered agent.
Who Can Be a Registered Agent
- The person must be above 18 years old.
- The person must have a legal and physical address in the state where the LLC will operate.
- The person must be physically present during normal working hours.
- Anyone who fulfills the above requirements can act as a registered agent.
- Recommended – You should use a professional registered agent in Indiana always.
Can I Be My Own Registered Agent
Yes, you can be your own registered agent. In fact, any member of the LLC, managers, and the owner can be a registered agent. Besides, someone from the owners’ family, such as a spouse, relatives, or other family members, can also act as a registered agent. As mentioned above, anyone who is representing the business as an agent should fulfill the basic criteria.
Why You Shouldn’t Be Your Own Registered Agent
Many small businesses do not hire a registered agent to save a chunk of money. However, it is not recommended to be your own registered agent. There are a bunch of problems one has to face while being a registered agent of his own LLC. Following are some of the issues you face,
- If you are operating your business from home or you are into web business, then your home address will be shared on the public portal. This address will be used for mailing and other official purposes. This will hamper your privacy.
- A registered agent has to be physically available at the official address during working hours on working days for 52 weeks. Being your own registered agent might restrict your other work due to this.
- The registered agent’s address must be up to date in the Secretary of State portal.
It is recommended to outsource the registered agent service to ease your work as it protects your privacy, especially if you conduct your business from home. It is always wise to outsource the RA service than be your own registered agent.
Recommended: You can get the best registered agent service at a reasonable price with online LLC service providers. We recommend using –
LegalZoom – $299 Per Year
How to Choose a Registered Agent in Indiana
You can choose an Indiana Registered Agent in two ways, either you can employ an in-house RA or outsource the service. Another option is to be your own registered agent. However, it is recommended to outsource the service as it is less worrisome and hassle-free.
In-house Registered Agent
As far as the in-house registered agent is concerned, it can be anyone from the LLC, including you, or you can employ an individual for this position. In that case, your office or home address will be the Registered Agent’s office address. Every LLC has to share its principal office address, mailing address, and registered agent’s office address to the state public portal. Hiring a registered agent service will make it easier as you can use the RA’s address as a mailing address.
Outsourcing Registered Agent Service
You may also avail yourself of professional registered agent services. Doing so ensures that you will have the best service provider to represent your business. Following are the best Registered Agent services on our list that will provide you with registered agents to ease your worries.
Note that availing of the services of professional registered agents would be your best option since you are guaranteed that whoever is handling your legal affairs knows their stuff well. If you are forming your LLC from scratch, then with LegalZoom Registered Agent, you will get the full formation package.
What to Consider While Choosing an Indiana Registered Agent
Here are some factors to consider when choosing a registered agent.
- Service Fee: Since most states require formal businesses to have registered agents, selecting the best-registered agent is critical. Hiring a registered agent typically costs between $99 and $300 annually. When you consider how much time it will save you, this is a small price to pay.
- Tenure in Business of Registered Agent: You want the registered agent to have established and time-tested procedures for handling documents. We recommend Registered Agent Services that have been in business for a long time. They are experienced and well capable of handling all your documentation.
- State Jurisdiction Limitation: If your company expands to another state, you should use the same registered agent in all states to reduce the administrative burden of dealing with multiple registered agent service providers. Check out the best Registered Agent Services to consider for this job.
- Offer Monitoring and Follow-up Services: You want to receive up-to-date information and alerts from your registered agent as soon as possible so that you are aware of the various statutes, rules, and regulations that apply to your company. Some of the service providers offer this service. Make sure to choose an RA service that includes this service.
How to Appoint a Registered Agent in Indiana
At the time of submitting the Indiana Articles of Organization, the registered agent can be appointed by the LLC. It can be done online or by mail. No additional fee is charged for appointing a Registered Agent. Only the state filing fee should be paid.
Appoint Registered Agent Online
To appoint a registered agent online, you have to go to the Indiana LLC Online Filing page and provide the information of your Registered Agent accordingly.
Appoint Registered Agent By Mail
To appoint a registered agent in Indiana by mail, you need to download the Indiana LLC filing form (PDF). Fill up the “Registered Agent” section with appropriate details of the agent and submit it to the SOS office. For more information, read on Indiana Articles of Organization.
Cost of an Indiana Registered Agent
The cost of having a registered agent can be variable. It depends on whether you are employing an in-house registered agent, being your own agent, or outsourcing the service. The cost of having a registered agent can start from $99 and go up to $300 per year. It will be cost-effective if you outsource the registered agent service in Indiana.
Registered Agent services that also provide LLC formation packages can provide the same service at a lower price. For example, LegalZoom offers standalone registered agent service at $299 per year, but if you buy their LLC formation package at $0 + state fees, you might get a registered agent at a low cost.
How to Change a Registered Agent in Indiana
To change the Indiana registered agent, you must file a Change of registered agent or office by entity form. This form can be submitted to the Indiana Secretary of State via mail or online filing.
For email filing, you need to get the online form, which is available on the Indiana Secretary of State portal. Fill in all the necessary information of LLC as well as current and old registered agents. This form must be completed and signed by the newly appointed registered agent and any authorized member of the LLC. The signature of the new registered agent acts like the consent to be appointed as one. Submit it online.
Fee: No fees.
File By Mail
You can also choose to file the form through the mail. You need to download the Change of registered agent or office by entity form from the Indiana Secretary of State’s portal. Fill in all the details on your computer. The completed form is to be signed by the newly appointed registered agent. The duly signed form must be sent to the following address,
Mail to: Secretary of State
Business Services Division
302 West Washington Street, Room E018
Indianapolis, IN 46204
How to Pay: The filing amount is payable to the Indiana secretary of state through a credit card when filing online/by email. For paper filing, you can choose to pay through money order or check.
Why Do LLCs in Indiana Need a Registered Agent Service
There are several reasons why a business should appoint a registered agent in Indiana. Some of the most important reasons are listed below,
- Confidentiality: Having a registered agent service in Indiana ensures the complete privacy of your business and related documentation. Appointing a registered agent company instead of an individual gets you privacy and confidentiality contracts beforehand.
- Up-to-date Compliance: LLCs and corporates have plenty of paperwork and compliances that are to be updated on time. With a registered agent service, you don’t have to worry about those compliances, as your registered agent will maintain a compliance calendar.
- Privacy: It is mandatory for businesses in Indiana to publicly upload their address to the Indiana Secretary of State. If you are using the home address for your business, then it would not be safe to make your private address public. On the other side, appointing a registered agent service will cover you up here as they have to provide their address to the Indiana SOS and not yours.
- Availability: Every registered agent has to be available during office hours of work on business days. If you hire a registered agent service, then they can be available at the required time without harming other tasks at the company.
- Online Safe Backup: Every registered agent in Indiana or any other state usually takes an online backup of all the documents and paperwork. This ensures the LLC papers are securely saved in a central system.
- Lawsuits or Summons: Getting summoned or involved in a lawsuit does not leave a good impression on the employees. With a registered agent, all the related papers will be delivered to the Registered Agent’s official address. Hence, owners do not have to receive any such papers in their office in front of their employees.
Indiana Business Laws for Registered Agents to Note
Like in all other states, Indiana also has protections for both consumers and businesses. This section
describes the business laws that may affect your LLC should you operate in Indiana.
Indiana Antitrust Laws
Businesses have little motivation to win customers because of a lack of good and open competition, thus allowing more freedom to raise prices. The federal government and the States use antitrust laws to discourage cooperation, certain mergers, and acquisitions that may give companies an unfair advantage. Indiana antitrust laws allow citizens to bring private lawsuits against companies and also recover attorneys’ fees if they are successful.
State attorney generals can sue in the place of the state; the court can order an injunction to prohibit the practice if the lawsuit is successful. Businesses or consumers that compete may also file a private right of action. The plaintiff can recover damages due to unfair practice if the lawsuit is successful.
Indiana Deceptive Trade Practices Laws
The state of Indiana’s deceptive trade practices laws adheres to the Uniform Deceptive Trade Practices Act, which allows both state attorneys and private parties to file lawsuits against dishonest companies. Learn more about Indiana’s deceptive trade practices law in the following table. Violating an injunction costs up to $15,000 and a penalty of up to 500$ for incurable deceptive acts.
Indiana Interest Rates Laws
Indiana law, like most other states, limits the amount of interest a creditor can charge. The limit and default is 21 percent for unsupervised consumer loans and eight percent for judgments.
In Indiana, it is possible to switch the registered agent. You must fill up an application and pay a charge of 0 USD to do so to the Secretary of State, together with the RA change application. Choose the method that works best for you: online, via fax, or by mail to the Secretary of State, Business Services Division, 302 West Washington Street, Room E018, Indianapolis, IN 46204.
A registered agent may be any person who is at least 18 years old and a long-term resident of Indiana. To operate a business in the state, the individual must be authorized. Anyone may register as a registered agent if these conditions are met.
A registered agent may be any Indiana person over the age of 18 who also resides in Indiana. Any individual who satisfies the qualifications, whether connected to you or not, may be designated as your LLC’s registered agent in Indiana.
The Indiana SOS must be updated with the new address if the registered agent’s residence is to be changed. You must submit the RA Change Form to the Indiana Secretary of State in order to achieve this. Update the form’s address area with the updated information. You may submit it in one of three ways, depending on what is most convenient for you: online, by mail to the Secretary of State’s Business Services Division at 302 West Washington Street, Room E018, Indianapolis, IN 46204, or by fax. The procedure may need payment.
You may discover a company’s information by going to the Indiana Secretary of State’s website. For a corporate search, use the business search option. Check the portal’s registered agent information after you’ve located it.
On behalf of your firm, any process or notifications must be served by an appointed registered agent in Indiana. The official address for any such documents should be the office of the Registered Agent. A registered agent in Indiana may be anybody who satisfies the qualifications.
You must include the information of the registered agent you hired in Indiana when you register your business with the Indiana Secretary of State. The registered agent’s name, residence, contact information, and appointment date must all be included. Your registered agent will be listed with the Indiana SOS when the formation is complete.
You must use the Indiana SOS to look for a registered agent’s address in Indiana. Look for the registered agent information on the website after doing a search using the business name. The location and phone number of the Indiana registered agent may be found in the registered agent section.
Visit the Indiana SOS website if you want to use the registered agent’s name to locate the company name. For business information, put the name of the registered agent in the search field. There, among the search results, you may look up the company.
A registered agent must be at least 18 years old and a resident of the state in order to be appointed. That individual may act as a registered agent in Indiana if all requirements are met.
Indiana makes it simple to find a registered agent for a company. You have to access the site of the Indiana Secretary of State. The name, tax ID, and registered agent of a company may all be used to locate it. To get the registered agent information for a corporation, search for a company by name.
An Indiana registered agent may quit without any difficulty. A formal resignation letter must be sent to the firm by the individual before leaving. The Indiana SOS must receive the notice together with the resignation letter by mail, fax, or online after the firm has accepted it in order to go further.
You must go to the Indiana Secretary of State’s official website if you wish to edit the registered agent in Indiana online. To change the registered agent in Indiana, you must send the RA Change Form through mail or online (if available).
You have a few options if you want a free registered agent in Indiana. You must first sign up to serve as your company’s registered agent. A member of your family may serve as a registered agent as a second option. Last but not least, you may hunt for free service providers if you are employing a competent registered agent.
In Indiana, you must go to the Indiana SOS if you want to look up the registered agent. You may get the information by doing a search for your company using its name. Once you have the company’s details, you may look for the registered agent’s name, address, and phone number.
The Secretary of State’s Company Services Division is located at 302 West Washington Street, Room E018, Indianapolis, IN 46204, and may be reached by mail with the registered agent form (business formation paperwork). No specific paperwork is required to name the registered agent. In Indiana, the formation paperwork should name a registered agent.
In Indiana, you need a registered agent if you operate a company. If you don’t already have one, you should get one right away, or if your registered agent has quit, you may act as your company’s Indiana registered agent.
The authority granted to your company’s registered agent becomes null and void in the event of his death. Companies in Indiana must use the RA change procedure to appoint or replace an additional registered agent. Mail, internet, or fax are all acceptable methods for changing a registered agent.
You cannot always be sure that the name of the registered agent may be concealed because it is a requirement in Indiana to post the name and address of a registered agent to the Indiana Secretary of State’s website. The owners’ and members’ identities may be kept private if you operate an Anonymous LLC.
Call this number in Indiana, 317-234-9768, to learn more about the registered agent. In Indiana, this is the number for the Secretary of State’s office. The department you’re looking for may need you to wait and follow the caller’s instructions.
Before beginning to represent a company, every registered agent in Indiana must grant their approval. In certain circumstances, the registered agent must send the approval letter to the Indiana SOS separately. While in other instances, they may be required to sign the formation paperwork or the RA change form in order to indicate their approval.
In Indiana, a registered agent and a resident agent are the same titles. Just the name varies depending on the state. In Indiana, both the resident agent and the registered agent must be appointed via the same procedure.
In Indiana, if the authorized individual does not provide their approval, the corporation may be held liable. It might be seen as a deceptive depiction. However, an uninvited agent has the power to refuse any task that has been given to that individual.
In Indiana, a business may be sued even if there isn’t a registered agent. Because there isn’t a registered agent’s office to receive the paperwork, the corporation will get the legal notification differently than normal.
A designated registered agent has the option to refuse the designation. In Indiana, you must initial and send a declaration of rejection to the Indiana SOS. You may quit your work as soon as the rejection statement is received.
How to Remove a Registered Agent for LLC in Indiana
A registered agent for LLC in Indiana can be removed by submitting a Statement of Change with the Indiana Secretary of State without any filing fee
To begin with, let’s explore the reasons why an LLC might need to remove a registered agent. The registered agent plays a crucial role in ensuring the LLC remains compliant with legal obligations. They receive and forward legal notifications, such as court documents, tax forms, and other official communication. However, situations may arise where issues such as ineffective communication, noncompliance, a breakdown in trust, or simply a change in business needs call for the removal of the existing registered agent. Consequently, it becomes crucial for LLC owners or managers to have a clear understanding of the process and requirements for removing a registered agent.
In the state of Indiana, the process of removing a registered agent for an LLC follows certain guidelines outlined by the Indiana Code in Chapter 23-0.5. Firstly, it is important to note that a registered agent may resign at any time by providing written notice to the LLC. On the other hand, for the LLC to remove a registered agent, it must submit a Certificate of Change of Registered Office or Registered Agent to the Indiana Secretary of State. This document should outline the name of the LLC, the name of the registered agent being removed, and the effective date of the removal.
Moreover, doing due diligence is crucial when selecting a new registered agent for an LLC. Factors such as the agent’s reliability, communication skills, experience, and knowledge of legal obligations all need to be taken into consideration. Researching registered agents and consulting legal professionals can help ensure you choose the right fit for your LLC.
Once the new registered agent has been selected, the process of updating the Indiana Secretary of State is straightforward. An LLC can update its registered agent by submitting the same Certificate of Change of Registered Office or Registered Agent form to the Secretary of State. However, ensure that all required information is complete and accurate, including the name of the LLC, name of the new registered agent, and the effective date of the change.
Finally, it should be noted that promptness is of utmost importance regarding the removal and replacement of a registered agent. To avoid any potential disruptions or complications, it is advisable to handle these changes in a timely manner, ensuring uninterrupted reception of essential documents.
In conclusion, while the role of a registered agent is crucial, there may be instances where their removal becomes necessary due to various factors. Familiarizing oneself with the process and requirements for removing and replacing a registered agent in Indiana is vital for the efficient functioning of an LLC. By following the guidelines outlined by the Indiana Code, selecting an appropriate replacement, and promptly submitting the necessary documentation, LLC owners can ensure that legal obligations are met, thus facilitating the smooth operation of their businesses.
Before you choose a registered agent for your Indiana LLC, compare their price and services from the table. They will be responsible for all your documentation, filings, and other LLC-related tasks. Hence, choose the best one for your business that provides 100% accurate service at a reasonable price.