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Different states have different requirements for LLC formation. Before going ahead, it’s essential to research the regulations in the state where you plan to set up shop. Below, we outline how to start an LLC in Indiana.
Step 1: Name Your Business
The Indiana Secretary of State requires that every registered LLC have a name that’s unique from the name of any other LLC in the state. This helps to protect all involved by ensuring that businesses are distinguishable. Once you have a business name you like, run a name availability check online. To do this, you’ll have to create an INBiz account (you’ll need this account anyway to register your Indiana business online, so go ahead and set one up!) Then, click Online Services. Under the Secretary of State section, select Name Reservations, enter the name, and click “Check Availability.
Step 2: Find a Registered Agent in Indiana
A registered agent is an individual or business that accepts mail such as lawsuits and tax documents on behalf of your Indiana LLC. Indiana requires that every active LLC in the state maintain a registered agent with a registered office. The registered agent can be an individual who has a registered office in the state, a domestic or not-for-profit corporation that has a registered office address in the state, or a foreign corporation or not-for-profit that’s permitted to do business in Indiana and has a registered business address in the state. In any case, the address must be a street address, not a post office (P.O.) box. Indiana doesn’t allow a business to serve as its own registered agent. Our roundup of registered agent service providers can connect you with a qualified agent.
Step 3: Complete the Indiana Articles of Organization
To officially start an Indiana LLC, you’ll need to file the Articles of Organization for a Domestic Limited Liability Company (Form 49459) with the Secretary of State. When completing the form, you’ll have to provide information like the business name, email address, principal office address, and registered agent information. You’ll also have to specify whether the LLC will be managed by the members (owners) or by distinct managers. The Articles of Organization can be filed online via the INBiz portal, or submitted via mail to the address given on the form. It costs $95 to file online or $100 to file by mail.
Step 4: Create an Operating Agreement
An operating agreement is created and signed by the LLC’s members. Once all parties have signed it, the document may be treated as a legally binding contract. The operating agreement specifies how the LLC is structured and managed. Although not mandatory in the state of Indiana, an operating agreement is highly advisable. It helps to clarify verbal agreements, can be used as a point of reference in case of litigation, and can bring peace of mind.
In general, an LLC operating agreement includes details like:
- Each member’s percentage of business ownership
- Each member’s voting rights and powers
- How LLC profits and losses are to be distributed
- Information about holding meetings
- Rules for transferring LLC interests, for example if a member passes away
Step 5: Obtain Your Employer Identification Number (EIN)
Even if your Indiana LLC starts as a one-person show, you may want to expand later and hire employees. To do so, you’ll need an EIN. You’ll also require your EIN for tax-filing purposes, as it will identify your business on tax paperwork. It’s similar to a Social Security Number, but for a business instead of a person. An EIN is free and easy to obtain; all you have to do is go to the Internal Revenue Service’s website to apply online, which is the preferred application method. Alternatively, you can request your EIN via fax or mail. If you’re an international applicant, you can also ask for an EIN via the phone.
Step 6: Meet Indiana’s Local Reporting Requirements
Indiana requires all business owners to submit an annual filing to their relevant county assessor’s office. This is located in the community where your LLC operates. You can look up your local county assessor’s office and see which documents you’ll have to file online.
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