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Forming a Limited Liability Company (LLC) in Indiana can provide numerous benefits to business owners, such as limited liability protection, pass-through taxation, and ease of management. This article will delve into some of the costs and steps involved in establishing an LLC in Indiana, as well as the ongoing responsibilities of maintaining the business entity.
If you need assistance forming an LLC in Indiana, we invite you to call us at Mattox & Wilson at 812-944-8005 to schedule a consultation with one of our experienced LLC attorneys. As LLC attorneys, we can guide you through the process of establishing your LLC. We understand the complexities involved and are committed to providing personalized service tailored to your unique business needs. Do not navigate the process alone; let our skilled attorneys at Mattox & Wilson put our expertise to work for you. Call us today to schedule your consultation and take the first step towards a successful business venture.
An LLC is a formal business structure that offers the best of both worlds: the limited liability protection of a corporation and the flexibility and pass-through taxation. Instead of shareholders, an LLC has members who typically enjoy protection from the company’s liabilities and debts.[1] Although not legally required, it is highly recommended for an LLC to operate under an Operating Agreement, a document outlining an LLC’s rules, structure, and operations.
An LLC that meets the IRS guidelines can be taxed as a partnership, with taxation occurring only at the member level. This avoids the double taxation often experienced by traditional corporations while maintaining fewer restrictions compared to an S-Corporation. It is important to note that we are not tax attorneys; as such, it is critical that you consult with an accountant or tax professional to understand the ramifications of all applicable tax regulations.
When deciding on a name for your Indiana LLC, it is imperative that your chosen name stands out from those of other similar businesses registered with the Indiana Secretary of State. To verify the uniqueness of your preferred name, an online search can be performed at https://secure.in.gov/sos/online_corps/name_search.aspx.
However, this is just an initial check and should not be the sole basis for your name decision. If you need assistance checking or registering a business name, we encourage you to call our office to schedule a consultation. At Mattox & Wilson, we provide assistance in checking name availability and reserving business names, ensuring that companies avoid potential complications down the road.
To establish an LLC in Indiana, you must file the “Articles of Organization” with the Indiana Secretary of State’s office and pay a $90 filing fee.[2]The Articles of Organization must comply with Indiana law in order to be valid. As LLC attorneys with decades of legal experience, we routinely help companies form entities.
If you need assistance forming an LLC or another type of entity, we invite you to call Mattox & Wilson to schedule a consultation. We can discuss your objectives, answer any questions that you may have, and assist in forming an entity that meets your needs.
A registered agent is a crucial component of an Indiana LLC. This individual or entity is responsible for receiving legal documents, official correspondence, and notices on behalf of an LLC. By having a registered agent, businesses can seek to ensure timely communication and compliance with state laws and regulations.
Every corporation, LLC, limited partnership, and LLP in Indiana must have a registered agent and registered address within the state. The registered agent serves as the legal contact and representative for the business and cannot be the business entity itself. The agent may be an individual or another formal business organization incorporated or qualified in Indiana, with a valid registered agent in the state. The registered agent’s business address must be the same as the office address, and a P.O. Box is not acceptable unless accompanied by a rural route number.[3]
It is essential to choose a reliable registered agent who has a physical street address in Indiana. This could be a member of the LLC, an attorney, or a professional registered agent service. The registered agent must be available during regular business hours to receive documents on behalf of the company. If a business or individual requires assistance in finding a suitable registered agent, we can help by providing advice in selecting an appropriate registered agent in seeking to ensure your business remains compliant with Indiana state regulations.
Once an LLC is formed in Indiana, it is important to remember that there are ongoing statutory requirements that businesses must adhere to. For instance, for-profit entities are obligated to submit a Business Entity Report every two years, which includes a filing fee of $30.00 ($22.44 if filed online). These requirements are essential for maintaining your LLC’s good standing with the state, and we can also assist with these matters
If you need assistance in understanding or complying with these ongoing LLC obligations, do not hesitate to reach out to the business attorneys at Mattox & Wilson. We are well-versed in the nuances of Indiana business law and can provide invaluable guidance to ensure your LLC operates within the stipulated regulations.
Apart from the requirements for the Secretary of State’s office, it is also vital to address the following:
As experienced Indiana business attorneys, we can assist in all of these matters.
Our comprehensive legal services aim to help new business owners navigate the complexities of setting up and running a business, ensuring that you are in compliance with all necessary regulations and procedures. With our expertise, you can focus on what you do best – growing and managing your business.
Forming an LLC in Indiana can provide business owners with numerous potential benefits, including pass-through taxation, limited liability protection, and ease of management. By understanding the costs, steps, and ongoing responsibilities associated with establishing and maintaining an Indiana LLC, you can ensure that your business remains in good standing with the state and continues to thrive in the competitive business environment.
If you need assistance forming an LLC or complying with ongoing requirements, we invite you to call our office to schedule a consultation today.
[1] Under certain circumstances, an individual member could be held personally liable for an LLC’s debts. Such situations may include instances of fraud, illegal activities, or negligence, as well as when personal and business assets are not kept separate. It is crucial to follow proper business practices and maintain a clear distinction between personal and business finances to uphold the limited liability protection provided by an LLC structure.
[2] This filing fee is as of May 2023. The Indiana Secretary of State may periodically change the filing fee.
[3] Choosing A Structure and Forming Your Business, Indiana Secretary of State, https://www.in.gov/sos/business/guide_print.html.