Whether we’re talking weather, vacations, or bags of potato chips, all good things must come to an end, and that includes registered agent duties. There are numerous reasons you might need to give up your Indiana registered agent role, but only one way to resign.
Registered agents play an important role in the life of an LLC, handling sensitive legal and tax documents, so it’s essential that agents follow proper resignation procedures. Otherwise, you could leave your company with unplanned fines or penalties, and you could be individually liable.
The consequences might seem daunting, but the resignation process for an Indiana LLC is fairly easy.
Follow these steps and the hardest part of your resignation won’t be the process itself, it’ll be saying “so long” to your former business.
Time Saving Hack: You can resign as registered agent, get all state paperwork taken care of and have a replacement agent when you hire an online registered agent service.
Notifying the Indiana LLC
It’s not mandatory to inform the company of your resignation before you file your official statement with the Secretary of State. You do, however, need to send a copy to your LLC immediately after you submit it (according to Indiana Code 23-1-24-3). Even so, to help ensure a smooth transition for everyone involved, it’s a good idea to speak with the company in advance. In doing so, you’re giving them plenty of time to plan their registered agent change and avoid the penalties for operating without one.
Submitting Your Resignation
The first thing you need to do is head over to the Indiana Secretary of State Business Forms page. Under the “Registered Agent of Address Change” section, you’ll find the “ Statement of Resignation of Registered Agent,” with options to download the form or file it online.
The form contains two parts, but they’re both pretty straightforward. The first is a cover page that asks for your personal contact information (business name/email, your name, address, phone number, and email) so the Secretary of State can return a copy to you.
The second is the actual statement of resignation. It requires the LLC name and address, your name, the date, and your signature.
And that’s it! And the best part is that there’s no fee, so you can put away your checkbook or credit card. When you’ve finished the cover page and resignation, mail them to:
Secretary of State
Business Services Division
302 West Washington St., Room E018
Indianapolis, IN 46204
If you’re local to Indianapolis, you can also drop it off in person. And don’t forget to mail or deliver a copy to your LLC as well, even if you already discussed your resignation with them.
Online filings are processed immediately and mailed ones take 3-5 business days. After your resignation is processed, you will remain the registered agent of your company for 31 days, unless they appoint a replacement sooner. Don’t go skipping town, because you could still receive documents and service of process for up to a month after you resign.
Handing off Your Responsibilities
When you put down your registered agent responsibilities, someone else has to pick them up, or your LLC will lose its good standing with the state. Help your LLC keep its momentum by carefully planning your transition.
This starts with finding a successor who’s ready to take over right away. Even a small gap in registered agent coverage can result in severe penalties. For example, say you resign and your LLC takes too long to appoint a replacement. If they spend more than 60 days without a valid registered agent, the LLC can be administratively dissolved by the state. This is why it’s important to assist them in establishing a transition plan.
Once you’ve nominated a replacement, confirm that they meet Indiana’s registered agent requirements. They must:
- Be an individual or corporation residing in Indiana
- Have a physical Indiana address (P.O. boxes aren’t allowed)
- Have a mailing address in Indiana
- Be present at their physical address during general business hours
An individual LLC member may serve as the company’s registered agent, but the LLC itself may not. Sometimes, though, it’s easiest to pass off those responsibilities to a professional.
We recommend using a registered agent service, which can take over registered agent duties, freeing up more time for the LLC’s managers to focus on running the business.
You do a lot for your Indiana LLC. You’re essentially the shield that protects it from fines, the filter that catches important documents, the conductor that keeps it on track with compliance.
Because you play such an important role, it’s crucial that you follow the resignation procedures exactly — and potentially provide a replacement agent for the business. Otherwise, you might find yourself and your LLC in hot water.
Follow this guide and you’ll be totally fine. Soon, you’ll be on to your next project, whether that’s starting a new business in Indiana or something completely different.