Forming an LLC in Indiana is a big decision. Before filing the Articles of Organization, you will need to choose a registered agent. In this article, we’re going to walk through what the role of a registered agent is and what your options are as a business owner.
What is an Indiana Registered Agent & is it Necessary?
Yes, a registered agent is legally required. A registered agent is an individual or service that acts as a go-between with the LLC and the state of Indiana.
In short, the registered agent assumes statutory responsibilities. He/she must agree to receive and deliver any official communications such as tax or legal documents from the state of Indiana to the LLC. Furthermore, the registered agent must be consistently available to carry out this responsibility without interruption.
As stated on the Secretary of State Division of Business Services website, the registered agent “is the legal representative and contact for the business.”
What are the Requirements of a Registered Agent?
Aside from carrying out the statutory responsibilities defined above, a registered agent must meet the following requirements:
- The agent must be an individual resident of the state of Indiana or a corporation authorized for business in Indiana.
- The agent must have a physical address in Indiana.
- The agent must have a mailing address in Indiana.
- An LLC cannot act as its own registered agent in Indiana.
For reference, here is a screenshot of what information is required on the Indiana Articles of Organization:
Who can be a Registered Agent in Indiana?
The Indiana registered agent can be either an individual or a professional service. Here are the pros and cons of each option.
As mentioned above, if using an individual as your registered agent, the individual must be a resident of Indiana.
This means that the individual cannot be in the process of establishing residency in another state, territory, or country or receiving benefits while claiming residency in another state, territory, or country.
Otherwise, the individual can be an attorney, accountant, or even a friend or family member. Simply add the person’s name and address to the Articles of Organization.
- Convenience – Using someone you know saves the time of searching for a registered agent service. The individual is probably also someone that you trust.
- Cost – The cost will likely be much lower than using a service, perhaps even free.
- Inconvenience – The individual who acts as registered agent is required to be available without interruption. She/he may not put a hold on mail. This might make vacations a bit tricky.
- Risk that documents are not delivered in timely manner – If using an attorney, for example, you may be risking that she/he is away from the office at the time of delivery. This leaves open the possibility that the document is put in other hands, possibly slowing the process. If using a friend or family member, you run the risk of having documents misplaced or even ignored. Personal and work lives often have many distractions. For example, if quarrelling with Aunt Louise over a late or missing tax document worries you, a registered agent service may be a better option.
Registered Agent Service
If a service is acting as registered agent, it must be a business, professional, or non-profit corporation. It cannot be an LLC, LLP or LP. Registered agent services provide this type of assistance. The service’s name and address must be included on the Articles of Organization.
- Privacy – If documents regarding a sensitive issue such as a lawsuit are being delivered, the service provides a cushion of privacy between your business and the public. In addition, the address of the service, not your business (or family member or friend) is public record. This means that marketing materials or junk mail will be sent to the service, not to the LLC.
- Reliability – The registered agent needs to be available during regular business hours – all business hours. Using a service might provide a measure of comfort knowing that important documents will not slip through the cracks (as long as you use a reputable service). After all, receiving and delivering important and time-sensitive documents is what the service is experienced doing.
- Location – An LLC is not required to maintain a physical presence in the state of Alaska. The LLC may also do business in various states. Many services have you covered by providing that presence in multiple or even 50 states.
- Cost – Using a service is going to cost you more than using an individual. Still, having the peace of mind that important documents are being handled by a professional service may be worth it.
- Unfamiliarity – Using an individual usually means using someone you know and trust. With an unknown entity there is always a risk of unsatisfactory service. Of course, this is what reviews are for!
Finding a registered agent that is the right fit for your LLC may be one of many tasks when setting up your LLC, but one that is essential to running your business efficiently.
How to get a Free Registered Agent
The most cost effective way to get a free registered agent in Indiana is to use a professional LLC service that also offers a free registered agent service.
How it Works
Simply hire a service like IncFile and Northwest Registered Agent to form an Indiana LLC. As part of their package, they’ll include a free registered agent service and list their address on the Articles of Organization instead of yours.
All you pay for is the $100 Alaska state LLC formation fee + $49 or $79 service fee.
This will remove all registered agent responsibilities off your plate, take care of LLC formation paperwork and provide you with an online dashboard to keep track of things that come up in regard to your LLC in Indiana.
How to Change Your Indiana Registered Agent
In order to change your registered agent in Indiana, go to the Secretary of State’s Business Forms page and scroll down to find “Registered Agent or Address Change.” There, you’ll find all the info you need in one place: links to download a paper form or submit it online. Either method will require you to input the following:
- Your LLC name (must be identical to the name on record with the Secretary of State)
- The name of your current registered agent
- The name of your new registered agent
- The address and email of your new registered agent (only if you’re using a non-commercial one)
- A confirmation from the new registered agent
- Your signature
You’re probably expecting a fee, but Indiana actually lets you change your registered agent for free! Isn’t that nice?
Filing online is the fastest way to go about it. Go to the INBiz website and create an account to get started.
But if you love the feeling of submitting a paper copy, go for it. You can mail your completed form to:
Secretary of State
Business Services Division
302 West Washington St., Rm. E018
Indianapolis, IN 46204
*You can also hand deliver your form to the same address
This form isn’t the only option for changing your agent, though. If the timing is right, you can also update your registered agent information when filing your biennial Business Entity Report. Or, you can file an amendment to your Articles of Organization, although this will cost you $30, so it’s probably not the best option.
If you’re too busy, or if you’d feel more comfortable letting someone else take the reins, you have the option of hiring a company or individual to file your paperwork for you. It’s a great way to save time and stress.
Submit your form? Pay your fee? Then you should see your new registered agent on file soon. Typical processing time for the Indiana Secretary of State is 3-5 business days.
Have Questions or Concerns?
If you’d like to talk to the state directly about your questions or concerns, it’s easy!
Visit Their Website
Visit the Indiana Secretary of State Business Services Division for more information about registered agents in the state of Indiana. They have a great Entrepreneur’s Guide to Starting a Business in Indiana.
Give Them a Call
If you’d prefer to call, reach out to their Indianapolis office at (317) 234-8513 for the Service of Process line or (317) 232-6581 for the Business Services front desk.