Do I need a lawyer to Incorporate in Indiana? |
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The short answer is no.
The state of Indiana does not legally require a lawyer to form an
Indiana Corporation.
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The short answer is no.
The state of Indiana does not legally require a lawyer to form an
Indiana Corporation.
Our detailed Incorporation Information page may help you understand some
of the implications of forming an Indiana Corporation.
However, if there is anything about Incorporating in Indiana
that you're not sure about you should seek the advice of a competent Indiana lawyer, an Indiana accountant,
or both before you Incorporate in Indiana.
Once you have made the decision to Incorporate in Indiana, an Indiana lawyer
can file your documents and act as a middle man for a few hundred dollars an hour; or you can use an online service provider like All Business Documents
to perform these services and save money that you can use in your new Indiana Corporation.
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Do I have to Reserve a Company Name before I Incorporate in Indiana?
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You are not legally required to reserve a Company Name for a new Indiana Corporation before you submit your application to Incorporate in
Indiana.
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You are not legally required to reserve a Company Name for a new Indiana Corporation before you submit your application to Incorporate in
Indiana.
Whether or not you need to reserve a company name for your new Indiana Corporation depends entirely on your business situation.
The Indiana Secretary of State uses names on a first come first served basis.
So if you think that someone may snatch the Company Name that you have in mind, you may want to reserve that Indiana Company Name.
Click here for more information on
Indiana Company Name Reservation
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What if the Indiana Corporation Name I want is already taken?
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If the Name you have chosen for your new Indiana Corporation is already in use by a currently active
Indiana Corporation or LLC, and you still want to use that Corporation Name, then you will have to register a DBA Name with the Indiana Secretary of State. "DBA" is an abbreviation for "Doing Business As."
In Indiana a DBA Name is called a Assumed Business Name.
We verify that the Name you have chose for your new Indiana Corporation is available before we submit
your Incorporation filing to the Indiana Secretary of State.
If necessary we can register a Assumed Business Name in Indiana for you so that you can open your new Indiana business as quickly as possible.
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What do I have to do to Incorporate in Indiana?
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8 things you have to do in order to Incorporate in Indiana.
1. Choose a name for your Indiana Corporation
2. Select an official address and a Registered Agent for your Indiana Corporation
3. Choose a Board of Directors for your Indiana Corporation
4. Decide who will be Officers for your Indiana Corporation
5. Determine how you want your Indiana Corporation to be taxed
6. File Articles of Incorporation with the Indiana Secretary of State
7. Get a Federal Employer Identification Number (FEIN)
8. Issue Stock Certificates to the Initial Shareholders
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1. Choose a name for your Indiana Corporation
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Your Indiana Corporation name can identify the type of products and services your business will provide;
or it may be the name of the founder; or it can be a combination of the two or something else.
In any case, the Indiana Corporation name that you choose must be distinguishable from the name of any other registered Indiana Corporation or other
business entity and the name must also be different from any reserved names on record with the state of Indiana.
Your Indiana Corporation name must not imply that it was formed for a purpose other than that stated in your
Articles of Incorporation;
and your Indiana Corporation name must not be a name that is likely to mislead the public.
The name of an Indiana Corporation must include the word "Corporation" or
"Incorporated" or an abbreviation of one of these words.
It's important to choose a good name for your Indiana Corporation because if you want to change it after you incorporate you
will have to file amended Articles of Incorporation with the Indiana Secretary of State (and pay a fee).
We will:
- Check to make sure that your Indiana Corporation name is available
- Make sure your Indiana Corporation name conforms to state of Indiana regulations
- Reserve your Indiana Corporation name with the Indiana Secretary of State
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2. Select an official address and a Registered Agent for your Indiana Corporation
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Every Indiana Corporation must have an address that is physically located in the state of Indiana.
This address is "registered" with the Indiana Secretary of State.
The Registered Address is where official and legal correspondence can be delivered.
The individual or company that is registered with the state of Indiana to receive all correspondence on behalf of the Indiana
Corporation is called a "Registered Agent".
You may act as your own Registered Agent, however, many Indiana Corporations hire a Registered Agent because they don't have a physical
address within the state of Indiana or to provide a distinct level of privacy.
- We can act as the official Registered Agent for your Indiana Corporation.
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3. Choose a Board of Directors for your Indiana Corporation
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All Indiana Corporations are required to have a Board of Directors.
Directors are the people who will set policies for your Indiana Corporation and manage the business and its resources.
In the majority of small corporations directors are the owners.
The Articles of Incorporation or Corporate Bylaws may define specific qualifications for Directors.
The Board of Directors is responsible for creating rules, approving budgets and distributing profits to shareholders.
One of the most important duties of the Board of Directors is electing Officers for your Indiana Corporation.
The same person may be a Director and an Officer at the same time.
Directors need not be residents of the state of Indiana or shareholders of the Indiana Corporation unless the Articles of Incorporation
or Bylaws require it.
Normally Directors for your Indiana Corporation are elected for a term of one year.
Elections are held at the annual meeting of Shareholders.
The Directors serve until the next annual Shareholders meeting.
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4. Decide who will be Officers for your Indiana Corporation
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The Board of Directors elects Officers for your Indiana Corporation in accordance with the Corporate Bylaws and Articles of Incorporation.
Officers serve at the pleasure of the Board of Directors of the Indiana Corporation.
Officers handle the day to day operation of the Indiana Corporation.
Unless specifically prohibited by the Corporate Bylaws or Articles of Incorporation, in a Indiana Corporation
the same person may hold more than one Corporate Office at the same time.
However, there are certain legal affairs in which the same person cannot act in more than one capacity.
One Officer - usually the Secretary - is given responsibility for preparing Minutes of Directors and Shareholders meetings
and for authenticating records for the Indiana Corporation.
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5. Determine how you want your Indiana Corporation to be taxed
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The Indiana Corporate Income Tax Rate is 8.5%.
You may form an S Corporation in Indiana.
S Corporations may "pass through" all corporate profits to the shareholders (owners) who then pay tax at their applicable
personal rate.
S Corporations do not pay any Indiana Corporate Income Tax.
Click here for more Indiana Corporate Tax Information .
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- If you choose to be taxed as an S Corporation, we can prepare the S Corporation election form for your Indiana Corporation and include it with
your Incorporation documents.
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6. File Articles of Incorporation with the Indiana Secretary of State
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In order to form a Corporation in Indiana you must file Articles of Incorporation with the Indiana Secretary of State.
The Articles of Incorporation must include certain specific information about your Indiana business. If the Articles do not conform exactly to state of Indiana requirements they will be rejected.
You may subsequently amend the Articles of Incorporation for your Indiana Corporation but you will have to pay a fee to the state of
Indiana in order to make the changes official.
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7. Get a Federal Employer Identification Number (FEIN)
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A Federal Employer Identification Number, also known as a Federal Tax Identification Number, is used by the IRS to identify a
business entity.
An FEIN is like a Social Security Number for your Indiana Corporation.
All Indiana Corporations are required to have an FEIN.
- We can obtain an FEIN for your Indiana Corporation.
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8. Issue Stock Certificates to the Initial Shareholders
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Corporate stock is evidence of ownership of a Indiana Corporation.
When you form your Indiana Corporation, you will need to determine what type of stock and the number of shares of each type that
you want to authorize.
You do not have to sell the number of shares that are authorized.
Many small Indiana Corporations hold 100% of the shares.
Stockholders in a Indiana Corporation are entitled to voting rights or dividends of the Corporate profits or both.
Whoever owns over 50% of the stock of the Indiana Corporation is able to make all Corporate business decisions.
Indiana Corporations usually hold at least 51% of the corporate stock in order to retain control of the Indiana Corporation.
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What do I have to do after I form my Indiana Corporation? |
6 things you have to do after you Incorporate in Indiana.
1. Conduct an initial Meeting of the Board of Directors and adopt Corporate Bylaws
2. Open a Business Bank Account in Indiana for your IN Corporation
3. Obtain Business Licenses from the cities and counties in which you plan to do business
4. Hold Meetings of Shareholders and Directors of each year.
5. File the required Indiana Corporation reports
6. Keep proper records of your Indiana Corporation on file
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1. Conduct an initial Meeting of the Board of Directors and adopt Corporate Bylaws
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The Board of Directors holds an initial meeting to elect Officers, authorize issuance of stock and adopt the Corporate Bylaws.
Bylaws are the internal rules of your Indiana Corporation.
They are adopted by the Board of Directors and vary widely from Corporation to Corporation.
Commonly bylaws include the number of seats on the board of directors; how Directors are elected; how meetings of Directors and
Shareholders are to be conducted; what Officers the Indiana Corporation will have and a description of each of their duties.
As your company grows over time, you may amend your bylaws as necessary.
Bylaws generally cannot be amended by the Board of Directors unilaterally.
A vote by the majority of Stockholders of the Indiana Corporation is usually required to amend the Corporate Bylaws.
Bylaws may include any rules for managing the business and conducting corporate affairs.
Almost anything may be written into the Bylaws, however, the Bylaws must not be in violation of any federal or Indiana law or
the Indiana Corporation's Articles of Incorporation.
A copy of the Corporate Bylaws should be maintained at the Corporation's principal Indiana office.
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2. Open a Business Bank Account in Indiana
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It's very important that you have a separate business bank account for your Indiana Corporation.
Mixing personal and business funds can get you in a lot of trouble with the tax man down the line.
It's a good idea to contact the bank before you open a business bank account.
Specific requirements vary from bank to bank.
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3. Obtain Business Licenses from the cities and counties in which you plan to do business
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- We can research and prepare the necessary forms for your required business licenses and permits and include
them in your Indiana Incorporation package.
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Note that forming an Indiana Corporation doesn't take the place of obtaining a business license, tax
registration certificate, or other required business permits.
An Indiana Corporation merely creates an ownership structure that limits the owners' personal liability.
You may still need to take care of getting set up to do business with your local government.
Depending on the nature of the business and the location of your Indiana Corporation you may need to get one or more city
business licenses or permits.
The business licenses or permits that are required for your Indiana Corporation vary depending on your business activities
and the specific locations within the state of Indiana in which you want to conduct business.
If your Indiana Corporation will be selling products in Indiana you may be required to obtain a Reseller's Permit from the appropriate
Indiana state agency.
If your Indiana Corporation will be selling products in Indiana you will also be responsible for all applicable local and state of Indiana
sales taxes if there are any.
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4. Hold Meetings of Shareholders and Directors of each year.
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Every Indiana Corporation must hold corporate and shareholder meetings, at least annually, and must keep minutes of each meeting
on file.
A copy of the minutes is evidence that the meetings took place and includes all resolutions that were adopted.
The minutes of each meetings must be open for inspection by any Shareholder or Director.
This meeting requirement is often overlooked and comes into play when the Indiana Corporation is challenged for any reason.
Keeping proper meeting minutes and documenting resolutions made and approved by the Directors is a formality that could save your
Indiana Corporation a lot of potential trouble.
- We can transcribe the minutes of any meeting of your Indiana Corporation into a form that complies with all
state of Indiana requirements.
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5. File the required Indiana Corporation reports
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| The Indiana Secretary of State does not have any Initial Corporation Biennial Business Entity Report requirements for new Indiana Corporations. | Every Indiana Corporation must file a Corporation Biennial Business Entity Report EVERY TWO YEARS with the Indiana Secretary of State.
The first Indiana Corporation Biennial Business Entity Report is due at the Indiana Secretary of State by the end of the anniversary month in the year after the Indiana Corporation was initially approved by the Indiana Secretary of State.
Subsequent Indiana Corporation Biennial Business Entity Reports are due every two years after the first Indiana Corporation Biennial Business Entity Report has been filed with the Indiana Secretary of State.
For example, if the Indiana Corporation was initially approved by the Indiana Secretary of State in April 2014, that IN Corporation's first Biennial Business Entity Report is due at the Indiana Secretary of State by April 30, 2015. The next Indiana Corporation Biennial Business Entity Report would be due at the IN Secretary of State by April 30, 2017 and EVERY TWO YEARS thereafter. | | If an Indiana Corporation does not file its Biennial Business Entity Report with the Indiana Secretary of State by the due date, that Indiana Corporation can be administratively dissolved by the Indiana Secretary of State. |
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We can fill out and file any Biennial Business Entity Report with the Indiana Secretary of State after your Indiana Business gets going.
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6. Keep proper records of your Indiana Corporation on file
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Keep the following records on file and available at the principal business office of your Indiana Corporation:
- Names and addresses of all Directors and Officers of the Indiana Corporation
- Articles of Incorporation for the Indiana Corporation and any Amendments to them
- Corporate Bylaws for the Indiana Corporation and any Amendments to them
- List of current shareholders of the Indiana Corporation.
If shareholders change, keep a record of old shareholders and how stock was transferred.
- Minutes of all Meetings of Shareholders and Directors
- Copies of any Corporate Resolutions which have been adopted by the Indiana Corporation
- Copies of all tax returns and Annual Reports for the Indiana Corporation for the last 3 years
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What information do I need in order to Incorporate in Indiana? |
In order to Incorporate in Indiana you'll need certain specific information about your new Company
including the Corporation name and address; and Registered Agent information.
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In order to Incorporate in Indiana you'll need the following information about your new Company:
- The name of your new Indiana Corporation along with your second choice of a name in case the name that you want is not available
- Physical addess of the Corporation office in Indiana (not a PO Box)
- Name and address of your Indiana Registered Agent (not a PO Box)
- A description of the nature of the business you are planning to operate with the Indiana Corporation
- Names and addresses of the initial Directors of the Indiana Corporation
- The number of shares of stock that the Indiana Corporation will be authorized to issue
Remember - ALL the information that you provide when you Incorporate in Indiana becomes part of the public record.
Our data entry forms include the absolute minimum amount of information that is required in order to Form a new Corporation in Indiana.
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How long does it take to Incorporate in Indiana? |
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Processing times for new Indiana Corporation applications vary depending on the work load of the
Secretary of State's staff.
We've found that normal processing of new Indiana Articles of Incorporation takes the state around 1-2 business days.
Add 2-3 days for the time period for shipping the final documents by mail.
Choosing our Express Mail option can shave a couple of days off the total processing time for your Indiana LLC.
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PLEASE NOTE: WE CANNOT GUARANTEE INDIANA SECRETARY OF STATE PROCESSING TIMES.
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We are dependent on, and have no control over, the staff and systems of the Indiana Secretary of State.
In our experience 1-2 business days is the time it usually takes the Indiana Secretary of State to process
a new Indiana Corporation application.
We get your Indiana Corporation application to the IN Secretary of State ASAP.
Once it is at the state we have no control over the new Indiana Corporation application process.
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Are there any Expedited Processing Options for new IN Corporation Filings?
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| The Indiana Secretary of State does not offer any expedited filing options for new Indiana Corporation filings. |
How much does it cost to Incorporate in Indiana? |
The state of Indiana charges $108.00 to Incorporate in IN.
This is the cost of filing and getting a Certified Copy of your Articles of Incorporation from the IN Secretary of State.
If you choose All Business Documemnts to help you Incorporate in Indiana our processing fees are $125.00.
We start processing your new Indiana Corporation order as soon as we get it.
Total cost includes:
- IN Name Check and Reservation
- Prepare Articles of Incorporation
- File Articles of Incorporation with the Indiana Secretary of State
- Certified Copies of Articles
- Indiana Corporation Checklist
- Priority Mail Delivery
- Unlimited Customer Support
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What is a Indiana Professional Corporation? |
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Generally, if you are required to obtain some kind of license before you can market your skills in the state of Indiana then you will
most likely need to form a Indiana Professional Corporation.
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Generally, if you are required to obtain some kind of license before you can market your skills in the state of Indiana then you will
most likely need to form a Indiana Professional Corporation.
Attorneys, architects, engineers, public accountants, nurses and physicians, among others, may require registration as a Professional
Corporation with the Indiana Secretary of State.
Depending on exactly what it is that you want to do in Indiana, approval from a specific Indiana state agency or board may be required before the IN Secretary of State will approve a new
Indiana Professional Corporation filing.
This could add to the total processing time for a new Indiana Corporation.
Click here for more information on an
Indiana Professional Corporation.
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Indiana Foreign Corporation Qualification |
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You want to do business in the state of Indiana but are registered as a Domestic Corporation in another state.
In order to legally conduct business in the state of Indiana you must register with the Indiana Secretary of State as
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You want to do business in the state of Indiana but are registered as a Domestic Corporation in another state.
In order to legally conduct business in the state of Indiana you must register with the Indiana Secretary of State as
an Indiana Foreign Corporation.
The process of registering as a Foreign Corporation in the state of Indiana is called Indiana Corporation Foreign Qualification.
The process of Indiana Corporation Foreign Qualification is similar to the process of forming a Domestic Corporation in the state of Indiana.
Your original formation documents (usually called Articles of Incorporation) and Corporate Bylaws apply to your Indiana Foreign Corporation.
The Board of Directors and Officers of your Domestic Corporation have the same roles in the Indiana Foreign Corporation.
Click here for specific requirements for
Indiana Corporation Foreign Qualification.
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