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Forming an LLC in Indiana

Starting a business involves making several decisions, including the selection of a business structure. A popular type of business structure is the limited liability company (LLC). Its popularity is mainly due to the protection from liability that it provides to the owner(s) and the way that it's taxed. LLCs are usually a good choice for small businesses because they're fairly easy to form and they don't typically have burdensome requirements to maintain.

Indiana LLC Formation Requirements

Indiana defines an LLC as an entity that's an "unincorporated association," mainly to distinguish it from limited partnerships and corporations. An Indiana LLC is formed at the time the Articles of Organization are filed with the Business Services Division of the Indiana Secretary of State. The Articles of Organization must include the following:

  • The LLC's name;
  • The duration of the LLC;
  • The registered agent's name and address; and
  • The signature of at least one manager, member, or organizer.

In addition, if the operating agreement vests management in a manager (or managers), a statement to that effect must be included in the Articles.

Conveniently, you can find the required forms to start an LLC in Indiana in FindLaw's Indiana LLC Formation Package.

Forming an LLC in Indiana: The Basics

Most states have similar steps for forming an LLC. However, it's important to follow the precise procedure for the state in which your LLC will be operating. In the following table, you can find an overview of how to form an LLC in Indiana and links to the applicable statutes and government agencies.

Statute(s) Indiana Code, Title 23, Article 18, Section 23-18-1-1, et seq. (Limited Liability Companies aka Indiana Business Flexibility Act)
Step-by-Step Process of Forming an LLC

Forming an LLC in Indiana requires taking the following steps:

  1. Picking a name that ends with "Limited Liability Company" or "LLC" and isn't taken by another business.
  2. Filing Articles of Organization with the Indiana Secretary of State and paying the required filing fee.
  3. Appointing a registered agent, which will be the legal representative of the business.
  4. Complying with any Indiana business tax requirements that apply to your LLC.
State Agency in Charge of LLC Formation

The Indiana Secretary of State is the government entity in charge of business organizations in the state.

Related Statute(s)

Indiana Code, Title 23. Business and Other Associations

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Forming an LLC in Indiana: Related Resources

For additional information and resources related to this topic, please click on the links listed below.

Have More Questions About Indiana LLCs? Talk to a Local Attorney

If you have any questions, or would simply like an experienced legal professional to review your paperwork, you should get in touch with a local business organizations attorney who will be experienced with forming an LLC in Indiana and can guide you through the process.

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