Summary
The fact that you may need to register with state agencies like Indiana Secretary of State is a sneaky misconception that many folks miss.
However, with the rise of remote work, states have begun cracking down and levying penalties for those who (unknowingly) fail to register.
If you're considering operating in Indiana, use this guide to:
- Explore the that triggers the need to register with the Indiana Secretary of State, including criteria such as physical presence, economic activity, and advertising efforts.
- Determine where and how to register with the Indiana Secretary of State.
- Understand additional requirements such as Registered Agents, registration with other state departments, and ongoing annual reports.
What criteria would trigger the requirement to register with the Indiana Secretary of State?
Activities Considered "Doing Business" in Indiana:
- Physical Presence: Having an office, store, warehouse, or other physical location within Indiana.
- Employees in Indiana: Hiring and maintaining a workforce residing and working in the state.
- Regular Business Activity: Consistently conducting sales, providing services, or engaging in other income-generating activities within Indiana.
- Income Derived from Indiana: Earning a significant portion of your revenue from customers or clients located in Indiana.
Activities that Indiana Might NOT Consider "Doing Business":
- Isolated Transactions: Conducting a single sale or project in the state without an ongoing pattern of activity.
- Solicitation: Simply soliciting orders for goods or services without fulfilling or finalizing contracts within Indiana.
- Maintaining Bank Accounts: Having a bank account in Indiana or holding financial assets in the state.
- Internal Meetings: Holding board meetings or shareholder meetings within Indiana.
Where do I register, and what else is required?
- A Certificate of Good Standing or Certificate of Incorporation is required
In addition:
A Registered Agent is required to serve as the company's physical in-state presence to receive important legal documents. Do not fall victim to the common misconception that you can leverage an in-state employee as your Registered Agent. It's far too risky.
You'll want to review the other registrations required in Indiana. Here's a Indiana specific guide we put together.
What is the registration fee?
The fee charged by Indiana is $107.
How long does Indiana usually take to process?
Indiana usually takes approximately Less than 1 week to process registrations.
What is required ongoing?
Each state has a complex schedule of required annual reports, which can vary by entity type. Let's take a look at Indiana's:
C-Corporation
- Filing Date: By the end of the registration anniversary month
- Filing Frequency: Biennial
LLC
- Filing Date: By the end of the registration anniversary month
- Filing Frequency: Biennial
Non-Profit
- Filing Date: By the end of the registration anniversary month
- Filing Frequency: Biennial
There is an Easier Way
Automate registration and annual report tracking in AbstractOps.This guide should definitely help reduce some of the confusion for Indiana. However, if you have multiple states to worry about, you may look to:
Automate state registrations and annual reports
Centralize email, snail mail, state ID’s, and registered agents, and
Take control of action items, eliminating risks before they become penalties.
Start the AbstractOps product demo to see how easy this can be.
Note: For the avoidance of doubt, nothing provided here shall contemplate, constitute or include tax or legal advice. Always double check with state agency websites for the most up-to-date requirements.
