How to Get a Registered Agent in Indiana

Companies that operate in Indiana must have a registered agent. This agent represents the business and takes responsibility for processing essential documents on the company’s behalf.

This article explores a registered agent’s responsibilities, the benefits of working with one, and how to elect a registered agent in Indiana.

Key Takeaways

• Any individual, owner, or employee of a business can be a registered agent, but a company can not be its own registered agent in Indiana.

• Failure to elect a registered agent or report a change in registered agent may result in harsh penalties from the state government.

• An Indiana third-party registered agent service gives business owners more time to focus on their business and peace of mind regarding state compliance.

What Is a Registered Agent?

According to the Indiana.gov website:

“An entity’s registered agent is an individual or business that is responsible for receiving important legal and tax documents on behalf of the business, including service of process, notice or demand required or permitted by law.”

An Indiana LLC can also use a registered agent to process legal documents. As such, an Indiana registered agent is the point of contact between your business and the state. Plus, having a registered agent ensures business owners stay in good standing with the state.

Registered Agent Responsibilities

A registered agent is responsible for several duties. Primarily, these duties involve receiving, processing, and forwarding essential documents, including the following:

• Legal notices 

• Corporate filings

• Annual reports

To complete these duties, your registered agent must have an office placed on the public record with the Indiana Secretary of State’s Business Services Division.

That office must be open during regular business hours. Typically, these hours are 8 am to 5 pm on weekdays.

Choosing Your Indiana Registered Agent

Both individuals and entities, such as third-party companies, can be registered agents. However, the agent must meet specific requirements. There are also rules regarding your ability to act as your own agent.

Indiana Registered Agent Requirements

Whether your limited liability company (LLC) appoints an individual or company to act as your registered agent, that entity must meet specific requirements:

• Be a resident of Indiana

• Have a registered office they’re willing to place on the public record

• Maintain regular office opening hours to ensure they receive crucial documents

• Have a street address, not a P.O. box, for use as a registered office

Your Indiana business must name its registered agent in its formation documents and pay state fees to the Indiana Secretary of State’s Business Services Division. This article covers the specifics of these documents and the costs below.

Failure to maintain an LLC registered agent can have dire consequences for your company. The state will usually remove your business from good standing, which leads to several restrictions:

• Your company can’t file lawsuits in Indiana

• You won’t be able to expand into other states

• You lose access to business financing

In many cases, falling out of good standing also means your company risks losing its right to use its name in the state. Even if you register an agent later, you may have to change your name because another company took it.

Can I Be My Own Registered Agent in Indiana?

Many states allow businesses to serve as their own registered agent. In practice, this usually means that the business owner makes their office address a matter of public record. They may assign themselves or somebody who works within the company to act as the agent.

The state of Indiana is a little more complicated. Though you can serve as your own registered agent as a business owner, the business itself can’t serve as its registered agent. For example, a company that offers registered agent services to its clients can’t serve as a registered agent for itself. However, an individual within that company can act as the organization’s registered agent.

The most common benefits of acting as your company’s registered agent include the following:

• Lower costs due to not spending money on a service provider

• Being able to receive confidential documents without any intermediaries

Still, there are several downsides to acting as your own registered agent that may lead to you choosing to work with a third party.

• More privacy concerns when documents get delivered to your address

• Constant notifications and junk mail due to being on the public record

• Extra paperwork, which creates the possibility that essential documents might get lost

• Regular business hours, regardless of the nature of your company

Benefits of a Third-Party Registered Agent

Working with a third-party registered agent service, such as Swyft Filings, takes the work of a registered agent off your plate. These services ensure you stay on top of legal and compliance documents while avoiding the pitfalls of acting as your own agent.

1. Enhance Your Privacy

Your business address gets placed on the public record when you act as your registered agent. That means anybody in the state of Indiana can access it.

This access comes into play when an organization wishes to sue your company. The service of process related to this lawsuit arrives via a law enforcement office directly to your business. Imagine this happening when you’re in a meeting with an important client. The process server will interrupt the meeting and potentially cause embarrassment.

The lack of privacy also extends to marketing materials. Any company can access your address and use it to send junk mail. Sometimes, the volume of marketing materials you receive obscures the essential documents you need to see.

A third-party Indiana registered agent creates a barrier between your company and everybody else. That means you benefit from enhanced privacy in addition to only seeing the documents that need action.

2. Remain in Good Standing

It’s surprisingly easy to fall out of good standing with the state. For example, your company may move and forget to file a change of address. Failing to complete this step will make you fall out of good standing.

These issues of good standing aren’t a problem when you work with a third-party agent. Companies that offer registered agent services tend to maintain the same address, even if your business moves regularly. If the third party changes its address, it has the expertise that ensures it files the appropriate documents to stay in good standing.

3. Have Flexible Business Hours

Maintaining regular business hours may be impossible if you have a fast-paced business. You may have to travel to meet clients or work in an industry that operates primarily at night. Whatever the case, you’re not always available to receive documents.

With a third-party registered agent, you never have to worry about keeping your company open to receive mail. The agent maintains regular business hours for you, ensuring you have complete control over your own business.

4. Gain a Point of Contact

It’s easy to lose sight of the many legal documents you must complete to operate your business. You may not have the expertise required to ensure compliance if you’re a new business owner.

Third-party registered agents serve as your point of contact for many business issues. In addition to processing documents, the best Indiana registered agents advise companies on how to file and what they need to do to stay compliant.

5. Operate in Multiple States

Every state has its own rules when it comes to registered agents. But the common law among all of them is that you need to have an agent.

That creates problems for small businesses that operate in multiple states. It would be best to have a registered agent with a registered office, forcing you to maintain a physical address in every state you do business in

That is unless you work with third-party agents within those states. Your agents provide the physical addresses required, allowing you to structure your business as you see fit without purchasing another office.

How to Set Up Your Indiana Registered Agent

Business owners must consider how they will elect a registered agent. This goes for entrepreneurs setting up their first Indiana LLC as much as it applies to existing businesses.

Here, we explain the processes to follow when electing or changing agents for your business.

Electing an Indiana Registered Agent

The exact processes to follow when electing a registered agent vary depending on the following business types:

• Limited liability company (LLC)

• Corporation

• Nonprofit 

You must file documents with the Indiana Secretary of State and pay state fees in all cases. You can do this online, file by mail, or file in person.

Use the following address when filing in person or by mail:

Secretary of State

Business Services Division

302 West Washington Street, Room E018

Indianapolis, IN 46204

If you file online, you must create an account on the InBiz website.[1] You can search the site for the appropriate forms and submit them via your online account.

Electing a Registered Agent for an Indiana LLC

You must complete the Articles of Organization - Domestic LLC form when registering an agent for an LLC.[2] Enter the agent’s contact information in Article II and submit the form with a $100 filing fee.

Electing a Registered Agent for an Indiana Corporation

The process is slightly different for a corporation. In this case, you must complete the Articles of Incorporation - Domestic Corporation form.[3] You must also pay a $100 fee when submitting this form. Again, the registered agent’s address and other details go into Article II.

Electing a Registered Agent for an Indiana Nonprofit

Nonprofit organizations must complete Article IV of the Articles of Incorporation - Domestic Nonprofit Corporation form.[4]

State fees for this form vary depending on how you submit it. Expect to pay $50 when submitting via mail but only $30 for online filings.

Changing an Indiana Registered Agent

Occasionally, your Indiana LLC may need to change its registered agent. For example, your third-party provider may cease operations, or an independent agent may move out of the state.

In these cases, you must inform the Indiana Secretary of State of a change in your registered agent as soon as possible. You also have to elect a new registered agent, who must provide their consent to work in the role.

Thankfully, changing your Indiana registered agent is a simple process. Complete the Statement of Change of Registered Agent form and submit it online or via mail.[5]

Use the following address when submitting via mail:

Secretary of State

Business Services Division

302 West Washington Street, Room E018

Indianapolis, IN 46204

You can submit the form online using an InBiz account.[1] You don’t have to pay state fees to change your registered agent in Indiana.

FAQs

Who can be an Indiana registered agent?

Any individual aged 18 or over and any business entity can serve as an Indiana registered agent. This assumes the entity meets the state’s requirements. Furthermore, a business may not function as its own registered agent in the state, but the business owner or an employee can.

How much does a registered agent in Indiana cost?

Prices for registered agent services vary depending on the provider. You may pay as little as $50 for a registered agent who receives and forwards mail. Some registered agent services offer advice and compliance guidance, which may cost more.

How can I change my registered agent in Indiana?

You can change a registered agent in Indiana by completing the Statement of Change of Registered Agent form.[5]Submit this form via mail or online using the InBiz website. You don’t have to pay a filing fee when registering a change of agent.

How can I find a registered agent in Indiana?

You can find registered agents, including individuals and third-party services, online using a search engine. 

What is an Indiana registered office?

A registered office is a physical address your registered agent uses to receive documents on behalf of your company. It must also maintain regular business hours. This office can’t be a P.O. box or a mailing system.

What’s the difference between a registered agent and a resident agent or statutory agent?

The term “resident agent” can be a synonym for “registered agent,” meaning both terms can refer to the same thing. However, “resident agent” may also refer to someone authorized to act on behalf of a property despite not owning a property.

“Statutory agent” is simply a synonym for “registered agent.” As such, the terms are interchangeable.

What is a registered agent service?

A registered agent service is a third party that fulfills the registered agent requirements on behalf of the business. Swyft Filings offers a reliable registered agent service that maintains your privacy, provides immediate access to vital documents, and gives you more time to focus on your business.

Bibliography

1. InBiz. “Home - Indiana’s One Stop Source for Your Business.” Accessed December 20, 2022.

2. Indiana Secretary of State. “Articles of Organization - Domestic Limited Liability Company.” Accessed December 20, 2022.

3. Indiana Secretary of State. “Articles of Organization - Domestic Corporation.” Accessed December 20, 2022.

4. Indiana Secretary of State. “Articles of Organization - Domestic Nonprofit Corporation.” Accessed December 20, 2022.

5. Indiana Secretary of State. “Statement of Change of Registered Agent.” Accessed December 20, 2022.