Discover why amending your Indiana Articles of Organization or Articles of Incorporation is vital for compliance and adaptability. Dive into our guide below for expert insights.
Time changes things. That includes people, places, and businesses. As a result, it’s only natural that you’ll need to make changes to your business at some point. Some of these changes might be very simple things that you can discuss with your business partners. More serious changes might require an Indiana corporation or LLC amendment. This means that you’ll need to amend your Indiana Articles of Incorporation or Articles of Organization. Let’s take a look at what amending your Indiana Articles of Organization or Articles of Incorporation means, the process, and how we can help.
If you need to make changes to an Indiana LLC, we’ll show you how in this section. But if you need to make changes to an Indiana corporation, please keep scrolling to the section titled, “Amending an Indiana Corporation Articles of Incorporation.”
In Indiana, the Articles of Organization is the form that officially creates an LLC. Technically, until you file this form, your LLC doesn’t even exist. This form asks for a variety of information about your business, including:
Generally speaking, if you need to make changes to this information, then you’ll need to file an amendment.
Indiana LLCs use the Articles of Amendment to make changes to their founding documents. This form allows you to make a variety of changes, including your name, the provisions you added, or even converting the LLC into a Master LLC for a series.
But before you dive into the paperwork, you’ll need to gather the information you need to file your paperwork. On your Articles of Amendment, you’ll be asked to provide:
Having all of this information on hand before you start the paperwork will help streamline the process.
Keeping your business compliant with state business regulations helps it maintain its entitlement to all of its legal benefits. When you file your entity as a legal LLC in Indiana, all information included in your filing becomes public knowledge. If your information changes but you don’t update it, the public may not have accurate contact information. Any changes in your registered agent should be reported as well since they are responsible for receiving service of process and other important communications on behalf of your business.
If you don’t carry out an Indiana LLC amendment when it’s required, there are serious consequences. First, the LLC won’t be able to get a Certificate of Existence (commonly called a Certificate of Good Standing) from the State of Indiana. A Certificate of Existence shows that your business is in full compliance with all state requirements and is legally able to operate in Indiana.
If you don’t have a Certificate of Existence, your LLC will have only a limited ability to raise capital and bolster its financial strength. As a result, your LLC may not be able to grow or expand.
Now it’s time to file the paperwork. You can file this form online, by mail, or dropping it off in person to the Secretary of State. If you file online, you’ll need to log into the filing portal. If you’re filing a paper form, download the form from the Secretary of State’s website. Either way, you’ll fill in the form with the information you gathered step 2.
At the time of this writing, there’s a $30 fee for this form. Once your form is processed, your amendment will go into effect.
Need to make changes to an Indiana corporation? We’ll show you how in this section.
In Indiana, the Articles of Incorporation is the essential form for creating a corporation. In fact, your corporation technically doesn’t even exist until you file this form. It asks for a variety of information, including:
Generally, if you need to make changes to this information, you’ll need to file amendment paperwork.
If you’d like to make changes to your corporation’s founding information, you’ll need to file the Articles of Amendment. But before you dive into the paperwork, you’ll want to gather the information necessary to make your desired changes and complete the form. Here’s what you’ll need to complete the amendment:
Having this information on hand will help streamline your paperwork step.
Now it’s time to file your paperwork. Indiana allows you to file your Articles of Amendment online, by mail, or dropping the form off in person at the Secretary of State’s office. If you’re filing online, you’ll need to log into the state’s online portal. If you’re filing by mail, you’ll need to download the form from the Secretary of State’s website. Either way, you’ll need to fill in the form with the information you gathered during step 2.
At the time of this writing, there’s a $30 fee for this filing. Once the form is processed, your amendment will go into effect.
Indiana also allows business owners to restate the LLC’s Articles of Organization or corporation’s Articles of Incorporation at any time. Restated Articles are very similar to Articles of Amendment because they can list amendments to the company’s original formation documents. However, Indiana doesn’t offer a Restated Articles of Organization or Restated Articles of Incorporation form. Instead, you must make your own form and specifically label it “Restated Articles of Organization/Incorporation.” You may file it online, via mail, or in person.
Because you have to make your own Restated Articles form, it’s probably better to just use Articles of Amendment to modify your LLC’s Articles of Organization or corporation’s Articles of Incorporation. However, rather than having to navigate Indiana’s business paperwork requirements yourself, our Worry-Free Compliance service can help you sail smoothly to success.
There’s one other form that’s similar to Indiana Articles of Amendment: the Articles of Correction. You can use Articles of Correction to correct any kind of erroneous document or information, including the Articles of Organization or Articles of Incorporation. Also, all kinds of business entities — including LLCs, corporations, nonprofit corporations, and partnerships — can use Articles of Correction.
Because businesses change and evolve over time, it’s not a question of if you’ll need to amend your Articles of Organization or Articles of Incorporation. It’s a matter of when.
Fortunately, we are here for you. We offer an amendment service so that you can quickly make the needed changes to your company’s formation documents. We also offer our Worry-Free Compliance service. This service not only sends you alerts when you have important state compliance deadlines coming up, but it also assists you with your annual filings. It even offers you two free annual amendments every year and gives you a detailed plan of action in the unlikely scenario you fall out of good standing with Indiana.
Looking for something else? Check out a full list of our formation and compliance services.
FAQ
No. You only need to have an authorized individual sign the form. This could be almost anyone, including a member, manager, and registered agent. However, if you have any legal questions while filling out the form, you may want to consult an attorney.
You can report many kinds of changes, including changes to the business’s name, address, registered agent, and membership structure. You can also change whether your business expires on a certain date or exists in perpetuity.
No. Annual reports are forms that you must submit every year regardless of whether you make any changes to your LLC’s Articles of Organization or your corporation’s Articles of Incorporation.
It depends. The form itself is only a couple of pages, but it may take longer to complete based on the changes that you want to make. If you file by mail, it will take several days for the Secretary of State’s office to receive the Articles of Amendment. If you file online, the process happens more quickly.
If you file online, you’ll receive a confirmation after you file the Articles of Amendment. To learn more about what confirmation you’ll receive if you file by mail, contact the Indiana Secretary of State’s Business Services Division at (317) 234-9768.
Disclaimer: The content on this page is for information purposes only and does not constitute legal, tax, or accounting advice. If you have specific questions about any of these topics, seek the counsel of a licensed professional.
Written by Team ZenBusiness
ZenBusiness has helped people start, run, and grow over 700,000 dream companies. The editorial team at ZenBusiness has over 20 years of collective small business publishing experience and is composed of business formation experts who are dedicated to empowering and educating entrepreneurs about owning a company.
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