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 LLC amendment. This means that you’ll need to amend your Indiana Articles of Organization. Let’s take a look at what amending your Indiana Articles of Organization means, the process, and how we can help.
Articles of Organization are required by law to establish your Indiana LLC. They lay out several key details of your Limited Liability Company (LLC), such as the name and address of your LLC, whether your LLC exists temporarily or in perpetuity, and whether it’s managed by its members or hired managers. Indiana requires this information to make sure that your LLC is in good standing and to make contact with the LLC’s members if necessary.
Need to form your Indiana LLC first? Take a look at our Indiana LLC formation service to start the process.
As mentioned, the Articles of Organization provide your LLC’s essential information to the state. The state needs this information to ensure that your business stays in good standing. Therefore, your business must keep its Articles of Organization up-to-date.
There are several practical reasons behind this requirement. First, it ensures that the business’s contact information is up-to-date for public use. Second, it ensures that your LLC’s Indiana registered agent has the right information for serving important legal and financial documents. Finally, having updated information in the LLC’s Articles of Organization is important for state compliance requirements and the occasional audit.
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.
So how do you carry out an Indiana LLC amendment if you need to make changes? You’ll need to file Articles of Amendment.
You’ll need to report any changes to the information in your original Articles of Organization. Indiana law requires that the Articles of Organization contain the following:
So if any of these facts have changed, you’ll need to file Articles of Amendment. You’ll file the Articles of Amendment with the Indiana Secretary of State’s Business Services Division.
The Articles of Amendment includes several additional items of information. Specifically, you include the date that your LLC’s Articles of Organization were initially filed and all amendments to the Articles of Organization. You’ll also need to state the exact date that each amendment was enacted. Finally, you’ll need to have an authorized individual sign the Articles of Amendment.
When you complete your Articles of Amendment, it’s best to be as specific as possible about the amendments you’re making to your business.
There are several methods for filing your amendment. You can either drop the form off in person at the Secretary of State’s Business Services Division office, via their online business portal, or via mail.
However, there’s an easier option than going to the office in person or having to register on the state business portal. With our Worry-Free compliance service, we can handle these kinds of filings for you so that you don’t need to stress about it.
Indiana also allows business owners to restate the LLC’s Articles of Organization at any time. Restated Articles of Organization are very similar to Articles of Amendment because they can list amendments to the LLC’s original Articles of Organization. However, Indiana doesn’t offer a Restated Articles of Organization form. Instead, you must make your own form and specifically label it “Restated Articles of Organization.” You may file it online, via mail, or in person.
Because you have to make your own Restated Articles of Organization form, it’s probably better to just use Articles of Amendment to modify your LLC’s Articles of Organization. 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. 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. 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 LLC’s Articles of Organization. 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.
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.
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 LLC 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.
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.
Indiana Business Resources