Having a registered agent is mandatory when forming a Limited Liability Company (LLC) in Indiana. We’ll explain below what the registered agent is, their duties, and the requirements to be one.
What is an Indiana Registered Agent?
A registered agent is an individual or company designated by the entity to receive important legal documents and official state notices on behalf of the business.
What does an Indiana Registered Agent do?
Indiana law requires that all business entities maintain a registered agent along with a registered address within the state. This position is necessary because it ensures that the correct people within an LLC are notified in the event of time-sensitive events, such as service of process for lawsuits, garnishment notices against employees, or notifications of taxes.
Who can be a Registered Agent in Indiana?
Indiana Code Section 23-0.5-4-3 states that a registered agent in Indiana may be:
- An individual resident of Indiana
- A general partnership (two or more individuals)
- A domestic entity in the state
- A registered foreign entity permitted to do business in the state
The registered agent must provide written consent to the Secretary of State in order to fully comply with the legal statutes. Also, the registered agent cannot be the business entity itself. The business address of the registered agent must be identical to the office address. A Post Office box number is not sufficient unless a rural route number is part of the address.
Can I be my own Registered Agent in Indiana?
You can serve as your own agent, as long as you are a resident of the state and are generally available during business hours.
Should you be your own Indiana Registered Agent?
Many business owners prefer not to shoulder the responsibility of being a registered agent. There are several reasons to consider hiring a service to act as a registered agent instead, such as:
- Availability – A registered agent needs to generally be available at the principal address during normal business hours. This could prevent you running errands, visiting clients, going on vacation, etc.
- Compliance Reminders – Some registered agent services provide reminders on the state requirements, such as regular report filings. Remembering these things keeps you in compliance with the state of Indiana.
- Penalties and Fees – By not continuously maintaining a current registered agent, the LLC may be responsible for penalties and fines, in addition to the potential for administrative dissolution.
- Avoiding Embarrassment – If you serve as your own registered agent and a lawsuit is filed against the business, you could have papers served to you in your office in front of customers. Obviously, that could be bad for business.