Indiana Registered Agent

Having a registered agent is mandatory when forming a limited liability company (LLC), corporation, or another registered business type in Indiana. We’ll explain below what a 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.

If you peruse Indiana business resources, you’ll probably encounter the terms “commercial registered agent” and “noncommercial registered agent.” These two titles might sound complicated, but they’re actually pretty similar; both types accomplish the same tasks, and they both fulfill the state’s statutory requirement. But a commercial registered agent is an agent who offers their expertise as a paid service and has registered with the state. In contrast, a noncommercial registered agent is privately appointed.

In this guide, we’ll typically use the term “registered agent” to refer to both of these roles unless we need to make a distinction between them.

What does an Indiana registered agent do?

Indiana law requires that all business entities maintain a registered agent along with a registered office within the state. This position is necessary because it ensures that the correct people within a business 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?

The Indiana Code 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. The registered agent must be present at the registered office during all normal business hours so that they can receive service of process in person.

Can I be my own registered agent in Indiana?

You can serve as your own agent as long as you’re a resident of the state and are generally available during business hours.

Benefits of Using Indiana Registered Agent Services

Technically you can serve as your own registered agent, but it’s not a great fit for everyone. Hiring a registered agent service instead offers some advantageous benefits. These services specialize in receiving and relaying official paperwork, helping ensure nothing is lost. They give you peace of mind to go work around town and travel without worrying about your legal mail. Many services also offer extra perks like digital access to your critical documents, compliance reminders, and more.

Also, a professional registered agent company can help protect you from potential embarrassment. If you’re acting as your own agent, you’ll have to accept service of process yourself, which means whomever you’re with at the time — maybe a client or business partner — will know you’re facing a lawsuit. But if you use an agent service, the process server will go to the registered agent’s address. Your agent will handle these notifications privately, discreetly, and promptly.

How much does it cost for a registered agent in Indiana?

The cost of a registered agent in Indiana will vary based on whether you choose an individual or a professional service. If you opt to be your own registered agent or designate someone you know, the costs can be minimal, primarily associated with the potential need to maintain a physical street address or office space during business hours. For many small business owners, being their own agent requires no out-of-pocket cost but requires time and attention instead. 

Alternatively, professional registered agent services come with a fee. These fees can range from $100 to a few hundred dollars annually, depending largely on the level of services offered. While using a professional service might seem like an added expense, the benefits they provide — like helping ensure compliance, protecting your professional image, and offering added peace of mind — often justify the cost for many businesses.

Cost of Changing Registered Agents

To change your registered agent in Indiana, you’ll need to file the “Statement of Change of Registered Agent” with the Secretary of State. This form has no filing fee.

How to Change a Registered Agent in Indiana

Changing your registered agent in Indiana requires some administrative effort to ensure the state records are up to date and your business remains compliant. To begin, it’s vital to first determine who your new registered agent will be. If you’re considering transitioning to a professional service or selecting another individual, ensure you obtain their consent and verify that they meet Indiana’s requirements for registered agents.

Once you’ve got your registered agent lined up, it’s time to file the paperwork. If you’d like you can file online through INBiz, or you can file a paper form and mail it in instead. Either way, you’ll need to complete the “Statement of Change of Registered Agent.” Please make sure you don’t accidentally grab the “Registered Agent Statement of Change by Noncommercial Registered Agent” or the “Registered Agent Statement of Change by Noncommercial Registered Agent” form; those are for different purposes.

No matter how you file the form, you’ll be asked to provide some basic information about your business, your registered agent, and the new agent you’re appointing. There’s no filing fee for this form.

Change of Registered Agent Requirements

When changing a registered agent, the new agent must meet the same requirements: be an Indiana resident or a business authorized to conduct business in Indiana, have a physical street address in the state, and be available during business hours.

Indiana Secretary of State Contact Information

Resignation of Indiana Registered Agent

If a registered agent needs to resign, they have to file the “Statement of Resignation of Registered Agent” form with the Indiana Secretary of State and notify the business that they’re resigning. The agent remains on file for 31 days after resignation unless a replacement is appointed sooner.

Steps to Remove a Registered Agent

1. Notify your business: Inform the business of your intent to resign. Telling the business in advance isn’t technically required by law (you must notify them immediately after filing your resignation paperwork), but it’s recommended. Not only is this a professional courtesy, but it also helps streamline the resignation process by letting the business know it’s time to appoint a replacement.
2. Submit your resignation: Complete the “Statement of Resignation of Registered Agent” form and deliver it to the Secretary of State online or by mail. There’s no filing fee. If you haven’t already, send written notice to the business, telling them the date that you filed the resignation paperwork.
3. Hand off your responsibilities: Help your business transition to a new registered agent to avoid penalties. A valid registered agent is crucial to maintaining the company’s good standing.