in-20250618-IR-075250155FRA: DIGEST BUSINESS ENTITY FILINGS RULE

Final Rule LSA Document #25-155 DIGEST Sec. 1. The definitions in this rule and IC 23-0.5-1.5 apply throughout this article, unless the context clearly indicates otherwise. Sec. 1. (a) Entity filings submitted electronically must be submitted through the secretary of state's website. Applicants must log in to the secretary of state's website through the Indiana office of technology's Access Indiana platform. (b) To protect the integrity of the electronic filing registry, the secretary of state may restrict a person or an account from submitting online filings if the secretary of state has identified any of the following: (c) A person restricted from filing online under subsection (b) may deliver filings to the secretary of state in person or by mail. Sec. 2. (a) To enable the secretary of state to determine proper licensure or qualification of a professional corporation or its shareholders under IC 23-1.5-2-9.1, a professional corporation shall provide to the secretary of state the following information for at least one (1) shareholder licensed to render professional services described in IC 23-1.5-2-3 when filing articles of incorporation, a foreign registration statement, or a biennial report: (b) The secretary of state may compare the information collected in subsection (a) to the records kept by a state agency issuing professional licenses, such as the Indiana professional licensing agency, or for an attorney professional corporation, the office of judicial administration, to determine if the shareholder holds an active license of the type that applies in Indiana. (c) The information collected under subsection (a) may not be made part of the public filing history. Sec. 3. A filing that provides principal office address information must comply with IC 23-0.5-1.5-29. Filings the secretary of state may refuse to file for noncompliant principal office address information include the following: Sec. 4. A filing that provides registered agent information must comply with IC 23-0.5-4. Filings the secretary of state may refuse to file for noncompliant registered agent information include the following: Sec. 5. A filing that provides governing person information must comply with IC 23-0.5-1.5-15. Filings the secretary of state may refuse to file for noncompliant governing person information include the following: Sec. 6. (a) A filing that provides a certificate of existence, or an equivalent document, may be refused by the secretary of state if the certificate or document is any of the following: (b) A foreign entity must include a certificate of existence or similar document from its jurisdiction of formation when filling the following: Sec. 7. The secretary of state may refuse a filing if an entity is not in an active status. Sec. 1. For the electronic filing of articles of incorporation, the secretary of state shall collect twenty dollars ($20) for the enhanced access fund established by IC 4-5-10-5. If the articles of incorporation form a nonprofit corporation, the secretary of state shall collect only ten dollars ($10) for the enhanced access fund established by IC 4-5-10-5. Sec. 2. For the electronic filing of registration of a domestic limited liability partnership, the secretary of state shall collect twenty dollars ($20) for the enhanced access fund established by IC 4-5-10-5. Sec. 3. For the electronic filing of a certificate of limited partnership, the secretary of state shall collect twenty dollars ($20) for the enhanced access fund established by IC 4-5-10-5. Sec. 4. For the electronic filing of articles of organization, the secretary of state shall collect twenty dollars ($20) for the enhanced access fund established by IC 4-5-10-5. If the articles of organization form a domestic master limited liability company, the secretary of state shall collect only fifteen dollars ($15) for the enhanced access fund established by IC 4-5-10-5. Sec. 5. For the electronic filing of articles of designation, the secretary of state shall collect five dollars ($5) for the enhanced access fund established by IC 4-5-10-5. Sec. 6. For the electronic filing of a foreign registration statement, the secretary of state shall collect thirty dollars ($30) for the enhanced access fund established by IC 4-5-10-5 except as follows: Sec. 7. For the electronic filing of a commercial registered agent statement of change, the secretary of state shall collect one dollar ($1) for the enhanced access fund established by IC 4-5-10-5. Sec. 8. For the electronic filing of a registered agent or office statement of change, the secretary of state shall collect one dollar ($1) for the enhanced access fund established by IC 4-5-10-5. Sec. 9. For the electronic filing of a registered agent statement of resignation, the secretary of state shall collect one dollar ($1) for the enhanced access fund established by IC 4-5-10-5. Sec. 10. For the electronic filing of a biennial report, the secretary of state shall collect eleven dollars ($11) for the enhanced access fund established by IC 4-5-10-5. If the biennial report is filed for a business trust, the secretary of state shall collect only one dollar ($1) for the enhanced access fund established by IC 4-5-10-5. Sec. 11. For the electronic filing of a cancellation of name reservation, the secretary of state shall collect one dollar ($1) for the enhanced access fund established by IC 4-5-10-5. Sec. 12. For the electronic filing of an assumed name cancellation, the secretary of state shall collect one dollar ($1) for the enhanced access fund established by IC 4-5-10-5. Sec. 13. For the electronic filing of an application for reinstatement, the secretary of state shall collect eleven dollars ($11) for the enhanced access fund established by IC 4-5-10-5. Sec. 14. For the electronic filing of a change of governing person, the secretary of state shall collect one dollar ($1) for the enhanced access fund established by IC 4-5-10-5. Sec. 15. For the electronic filing of a change of principal office address, the secretary of state shall collect one dollar ($1) for the enhanced access fund established by IC 4-5-10-5. Sec. 16. For the electronic order of a change of business contact email, the secretary of state shall collect one dollar ($1) for the enhanced access fund established by IC 4-5-10-5. Sec. 17. For the electronic order of a certificate of existence, the secretary of state shall collect eleven dollars ($11) for the enhanced access fund established by IC 4-5-10-5. Sec. 18. For the electronic order of a monthly listing of new businesses, the secretary of state shall collect thirty-five dollars ($35) for the enhanced access fund established by IC 4-5-10-5. Sec. 19. For the electronic order of a bulk download with monthly updates, the secretary of state shall collect nine thousand five hundred dollars ($9,500) for the enhanced access fund established by IC 4-5-10-5. Sec. 20. For the electronic order of a bulk data monthly update, the secretary of state shall collect ($500) for the enhanced access fund established by IC 4-5-10-5. Sec. 21. For the electronic order of a one (1) time bulk download, the secretary of state shall collect eight thousand dollars ($8,000) for the enhanced access fund established by IC 4-5-10-5.