Indiana Keeps Registered Agents on Their Toes: Noteworthy Changes in Contact Details, Post Effective Date & Nonprofit Entity Reports

Significant changes regarding Registered Agent form requirements in Indiana cropped up effective July 1, 2014, continue in 2015 and are on the roster for 2016.

Effective July 1, 2014 Registered Agents must

  • maintain the contact information for each entity that they represent (include the name of the person, business address and phone number);
  • ensure the contact is either a natural person who is a director, officer, employee or designated agent;
  • either consent in writing or by marking the consent box on the newer forms updated by the state which represents that the registered agent has consented to their appointment as agent for serviceĀ of process.

Click or paste this link for the updated statute:

Effective July 1, 2015
At this time we (Registered Agents) can submit filings to the SOS with a post effective date. Once the filing has been submitted we cannot take it back. This upcoming change would allow us to withdraw the filing before the post effective date. The amendment is as follows:

Sections 5, 67 and 77: Post Effective Date

This section will clarify the ability to remove a filing from the record that has a post effective date. Filing acts currently allow a post effective filing time and date to be specified. The amendment will clarify that if a filing has a post effective time and date, the filing may be withdrawn from the record if the filer decides not go forward with a particular filing. The amendment would require notice to the Secretary of State that the filing will not go into effect.

Effective July 1, 2016
This amendment will change nonprofit annual business entity reports to biennial reports. The amendment is as follows:

Nonprofit Entity Reports

Nonprofits currently pay entity reports on an annual basis, but all other entity types that owe reports are on a biennial cycle. This will change the reporting cycle for nonprofits from annually to biennially. The Business Law Survey Commission does not know why nonprofits were excluded from the biennial process. Having a separate process for one entity type is cumbersome and confusing. The fees will not be reduced as nonprofit entities will pay the current annual fee for two years on a biennial basis.

Many thanks to Susan Jones of CLAS Information Services, Shari Obermeyer of Central Indiana Paralegal & Jeff A. Sipe of National Service Information for keeping us updated.

One thought on “Indiana Keeps Registered Agents on Their Toes: Noteworthy Changes in Contact Details, Post Effective Date & Nonprofit Entity Reports

  1. Seems like the new statute seems to be taking a stab at corporate transparency and accountability. Wyoming has similar statutes, but there registered agents can actually be assessed fines if they don’t actively maintain a contact. After talking with someone at the Indiana Secretary of State’s office, it is clear that Indiana relies on the trust system, as there are no penalties or systems in place to check whether or not registered agents actually maintain the contact information.

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