Register a Foreign LLC in Indiana

What is a Foreign Indiana LLC?

In general, a Foreign LLC is a limited liability company that’s formed in one state and conducts business in another. In this case, if you’ve already formed an LLC in another state and plan to do business here, you must register as a Foreign LLC in Indiana.

We can take care of this for you. Or, if you’d rather register your Foreign LLC yourself, just follow our guide below.

D.I.Y. Guide to Registering a Foreign LLC in Indiana

Here’s everything you need to know about registering a Foreign LLC in Indiana, in 3 steps:

1. Get a Registered Agent

The Indiana Secretary of State requires all registered businesses to have an Indiana Registered Agent. Who you choose to be your registered agent is important, because this person or entity is responsible for receiving legal notices on behalf of your business, then delivering them to you in a timely fashion. Your registered agent must also be physically located in Indiana during regular business hours.

It’s a tall order for most. The good news for you is that you’ve already found the most affordable service in Indiana! We charge a flat rate of $49 a year for professional registered agent service.

2. Obtain a Certificate of Good Standing

You’ll need to provide proof that your company is caught up on all fees and filings in your home state before you can register here in Indiana. This means obtaining a document from your home state called a Certificate of Good Standing, or what some states call a Certificate of Existence. You can get this document from the state office where you filed your LLC formation documents (usually the Secretary of State). The cost can vary state to state, but is usually somewhere between $0 – $50.

3. Submit a Foreign Registration Statement

Ultimately, you’ll need to file what’s known as a Foreign Registration Statement. (If you plan to submit this form via regular mail, you can download a fillable PDF from this Business Forms page.) This registration includes 4 sections, known as articles:

Article I – NAME OF ENTITY

• Legal name of your LLC
• Alternate name for your LLC, if applicable (see our FAQ section)

Article II – ENTITY INFORMATION

• Type of entity (in this case: Limited Liability Company)
• Indication of whether the LLC is managed by managers or members, or is a single-member LLC
• Jurisdiction of formation
• Date of formation

Article III – STREET ADDRESS

• Address of your LLC in your home state (cannot be a P.O. Box)

Article IV – REGISTERED AGENT INFORMATION

• Name of registered agent (and indicate whether your registered agent is a commercial RA—like us—or a noncommercial RA)
• Address of registered agent (cannot be a P.O. Box, unless you also provide a Rural Route number)
• Email address of registered agent (optional)
• Consent of your registered agent (you only have to check a box for this)
• Date and signature from an authorized person

You’ll also be asked to include a cover letter with your business name and email address. This information will not be made public. The state charges a $125 filing fee for traditional LLCs, or $250 if you’re filing on behalf of a Master LLC (otherwise known as a Series LLC).

Frequently Asked Questions: Indiana Foreign LLC

• Am I required to register a Foreign LLC in Indiana if I want to do business there?
• What does “conducting business” mean in Indiana?
• What if my business name is already taken in Indiana?
• Can you get a Certificate of Good Standing for me?
• Where do I send my Indiana Foreign Registration Statement?
• Does my Foreign LLC have to pay taxes in Indiana?

Am I required to register a Foreign LLC in Indiana if I want to do business there?

If you already own an LLC in another state and plan to branch out into Indiana, there’s a good chance you’ll need to register as a foreign business here. However, if your business has one isolated transaction somewhere in Indiana, it probably won’t require you to go through the process of registering as an Indiana Foreign LLC. It all comes down to the phrase “conducting business.”

What does “conducting business” mean in Indiana?

This is a vague legal term that generally refers to financial transactions. If your company manufactures goods, makes sales, or owns an office space with employees in Indiana, you’re probably considered to be doing business there. The Indiana Secretary of State defines the following transactions as “conducting business”:

• Having sales of goods or services
• Providing services or labor
• Performing construction work
• Having employees working in the state
• Owning or rending real property
• Owning warehouses in Indiana that ship to customers in the state

Additionally, the state statute IN Code § 23-0.5-5-5 lists several activities that are NOT considered “conducting business” in Indiana, including:

• Engaging in legal actions or proceedings
• Holding a business meeting
• Opening a bank account
• Maintaining offices for the transfer, exchange, and registration of securities
• Selling through independent contractors
• Soliciting or obtaining orders
• Making loans or acquiring mortgages
• Securing or collecting debts, or enforcing mortgages
• Conducting an isolated transaction complete within 30 days
• Owning property
• Conducting interstate commerce

This list is not exhaustive. If you’re unsure of where your business stands, it might be a good idea to consult a legal or tax professional to make sure you know how to proceed.

What if my business name is already taken in Indiana?

If the name of your LLC is already being used by a business entity registered in Indiana, you’ll have to use an alternative name, or what Indiana calls an Assumed Name. (In some states, this is referred to as a DBA name.) To secure an Assumed Name for your LLC, you’ll have to complete a Certificate of Assumed Business Name form and pay the state’s $30 filing fee.

Can you get a Certificate of Good Standing for me?

Yes! When we register your Foreign LLC in Indiana, our process includes getting a Certificate of Good Standing from your home state. We only charge the state’s fee for this extra service.

Where do I send my Indiana Foreign Registration Statement?

You can file online, via mail, or in person. Here’s how:

Online: INBiz

Via Mail or In Person:
Secretary of State
Business Services Division
302 West Washington Street, Room E018
Indianapolis, IN 46204

Does my Foreign LLC have to pay taxes in Indiana?

Yes. Any business conducted in Indiana is subject to state taxes.