CHAPTER 53. REPORTS
IC 23-1-53
Chapter 53. Reports
IC 23-1-53-1
Annual financial statements
Sec. 1. (a) On written request of any shareholder, a corporationshall prepare and mail to the shareholder annual financial statements,which may be consolidated or combined statements of thecorporation and one (1) or more of its subsidiaries, as appropriate,that include a balance sheet as of the end of the fiscal year mostrecently completed, an income statement for that year, and astatement of changes in shareholders' equity for that year unless thatinformation appears elsewhere in the financial statements. Iffinancial statements are prepared for the corporation on the basis ofgenerally accepted accounting principles, the annual financialstatements must also be prepared on that basis.
(b) If the annual financial statements are reported upon by apublic accountant, the public accountant's report must accompanythem. If not, the statements must be accompanied by a statement ofthe president or the person responsible for the corporation'saccounting records:
(1) stating the person's reasonable belief whether the statementswere prepared on the basis of generally accepted accountingprinciples and, if not, describing the basis of preparation; and
(2) describing any respects in which the statements were notprepared on a basis of accounting consistent with the statementsprepared for the preceding year.
As added by P.L.149-1986, SEC.37. Amended by P.L.107-1987,SEC.26.
IC 23-1-53-2
Repealed
(Repealed by P.L.133-2009, SEC.42.)
IC 23-1-53-3
Biennial reports
Sec. 3. (a) Each domestic corporation and each foreigncorporation authorized to transact business in Indiana shall delivera biennial report to the secretary of state for filing that sets forth:
(1) the name of the corporation and the state or country underwhose law it is incorporated;
(2) the address of its registered office and the name of itsregistered agent at that office in Indiana;
(3) the address of its principal office; and
(4) the names and business addresses of its directors, secretary,and the highest executive officer of the corporation.
(b) Information in the biennial report must be current as of thedate the biennial report is executed on behalf of the corporation.
(c) The first biennial report must be delivered to the secretary ofstate in the second year following the calendar year in which a
domestic corporation was incorporated or a foreign corporation wasauthorized to transact business. Except as provided in subsection (d),the biennial report is due during the same month as the month inwhich the corporation was incorporated or authorized to transactbusiness.
(d) If the secretary of state, in cooperation with the department ofstate revenue, allows a domestic corporation to file a biennial reportat the same time the corporation files its adjusted gross income taxreturn under section 4 of this chapter, the biennial report of thecorporation is due when the domestic corporation's adjusted grossincome tax return is due under IC 6-3.
(e) Subsequent biennial reports must be delivered to the secretaryof state every second year following the year in which the lastbiennial report was filed. The secretary of state may accept reportsduring the two (2) months before the month that they are due.
(f) If a biennial report does not contain the information requiredby this section, the secretary of state shall promptly notify thereporting domestic or foreign corporation in writing and return thereport to it for correction. If the report is corrected to contain theinformation required by this section and delivered to the secretary ofstate within thirty (30) days after the effective date of notice, it isdeemed to be timely filed.
As added by P.L.149-1986, SEC.37. Amended by P.L.107-1987,SEC.28; P.L.96-1993, SEC.2; P.L.228-1995, SEC.11; P.L.11-1996,SEC.12.
IC 23-1-53-4
Filing biennial report at same time as adjusted gross income taxreturn
Sec. 4. (a) The secretary of state in cooperation with thedepartment of state revenue may provide for the filing of a biennialreport by a domestic corporation at the same time the domesticcorporation files an adjusted gross income tax return.
(b) As provided in subsection (a), a domestic corporation may filea biennial report with the department of state revenue at the sametime the corporation files an adjusted gross income tax return.However, a domestic corporation retains the option of filing thebiennial report directly with the secretary of state. The biennialreport must in any case meet the requirements of IC 23-1-53-3.
(c) A biennial report filed under this section is delivered to theoffice of the secretary of state for filing for purposes of this articlewhen it is delivered to the department of state revenue.
(d) The department of state revenue shall forward all biennialreports filed under this chapter to the office of the secretary of state.
(e) The department of state revenue in cooperation with the officeof the secretary of state shall prescribe and furnish a form for abiennial report filed under this chapter.
(f) If for any reason a domestic corporation does not file anadjusted gross income tax return, it shall file a biennial report withthe secretary of state at a time prescribed by the office of secretary
of state.
As added by P.L.228-1995, SEC.12.