IC 23-15
    ARTICLE 15. MISCELLANEOUS PROVISIONS

IC 23-15-1
    Chapter 1. Assumed Business Names

IC 23-15-1-1
Filing of certificate of assumed name; record; applicability tocorporations; fees
    Sec. 1. (a) Except as otherwise provided in section 2 of thischapter, a person or general partnership conducting or transactingbusiness in Indiana under a name, designation, or title other than thereal name of the person or general partnership conducting ortransacting the business shall file for record, in the office of therecorder of each county in which a place of business or an office ofthe person or general partnership is situated, a certificate stating theassumed name or names to be used and the full name and address ofthe person or general partnership engaged in or transacting business.
    (b) The recorder shall keep a record of the certificates filed underthis section and shall keep an index of the certificates showing, inalphabetical order, the names of the persons and general partnershipshaving certificates on file in the recorder's office, and the assumedname or names which they intend to use in carrying on theirbusinesses as shown by the certificates.
    (c) Before the dissolution of any business for which a certificateis on file with the recorder, the person or general partnership towhich the certificate appertains shall file a notice of dissolution forrecord in the recorder's office.
    (d) The county recorder shall charge a fee in accordance withIC 36-2-7-10 for each certificate, notice of dissolution, and notice ofdiscontinuance of use filed with the recorder's office and recordedunder this chapter. The funds received shall be receipted as countyfunds the same as other money received by the recorders.
    (e) Except as provided in section 2 of this chapter:
        (1) a corporation conducting business in Indiana under a name,designation, or title other than the name of the corporation asshown by its articles of incorporation;
        (2) a foreign corporation conducting business in Indiana undera name, designation, or title other than the name of the foreigncorporation as shown by its application for a certificate ofauthority to transact business in Indiana;
        (3) a limited partnership conducting business in Indiana undera name, designation, or title other than the name of the limitedpartnership as shown by its certificate of limited partnership;
        (4) a foreign limited partnership conducting business in Indianaunder a name, designation, or title other than the name of thelimited partnership as shown by its application for registration;
        (5) a limited liability company conducting business in Indianaunder a name, designation, or title other than as shown by itsarticles of organization;        (6) a foreign limited liability company conducting business inIndiana under a name, designation, or title other than the nameof the limited liability company as shown by its application forregistration;
        (7) a limited liability partnership conducting business in Indianaunder a name, designation, or title other than the name of thelimited liability partnership as shown by its application forregistration; and
        (8) a foreign limited liability partnership conducting business inIndiana under a name, designation, or title other than the nameof the limited liability partnership as shown by its applicationfor registration;
shall file with the secretary of state a certificate stating the assumedname or names to be used and the full name and address of thecorporation's, limited partnership's, limited liability company's, orlimited liability partnership's, foreign or domestic, principal office inIndiana.
    (f) A person, general partnership, corporation, limited partnership,limited liability company, or limited liability partnership, foreign ordomestic, that has filed a certificate of assumed business name ornames under subsection (a) or (e) may file a notice of discontinuanceof use of assumed business name or names with the secretary of stateor with the recorder's office in which the certificate was filed ortransferred. The secretary of state or the recorder shall keep a recordof notices filed under this subsection.
    (g) This subsection applies to a foreign or domestic corporation,limited partnership, limited liability company, or limited liabilitypartnership that, before July 1, 2009:
        (1) filed a certificate stating the assumed name or names to beused in carrying out the entity's business; and
        (2) filed the certificate:
            (A) with the secretary of state; and
            (B) in the recorder's office.
The entity shall file a notice of dissolution or notice ofdiscontinuance of use of the assumed business name or names withthe secretary of state and with the recorder's office in which thecertificate was filed or transferred.
    (h) The secretary of state shall collect the following fees when acopy of a certificate is filed with the secretary of state undersubsection (e):
        (1) A fee of:
            (A) twenty dollars ($20) for an electronic filing; or
            (B) thirty dollars ($30) for a filing other than an electronicfiling;
        from a corporation (other than a nonprofit corporation), limitedliability company, or a limited partnership.
        (2) A fee of:
            (A) ten dollars ($10) for an electronic filing; or
            (B) twenty-six dollars ($26) for a filing other than anelectronic filing;        from a nonprofit corporation.
The secretary of state shall prescribe the electronic means of filingcertificates for purposes of collecting fees under this subsection. Afee collected under this subsection is in addition to any other feecollected by the secretary of state.
(Formerly: Acts 1909, c.151, s.1; Acts 1949, c.61, s.1; Acts 1965,c.241, s.1.) As amended by P.L.34-1987, SEC.393; P.L.146-1988,SEC.1; P.L.231-1989, SEC.1; P.L.226-1989, SEC.20; P.L.75-1990,SEC.12; P.L.8-1993, SEC.327; P.L.96-1993, SEC.3; P.L.230-1995,SEC.18; P.L.277-2001, SEC.11; P.L.106-2008, SEC.50;P.L.133-2009, SEC.40.

IC 23-15-1-2
Exceptions
    Sec. 2. This chapter does not apply to:
        (1) a person doing business under a name, designation, or titlethat includes the true surnames of the person or, if the person isnot an individual, some or all of the true surnames of theindividuals comprising the person; and
        (2) a church, a lodge, or an association the business of which isconducted or transacted by trustees under a written instrumentor declaration of trust that is recorded in the recorder's office ofeach county in which the business is conducted or transacted.
(Formerly: Acts 1909, c.151, s.2; Acts 1965, c.241, s.2.) As amendedby P.L.34-1987, SEC.394; P.L.226-1989, SEC.21.

IC 23-15-1-3
Violation
    Sec. 3. A person, corporation, foreign corporation, limited liabilitycompany, foreign limited liability company, limited partnership, orforeign limited partnership that violates this chapter commits a ClassB infraction.
(Formerly: Acts 1909, c.151, s.3; Acts 1965, c.241, s.3.) As amendedby Acts 1978, P.L.2, SEC.2324; P.L.226-1989, SEC.22; P.L.8-1993,SEC.328.

IC 23-15-1-4
Compliance with former act
    Sec. 4. Compliance with the requirements Acts 1941, c.192, priorto July 8, 1965, shall be deemed compliance with this chapter.
(Formerly: Acts 1965, c.241, s.6.) As amended by P.L.34-1987,SEC.395.

IC 23-15-1-5
"Person" defined
    Sec. 5. As used in this chapter, "person" means an individual,association, or other legal entity. The term does not include a:
        (1) corporation (as defined in IC 23-1-20-5);
        (2) foreign corporation (as defined in IC 23-1-20-11);
        (3) foreign limited partnership (as defined in IC 23-16-1-6);        (4) limited partnership (as defined in IC 23-16-1-9);
        (5) limited liability company (as defined in IC 23-18-1-11); or
        (6) foreign limited liability company (as defined inIC 23-18-1-9).
As added by P.L.226-1989, SEC.23. Amended by P.L.8-1993,SEC.329.