CHAPTER 4. REGISTRATION
IC 27-16-4
Chapter 4. Registration
IC 27-16-4-1
Registration requirements
Sec. 1. (a) A person shall not:
(1) provide professional employer services;
(2) advertise that the person:
(A) is a professional employer organization; or
(B) provides professional employer services; or
(3) otherwise hold the person out as a professional employerorganization;
in Indiana unless the person is registered under this article.
(b) The registration requirement specified in subsection (a)applies to a person that performs any of the activities specified insubsection (a) regardless of the person's use of any of the followingterms:
(1) Professional employer organization.
(2) PEO.
(3) Staff leasing company.
(4) Registered staff leasing company.
(5) Employee leasing company.
(6) Administrative employer.
(7) Any other name.
As added by P.L.245-2005, SEC.7.
IC 27-16-4-2
Application
Sec. 2. An applicant for registration under this article shall filewith the department the following information:
(1) The name or names under which the applicant conductsbusiness.
(2) The address of the principal place of business of theapplicant and the address of each office the applicant maintainsin Indiana.
(3) The applicant's taxpayer or employer identification number.
(4) A list by jurisdiction of each name under which theapplicant has operated in the preceding five (5) years, includingany alternative names, names of predecessors, and, if known,successor business entities.
(5) A statement of ownership that includes the name andevidence of the business experience of any person that,individually or acting in concert with one (1) or more otherpersons, owns or controls, directly or indirectly, twenty-fivepercent (25%) or more of the equity interests of the applicant.
(6) A statement of management that includes the name andevidence of the business experience of any individual whoserves as president, chief executive officer, or otherwise has theauthority to act as senior executive officer of the applicant.
(7) A financial statement: (A) setting forth the financial condition of the applicant asof a date not earlier than one hundred eighty (180) daysbefore the date the financial statement is submitted to thedepartment;
(B) prepared in accordance with generally acceptedaccounting principles; and
(C) reviewed by an independent certified public accountantlicensed to practice in the jurisdiction in which theaccountant is located.
As added by P.L.245-2005, SEC.7.
IC 27-16-4-3
Registration deadline
Sec. 3. (a) A PEO that is operating in Indiana on January 1, 2006,shall complete the PEO's initial registration not later than July 1,2006.
(b) An initial registration under subsection (a) is valid until theend of the PEO's first fiscal year end that occurs after December 31,2006.
(c) A PEO that is not operating in Indiana on December 31, 2005,shall complete the PEO's initial registration before commencementof operations in Indiana.
As added by P.L.245-2005, SEC.7.
IC 27-16-4-4
Renewal deadline
Sec. 4. A PEO shall, not more than one hundred eighty (180) daysafter the end of the PEO's fiscal year, renew the PEO's registration byfiling a statement notifying the department of any changes in theinformation provided in the PEO's most recent registration orrenewal.
As added by P.L.245-2005, SEC.7.
IC 27-16-4-5
Satisfaction of requirements
Sec. 5. A PEO group may satisfy the reporting and financialrequirements of this chapter on a combined or consolidated basis ifeach member of the PEO group guarantees the obligations under thisarticle of each other member of the PEO group.
As added by P.L.245-2005, SEC.7.
IC 27-16-4-6
Limited registration for foreign PEOs
Sec. 6. (a) A PEO that is not domiciled in Indiana is eligible fora limited registration under this article if the PEO:
(1) submits a properly executed request for limited registrationon a form prescribed by the department;
(2) is licensed or registered as a professional employerorganization in another state that has licensure or registrationrequirements that are: (A) substantially the same as; or
(B) more restrictive than;
the requirements of this article;
(3) does not:
(A) maintain an office; or
(B) directly solicit clients located or domiciled;
in Indiana; and
(4) does not have more than fifty (50) covered employees whoare employed or domiciled in Indiana on any day.
(b) A limited registration is valid for one (1) year and may berenewed.
(c) A PEO that seeks limited registration under this section shallprovide to the department information and documentation necessaryto show that the PEO qualifies for a limited registration.
(d) IC 27-16-6-1(a)(1) does not apply to a PEO that applies forlimited registration under this section.
As added by P.L.245-2005, SEC.7.
IC 27-16-4-7
Rules
Sec. 7. The department shall adopt rules under IC 4-22-2 toprovide for registration of a PEO without compliance with thischapter and IC 27-16-6 by the commissioner's acceptance of anaffidavit or a certification:
(1) provided by a bonded, independent, and qualified assuranceorganization that has been approved by the commissioner; and
(2) that certifies the qualifications of a professional employerorganization.
As added by P.L.245-2005, SEC.7.
IC 27-16-4-8
List of registered PEOs
Sec. 8. The department shall maintain a list of PEOs that areregistered under this article.
As added by P.L.245-2005, SEC.7.
IC 27-16-4-9
Forms
Sec. 9. The department may prescribe forms necessary to promotethe efficient administration of this chapter.
As added by P.L.245-2005, SEC.7.
IC 27-16-4-10
Confidentiality of records
Sec. 10. All records, reports, and other information obtained froma PEO under this chapter, except to the extent necessary for theproper administration of this chapter by the department, areconfidential.
As added by P.L.245-2005, SEC.7.