IC 23-15-1-1 Filing of certificate of assumed name; record; applicability to
corporations; fees
Sec. 1. (a) Except as otherwise provided in section 2 of this
chapter, a person or general partnership conducting or transacting
business in Indiana under a name, designation, or title other than the
real name of the person or general partnership conducting or
transacting the business shall file for record, in the office of the
recorder of each county in which a place of business or an office of
the person or general partnership is situated, a certificate stating the
assumed name or names to be used and the full name and address of
the person or general partnership engaged in or transacting business.
(b) The recorder shall keep a record of the certificates filed under
this section and shall keep an index of the certificates showing, in
alphabetical order, the names of the persons and general partnerships
having certificates on file in the recorder's office, and the assumed
name or names which they intend to use in carrying on their
businesses as shown by the certificates.
(c) Before the dissolution of any business for which a certificate
is on file with the recorder, the person or general partnership to
which the certificate appertains shall file a notice of dissolution for
record in the recorder's office.
(d) The county recorder shall charge a fee in accordance with
IC 36-2-7-10 for each certificate, notice of dissolution, and notice of
discontinuance of use filed with the recorder's office and recorded
under this chapter. The funds received shall be receipted as county
funds 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 as
shown by its articles of incorporation;
(2) a foreign corporation conducting business in Indiana under
a name, designation, or title other than the name of the foreign
corporation as shown by its application for a certificate of
authority to transact business in Indiana;
(3) a limited partnership conducting business in Indiana under
a name, designation, or title other than the name of the limited
partnership as shown by its certificate of limited partnership;
(4) a foreign limited partnership conducting business in Indiana
under a name, designation, or title other than the name of the
limited partnership as shown by its application for registration;
(5) a limited liability company conducting business in Indiana
under a name, designation, or title other than as shown by its
articles of organization;
(6) a foreign limited liability company conducting business in
Indiana under a name, designation, or title other than the name
of the limited liability company as shown by its application for
registration;
(7) a limited liability partnership conducting business in Indiana
under a name, designation, or title other than the name of the
limited liability partnership as shown by its application for
registration; and
(8) a foreign limited liability partnership conducting business in
Indiana under a name, designation, or title other than the name
of the limited liability partnership as shown by its application
for registration;
shall file with the secretary of state a certificate stating the assumed
name or names to be used and the full name and address of the
corporation's, limited partnership's, limited liability company's, or
limited liability partnership's, foreign or domestic, principal office in
Indiana.
(f) A person, general partnership, corporation, limited partnership,
limited liability company, or limited liability partnership, foreign or
domestic, that has filed a certificate of assumed business name or
names under subsection (a) or (e) may file a notice of discontinuance
of use of assumed business name or names with the secretary of state
or with the recorder's office in which the certificate was filed or
transferred. The secretary of state or the recorder shall keep a record
of notices filed under this subsection.
(g) This subsection applies to a foreign or domestic corporation,
limited partnership, limited liability company, or limited liability
partnership that, before July 1, 2009:
(1) filed a certificate stating the assumed name or names to be
used 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 of
discontinuance of use of the assumed business name or names with
the secretary of state and with the recorder's office in which the
certificate was filed or transferred.
(h) The secretary of state shall collect the following fees when a
copy of a certificate is filed with the secretary of state under
subsection (e):
(1) A fee of:
(A) twenty dollars ($20) for an electronic filing; or
(B) thirty dollars ($30) for a filing other than an electronic
filing;
from a corporation (other than a nonprofit corporation), limited
liability 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 an
electronic filing;
from a nonprofit corporation.
The secretary of state shall prescribe the electronic means of filing
certificates for purposes of collecting fees under this subsection. A
fee collected under this subsection is in addition to any other fee
collected 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 title
that includes the true surnames of the person or, if the person is
not an individual, some or all of the true surnames of the
individuals comprising the person; and
(2) a church, a lodge, or an association the business of which is
conducted or transacted by trustees under a written instrument
or declaration of trust that is recorded in the recorder's office of
each county in which the business is conducted or transacted. (Formerly: Acts 1909, c.151, s.2; Acts 1965, c.241, s.2.) As amended
by 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 liability
company, foreign limited liability company, limited partnership, or
foreign limited partnership that violates this chapter commits a Class
B infraction. (Formerly: Acts 1909, c.151, s.3; Acts 1965, c.241, s.3.) As amended
by 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, prior
to 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 in
IC 23-18-1-9). As added by P.L.226-1989, SEC.23. Amended by P.L.8-1993,
SEC.329.
IC 23-15-1-1 Filing of certificate of assumed name; record; applicability to
corporations; fees
Sec. 1. (a) Except as otherwise provided in section 2 of this
chapter, a person or general partnership conducting or transacting
business in Indiana under a name, designation, or title other than the
real name of the person or general partnership conducting or
transacting the business shall file for record, in the office of the
recorder of each county in which a place of business or an office of
the person or general partnership is situated, a certificate stating the
assumed name or names to be used and the full name and address of
the person or general partnership engaged in or transacting business.
(b) The recorder shall keep a record of the certificates filed under
this section and shall keep an index of the certificates showing, in
alphabetical order, the names of the persons and general partnerships
having certificates on file in the recorder's office, and the assumed
name or names which they intend to use in carrying on their
businesses as shown by the certificates.
(c) Before the dissolution of any business for which a certificate
is on file with the recorder, the person or general partnership to
which the certificate appertains shall file a notice of dissolution for
record in the recorder's office.
(d) The county recorder shall charge a fee in accordance with
IC 36-2-7-10 for each certificate, notice of dissolution, and notice of
discontinuance of use filed with the recorder's office and recorded
under this chapter. The funds received shall be receipted as county
funds 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 as
shown by its articles of incorporation;
(2) a foreign corporation conducting business in Indiana under
a name, designation, or title other than the name of the foreign
corporation as shown by its application for a certificate of
authority to transact business in Indiana;
(3) a limited partnership conducting business in Indiana under
a name, designation, or title other than the name of the limited
partnership as shown by its certificate of limited partnership;
(4) a foreign limited partnership conducting business in Indiana
under a name, designation, or title other than the name of the
limited partnership as shown by its application for registration;
(5) a limited liability company conducting business in Indiana
under a name, designation, or title other than as shown by its
articles of organization;
(6) a foreign limited liability company conducting business in
Indiana under a name, designation, or title other than the name
of the limited liability company as shown by its application for
registration;
(7) a limited liability partnership conducting business in Indiana
under a name, designation, or title other than the name of the
limited liability partnership as shown by its application for
registration; and
(8) a foreign limited liability partnership conducting business in
Indiana under a name, designation, or title other than the name
of the limited liability partnership as shown by its application
for registration;
shall file with the secretary of state a certificate stating the assumed
name or names to be used and the full name and address of the
corporation's, limited partnership's, limited liability company's, or
limited liability partnership's, foreign or domestic, principal office in
Indiana.
(f) A person, general partnership, corporation, limited partnership,
limited liability company, or limited liability partnership, foreign or
domestic, that has filed a certificate of assumed business name or
names under subsection (a) or (e) may file a notice of discontinuance
of use of assumed business name or names with the secretary of state
or with the recorder's office in which the certificate was filed or
transferred. The secretary of state or the recorder shall keep a record
of notices filed under this subsection.
(g) This subsection applies to a foreign or domestic corporation,
limited partnership, limited liability company, or limited liability
partnership that, before July 1, 2009:
(1) filed a certificate stating the assumed name or names to be
used 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 of
discontinuance of use of the assumed business name or names with
the secretary of state and with the recorder's office in which the
certificate was filed or transferred.
(h) The secretary of state shall collect the following fees when a
copy of a certificate is filed with the secretary of state under
subsection (e):
(1) A fee of:
(A) twenty dollars ($20) for an electronic filing; or
(B) thirty dollars ($30) for a filing other than an electronic
filing;
from a corporation (other than a nonprofit corporation), limited
liability 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 an
electronic filing;
from a nonprofit corporation.
The secretary of state shall prescribe the electronic means of filing
certificates for purposes of collecting fees under this subsection. A
fee collected under this subsection is in addition to any other fee
collected 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 title
that includes the true surnames of the person or, if the person is
not an individual, some or all of the true surnames of the
individuals comprising the person; and
(2) a church, a lodge, or an association the business of which is
conducted or transacted by trustees under a written instrument
or declaration of trust that is recorded in the recorder's office of
each county in which the business is conducted or transacted. (Formerly: Acts 1909, c.151, s.2; Acts 1965, c.241, s.2.) As amended
by 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 liability
company, foreign limited liability company, limited partnership, or
foreign limited partnership that violates this chapter commits a Class
B infraction. (Formerly: Acts 1909, c.151, s.3; Acts 1965, c.241, s.3.) As amended
by 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, prior
to 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 in
IC 23-18-1-9). As added by P.L.226-1989, SEC.23. Amended by P.L.8-1993,
SEC.329.
IC 23-15-1-1 Filing of certificate of assumed name; record; applicability to
corporations; fees
Sec. 1. (a) Except as otherwise provided in section 2 of this
chapter, a person or general partnership conducting or transacting
business in Indiana under a name, designation, or title other than the
real name of the person or general partnership conducting or
transacting the business shall file for record, in the office of the
recorder of each county in which a place of business or an office of
the person or general partnership is situated, a certificate stating the
assumed name or names to be used and the full name and address of
the person or general partnership engaged in or transacting business.
(b) The recorder shall keep a record of the certificates filed under
this section and shall keep an index of the certificates showing, in
alphabetical order, the names of the persons and general partnerships
having certificates on file in the recorder's office, and the assumed
name or names which they intend to use in carrying on their
businesses as shown by the certificates.
(c) Before the dissolution of any business for which a certificate
is on file with the recorder, the person or general partnership to
which the certificate appertains shall file a notice of dissolution for
record in the recorder's office.
(d) The county recorder shall charge a fee in accordance with
IC 36-2-7-10 for each certificate, notice of dissolution, and notice of
discontinuance of use filed with the recorder's office and recorded
under this chapter. The funds received shall be receipted as county
funds 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 as
shown by its articles of incorporation;
(2) a foreign corporation conducting business in Indiana under
a name, designation, or title other than the name of the foreign
corporation as shown by its application for a certificate of
authority to transact business in Indiana;
(3) a limited partnership conducting business in Indiana under
a name, designation, or title other than the name of the limited
partnership as shown by its certificate of limited partnership;
(4) a foreign limited partnership conducting business in Indiana
under a name, designation, or title other than the name of the
limited partnership as shown by its application for registration;
(5) a limited liability company conducting business in Indiana
under a name, designation, or title other than as shown by its
articles of organization;
(6) a foreign limited liability company conducting business in
Indiana under a name, designation, or title other than the name
of the limited liability company as shown by its application for
registration;
(7) a limited liability partnership conducting business in Indiana
under a name, designation, or title other than the name of the
limited liability partnership as shown by its application for
registration; and
(8) a foreign limited liability partnership conducting business in
Indiana under a name, designation, or title other than the name
of the limited liability partnership as shown by its application
for registration;
shall file with the secretary of state a certificate stating the assumed
name or names to be used and the full name and address of the
corporation's, limited partnership's, limited liability company's, or
limited liability partnership's, foreign or domestic, principal office in
Indiana.
(f) A person, general partnership, corporation, limited partnership,
limited liability company, or limited liability partnership, foreign or
domestic, that has filed a certificate of assumed business name or
names under subsection (a) or (e) may file a notice of discontinuance
of use of assumed business name or names with the secretary of state
or with the recorder's office in which the certificate was filed or
transferred. The secretary of state or the recorder shall keep a record
of notices filed under this subsection.
(g) This subsection applies to a foreign or domestic corporation,
limited partnership, limited liability company, or limited liability
partnership that, before July 1, 2009:
(1) filed a certificate stating the assumed name or names to be
used 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 of
discontinuance of use of the assumed business name or names with
the secretary of state and with the recorder's office in which the
certificate was filed or transferred.
(h) The secretary of state shall collect the following fees when a
copy of a certificate is filed with the secretary of state under
subsection (e):
(1) A fee of:
(A) twenty dollars ($20) for an electronic filing; or
(B) thirty dollars ($30) for a filing other than an electronic
filing;
from a corporation (other than a nonprofit corporation), limited
liability 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 an
electronic filing;
from a nonprofit corporation.
The secretary of state shall prescribe the electronic means of filing
certificates for purposes of collecting fees under this subsection. A
fee collected under this subsection is in addition to any other fee
collected 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 title
that includes the true surnames of the person or, if the person is
not an individual, some or all of the true surnames of the
individuals comprising the person; and
(2) a church, a lodge, or an association the business of which is
conducted or transacted by trustees under a written instrument
or declaration of trust that is recorded in the recorder's office of
each county in which the business is conducted or transacted. (Formerly: Acts 1909, c.151, s.2; Acts 1965, c.241, s.2.) As amended
by 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 liability
company, foreign limited liability company, limited partnership, or
foreign limited partnership that violates this chapter commits a Class
B infraction. (Formerly: Acts 1909, c.151, s.3; Acts 1965, c.241, s.3.) As amended
by 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, prior
to 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 in
IC 23-18-1-9). As added by P.L.226-1989, SEC.23. Amended by P.L.8-1993,
SEC.329.
