How to Start a Business in Indiana and Form an LLC

Indiana Business Facts and Environment

IN Business Facts

The state of Indiana reported a total gross state product of $359 billion in 2017. A driving force behind the Hoosier State’s economy is manufacturing and steel production, being the largest steel producer in the nation for over 45 years.

Next to steel production and auto manufacturing, pharmaceuticals and medical devices, electrical and transportation equipment, chemical products, rubber, petroleum and coal products, and factory machinery are all products that are produced in the Hoosier State.

Major Companies in Indiana

Among the largest corporations in Indiana are Cummins, Anthem, Eli Lilly and Company, Berry Global, Steak ‘n Shake and Zimmer Biomet.

Startup Environment

The Kauffman Index of Growth Entrepreneurship recently ranked Indianapolis 10th among the 40 largest metro areas in the US, and the state’s low cost of living and talented workforce are a benefit to Indiana startups.

Step 1: Decide on a Business Structure

There are 3 basic options: a DBA, a Corporation or an LLC. Click here to learn more about business entities.

• A DBA or “Doing Business As” (also known as a “Fictitious Business Name” or FBN) is not really a separate structure, but just a different name that an individual or partners use as their business name.
• A Corporation is a separate entity (provides liability protection to the owners) that has a structure that includes shareholders, directors and officers. More complex than a DBA but the entity of choice for large companies and startups that intend to raise funding. Some professions are required to choose what is known as a “Professional Corporation” or PC (doctors, lawyers, architects, etc.).
• An LLC or “Limited Liability Company” is a newer type of business that is both a separate entity but provides very easy management (doesn’t require directors or officers) and taxation. Has largely replaced the DBA and Corporation in popularity recently as it provides liability protection but with much less complexity (and taxation) than a Corporation.

Step 2: Pick a Business Name

Choosing a business name is easier said than done – many legal and business problems can arise from picking the wrong name (you can always change it later but the less times you have to do that the better). In Step 3 we’ll show you how to search for the name in Indiana, but we highly recommend you do the following before searching Indiana state databases:

• Make sure you’ve covered the basics: unique, easy to understand/pronounce (practice saying it out loud: “Thanks for calling XYZ”) and can survive over time (“DVD World” is not timely). Here are some of our tips on business identity including logo and trademarks.

• Search the web for your proposed name. Search Google, Bing and DuckDuckGo as a “first sweep” for any potential conflicts, especially in your state or local jurisdiction. NOTE: If you intend to operate nationally or even internationally it will be even more important that your name be unique. This should cover many cases where a company name is being used but not officially trademarked (see next tip).
• Do a trademark search with the US Patent and Trademark Office (USPTO). This will be a very good indicator if your name will have any conflicts. There’s an art to trademark searches (trademark specialists will charge you handsomely to do a thorough search) but in our experience if you can use Google at a fairly advanced level you can reasonably clear a name yourself.

TIP: search misspellings, plurals, variations of spelling, sound-alikes and other versions of your chosen name to be sure it’s not already registered.

• Make sure your company name choice is available by searching the Indiana Business Entity Database. NOTE: Make sure to search variations of spelling, plurals and misspellings as the state may reject a name that is too similar (then you have to start all over again, wasting valuable time).

Restrictions on Indiana Business Name & Business Purpose

Indiana requires all business names to be distinguishable from other businesses. It also prohibits the following words: Bank, Banker, Banking, Savings, Safe Deposit, Trust, Trustee, Insurance and Credit Union.

Step 3: Register the Business

Each state has its own requirements for registering a business. Now that you’ve chosen a business structure and picked your business name, here are the requirements to register your business in Indiana.

How to form an LLC in Indiana

• File the “Articles of Organization” with the Indiana Secretary of State.
• Once the articles are filed and approved by the state you will then need to properly organize the LLC (this also applies to “1-person LLC’s”) by holding an “Organizational Meeting” which takes contributions from the members, issues Member Certificates, adopts the company Operating Agreement and more.

How to Incorporate in Indiana

• File the “Articles of Incorporation” with the Indiana Secretary of State.
• Hold an “Organizational Meeting” to determine the percentage of ownership for each shareholder as well as resolve to do tasks like open a company bank account, pay back pre-incorporation expenses, elect S-Corporation status and more.
• Corporations can elect S-Corporation status with the IRS by filing IRS Form 2553. Click here to learn more about S-Corporations.

Considerations when incorporating or forming an LLC in Indiana

TIP: Check our order form to see how long Indiana is currently taking to process regular and expedited orders.

A Registered Agent is required for every Indiana business. Hire a professional Registered Agent. Many people list their home or business address on the Articles of Organization or Incorporation. This can cause issues because it becomes public record (you’ll get lots of junk mail). A professional Registered Agent will provide their address and forward any important documents to you, this is also convenient if you have to move (you don’t have to file forms or pay fees, just update your address with your agent).

How to File a DBA in Indiana

• Check your business name by calling the County Recorder or visiting their website (a search for “YOURCOUNTY county recorder” should find it).
• Obtain the forms from the county to register your DBA. Each county has its own specific filing requirements, but most accept the online certificate found here.

Ready to register a business in Indiana?

• We specialize in registering businesses in Indiana.

Ready to Start Now? Let Us Do The Work

Sure, you could do all the steps above or you could spend 5-10 minutes on our order form and let us take care of it while you work on more important things.

• Learn more about our business formation service
• Read our verified reviews and 100% Satisfaction Guarantee
• Contact our friendly support team if you have any questions

Step 4: Obtain Your Federal Employer Identification Number

Your EIN is like your Social Security Number for your company. It’s required for Corporations and LLC’s and optional for DBA’s (if you don’t have any employees, then it’s required). However, if you are a DBA and don’t obtain an EIN you will be forced to use your Social Security Number on many documents so it’s typically recommended you obtain the EIN to prevent identity theft.

To obtain an EIN you can apply online with the IRS or via IRS Form SS-4.

TIP: We will obtain your EIN for you if you we form your company.

Step 5: Open Company Bank and Credit Accounts

To keep business and personal expenses separate, you should open a separate account for your business. In addition, getting business credit cards is how you begin to build a company credit profile (corporation or LLC required) and can later qualify for larger loans and lines of credit. To open the account simply call your chosen bank and inquire on the steps to open a business bank account. Typically you’ll need a) your filed paperwork b) your EIN c) a company resolution authorizing your company to open the account (signed by the owners, members, officers or directors, etc.).

TIP: Our business formation service includes a free banking resolution for your use.

Step 6: Set-up An Accounting System

Setup your Accounting and Record-keeping system and learn about the taxes your new company is responsible for paying.

Company documents generally are required to be kept for 3 years, including: a list of all owners and addresses, copies of all formation documents, financial statements, annual reports, amendments or changes to the company. All Tax and Corporate Filings should be kept for at least 3 years. View our “Accounting & Financial Management” section for help with setting up an accounting system and purchasing accounting software.

Step 7: Obtain Licenses and Permits

Now that you’ve registered your business name you need to obtain a business license for your company – this authorizes your company to do business in your city or county. Typically this also involves registering for state taxes and permits (the city may require them as part of the business licensing process).

TIP: We can help you identify the necessary forms to obtain your business license.

Step 8: Hire Employees (if applicable)

If you intend to hire yourself or others as a full or part-time employee of your company, then you may have to register with the appropriate State Agencies or obtain Workers Compensation Insurance or Unemployment Insurance (or both). View our “Employees & Payroll” section for help with hiring employees and processing payroll.

Step 9: Obtain Business Insurance

There are many types of insurance for businesses but they are usually packaged as “General Business Insurance” or a “Business Owner’s Policy”. This can cover everything from product liability to company vehicles. A decent policy can run as little as $300/year and offers a great extra level of protection. Click here to view our preferred provider of business insurance online.

Step 10: Systemize and Organize

Prepare the business as if someone needed to take it over and run it for you. This means have a method to process orders, pay bills, pay employees, pay taxes, maintain your permits, etc. Basically, try to make the operational aspect of the business as automated and efficient as possible so you can concentrate on growing your business. View our “Manage Your Company” section for help with systemizing and automating your business.

Step 11: Branding and Marketing

Now that you’ve set-up the company for success, you need to get the word out. Create a marketing plan for your products and services that targets your ideal customer. View our “Marketing & Sales” section for help for more information.

Step 12: Annual and Ongoing Requirements

DBA: Your Fictitious Business Name should be valid for 5 years (unless you change company name or other information listed on the FBN) at which point you’ll need to renew it with the county.

LLC: Indiana LLCs are required to file a biennial report (every two years) during the anniversary month of the LLC’s formation.

Corporation: Indiana corporations must file a biennial report (every two years) during the anniversary month in which the corporation was granted authority to do business in the state. LLCs and Corporations will pay a filing cost of $30 by mail or $20 online.

Important Indiana Contacts

Indiana Business Services Division (for Corporation and LLC filings)
302 W. Washington Street
Room 201
Indianapolis, IN 46204
Phone: 317-232-6531

Indiana Taxation Departments

• Indiana Department of Revenue

Indiana Labor and Employment Departments

• Indiana Department of Labor

Indiana Startup Resources

Small Business Administration (SBA) Indiana District Offices

• Indiana District Office

SCORE Indiana

• Indianapolis SCORE is the premier source of free small business advice for Indiana entrepreneurs.
• The Northwest Indiana SCORE provides free and confidential one-on-one business counseling.
• Fort Wayne SCORE provides Northeast Indiana with the professional advice and tools to help businesses thrive.

Indiana Legal Statutes

• Indiana Business Corporation Law – the broad code that includes various other topics including business corporation.
• Indiana Business Flexibility Act – the specific act that applies to Indiana LLCs.
• Indiana Professions and Occupations – this includes regulations on Indiana’s professions and businesses.

Indiana Chambers of Commerce

• Indiana Chamber of Commerce
• Indianapolis Chamber of Commerce

INBiz – INBiz is Indiana State’s resource for registering and managing your business.

Angel.co Indiana Startups

• A list of Indiana Startups and Indiana angel investors registered with Angel.co.

Indiana Business News

• Indianapolis Star Business
• Inside Indiana Business
• 13 WTHR

IEDC – The Indiana Economic Development Corporation (IEDC) is the State of Indiana’s lead economic development agency.

The Indiana Small Business Development Center (Indiana SBDC) was created to have a positive and measurable impact on the formation, growth, and sustainability of small businesses in Indiana, and to help Hoosier entrepreneurs start stronger, grow faster, and work smarter.

Indiana Green Business Program

• Hoosier Environmental Council