|
|
|
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:
(1) a person conducting or transacting business in Indiana under
a name, designation, or title other than the real name of the
person conducting or transacting such business;
(2) 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;
(3) 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 certificate of
authority to transact business in Indiana;
(4) 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;
(5) 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;
(6) a limited liability company conducting business in Indiana
under a name, designation, or title other than as shown by its
articles of organization;
(7) 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;
(8) 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
(9) 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 for record, in the office of the recorder of each county in
which a place of business or an office of the person, limited
partnership, foreign limited partnership, limited liability company,
foreign limited liability company, corporation, or foreign corporation
is situated, a certificate stating the assumed name or names to be
used, and, in the case of a person, the full name and address of the
person engaged in or transacting business, or, in the case of a
corporation, foreign corporation, limited liability company, foreign
limited liability company, limited partnership, or foreign limited
partnership, the full name and the address of the corporation's,
limited liability company's, or limited partnership's principal office
in Indiana.
(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, the names of the
partnerships, the names of the limited liability companies, the
corporate names of the corporations having such 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, limited liability company,
partnership, or corporation 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) A corporation, limited liability company, or limited
partnership subject to this chapter shall, in addition to filing the
certificate provided for in subsection (a), file with the secretary of
state a copy of each certificate.
(f) A person, partnership, limited liability company, or
corporation 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
and with the recorder's office in which the certificate was filed or
transferred. The secretary of state and the recorder shall keep a
record of notices filed under this subsection.
(g) A corporation or limited partnership, domestic or foreign, that
is subject to this chapter and that does not have a place of business
or an office in Indiana, shall file the certificate required under
subsection (a) in the office of the recorder of the county where the
corporation's or limited partnership's registered office is located. The
certificate must state the assumed name or names to be used, the
name of the registered agent, and the address of the registered office.
The corporation or limited partnership must comply with the
requirements in subsection (e).
(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.
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: