Do you want to start an Indiana corporation? What follows is a very general outline of what it takes to incorporate in Indiana.
1. Check the availability of the corporate name with the Secretary of State, Division of Corporations.
2. Prepare the Articles of Incorporation.
Another service our Secretary of State office makes available online. If you prepare the Articles online, the site checks the name of the proposed business for you. However, the registration cannot be completed online:
The next step in the process is to continue your registration. When completed you will checkout and submit the registration with payment. The Indiana Secretary of State will review the registration and notify you via email if it has been approved or rejected.
Incomplete: You must finish filling out your form with the required information before SOS can approve your registration3. Getting the Articles of Incorporation to the Secretary of State, Division of Corporations. Make sure that the registration fee is enclosed.
Pending Review: You have completed your registration and have successfully submitted it to the Indiana Secretary of State for review. The Indiana Secretary of State will contact you via email to let you know your registration has been approved or rejected.
Rejected: Your business entity registration was not approved by the Indiana Secretary of State. A reason (s) should be listed in your email as to why it was not approved. You may contact SOS at 317.232.6576 to determine why your registration was not approved.
Assuming that the registration is approved, you will have a valid registration with Indiana's Secretary of State. This does not make your business a corporation. You are are at a half-way point now. What follows finally establishes the business as a corporation.
4. Prepare the By-laws and schedule a meeting with the incorporators (or the incorporators and shareholders if these are different people).
5. Issue stock certificates to the stockholders of the corporation.
6. Comply with all applicable state laws concerning any fictitious name under which the corporation will conduct its activities.
7. Dealing with the IRS.
- You need an EIN (Employer Identification Number) number from the IRS and
- Also the documents to get "S Corporation" status, if is desired.
This application is available during the following hours:During this application you can also produce the documents needed for electing Subschapter S status. Remember that Subchapter S is a creature of the federal tax law - Indiana recognizes only two types of corporations: for-profit and not-for-profit.
Monday - Friday 6:00 a.m. to 12:30 a.m. Eastern time
Saturday 6:00 a.m. to 9:00 p.m. Eastern time
Sunday 7:00 p.m. to 12:00 a.m. Eastern time
7. Apply for a state sales tax number, if the corporation will be responsible for collecting state sales tax.
If you want to incorporate in Indiana and need the help of a lawyer, please give me a call.