§ 23-0.5-3-4 — Filing of certificate of assumed name; fees; notice of discontinuance of use; violation

Indiana § 23-0.5-3-4

• Jurisdiction: Indiana
• Title 23: BUSINESS AND OTHER ASSOCIATIONS
• Art. 0.5: UNIFORM BUSINESS ORGANIZATIONS CODE
• Ch. 3: Name of Entity

Text

(a) Except as otherwise provided in subsection
(i), an individual or a general partnership, other than a limited liability
partnership, conducting or transacting business in Indiana under a
name, designation, or title other than the real name of the individual 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 individual or general partnership is situated,
a certificate stating the assumed name or names to be used and the full
name and address of the individual 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 that 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 subsection (i), a filing entity conducting
business in Indiana under a name, designation, or title other than the
name shown in its organic record 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 entity's principal office in Indiana.
(f) A filing entity may not include an entity indicator, such as "Inc.",
"Corp.", "LLC", "LP", or "LLP" or a similar description in an assumed
business name filing, that is inconsistent with the entity type for which
the assumed business name is being filed. However, if the entity filing
the assumed business name has filed articles of conversion,
domestication, or merger that change the entity type, the entity
indicator in the assumed business name filing may be inconsistent with
the entity type if the conversion, domestication, or merger occurred
within the twelve (12) months before the date of the assumed business
name filing.
(g) An individual, a general partnership, a corporation, a limited
partnership, a limited liability company, or a 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.
(h) 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.
(i) This section does not apply to:
(1) an individual doing business under a name, designation, or
title that includes the true surname of the individual;
(2) a person other an individual doing business under a name,
designation, or title that includes some or all of the true surnames
of the individuals comprising the person; or
(3) 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.
(j) A person, corporation, foreign corporation, limited liability
company, foreign limited liability company, limited partnership, or
foreign limited partnership that violates this section commits a Class
B infraction.
(k) Compliance with the requirements of Acts 1941, c.192, before
July 8, 1965, is considered compliant with this section.

Legislative History

As added by P.L.118-2017, SEC.5.