2014 Indiana Code TITLE 27. INSURANCE ARTICLE 16. PROFESSIONAL EMPLOYER ORGANIZATIONS CHAPTER 4. REGISTRATION
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IC 27-16-4
Chapter 4. Registration
IC 27-16-4-1
Registration requirements
Sec. 1. (a) A person shall not:
(1) provide professional employer services;
(2) advertise that the person:
(A) is a professional employer organization; or
(B) provides professional employer services; or
(3) otherwise hold the person out as a professional employer
organization;
in Indiana unless the person is registered under this article.
(b) The registration requirement specified in subsection (a) applies
to a person that performs any of the activities specified in subsection
(a) regardless of the person's use of any of the following terms:
(1) Professional employer organization.
(2) PEO.
(3) Staff leasing company.
(4) Registered staff leasing company.
(5) Employee leasing company.
(6) Administrative employer.
(7) Any other name.
As added by P.L.245-2005, SEC.7.
IC 27-16-4-2
Application
Sec. 2. (a) This section does not apply to an applicant for limited
registration under section 6 of this chapter.
(b) An applicant for registration under this article shall file with
the department the following information:
(1) The name or names under which the applicant conducts
business.
(2) The address of the principal place of business of the
applicant and the address of each office the applicant maintains
in Indiana.
(3) The applicant's taxpayer or employer identification number.
(4) A list by jurisdiction of each name under which the applicant
has operated in the preceding five (5) years, including any
alternative names, names of predecessors, and, if known,
successor business entities.
(5) A statement of ownership that includes the name and
evidence of the business experience of any person that,
individually or acting in concert with one (1) or more other
persons, owns or controls, directly or indirectly, twenty-five
percent (25%) or more of the equity interests of the applicant.
(6) A statement of management that includes the name and
evidence of the business experience of any individual who
serves as president, chief executive officer, or otherwise has the
authority to act as senior executive officer of the applicant.
(7) Except as provided in subsections (c) and (d), a financial
statement:
(A) setting forth the financial condition of the applicant as of
a date not earlier than one hundred eighty (180) days before
the date the financial statement is submitted to the
department;
(B) prepared in accordance with generally accepted
accounting principles; and
(C) audited by an:
(i) independent certified public accountant licensed to
practice in the jurisdiction in which the accountant is
located; or
(ii) individual who is certified under IC 25-2.1-3 or
IC 25-2.1-4;
with a resulting audit report that is issued without
qualification as to the status of the applicant as a going
concern.
(c) If a PEO has less than twelve (12) months of operating history
on which to base an audited financial statement, the PEO shall file a
financial statement that has been reviewed by an:
(1) independent certified public accountant licensed to practice
in the jurisdiction in which the accountant is located; or
(2) individual who is certified under IC 25-2.1-3 or IC 25-2.1-4.
(d) An applicant may apply to the department for an extension of
time in which to file the audited financial statement and audit report
required by subsection (b). An application under this subsection must
be accompanied by a letter from the auditor described in subsection
(b) specifying the reason for the requested extension and the
anticipated date by which the audit will be completed.
As added by P.L.245-2005, SEC.7. Amended by P.L.11-2011,
SEC.41.
IC 27-16-4-3
Registration deadline
Sec. 3. (a) A PEO that is operating in Indiana on January 1, 2006,
shall complete the PEO's initial registration not later than July 1,
2006.
(b) An initial registration under subsection (a) is valid until the
end of the PEO's first fiscal year end that occurs after December 31,
2006.
(c) A PEO that is not operating in Indiana on December 31, 2005,
shall complete the PEO's initial registration before commencement of
operations in Indiana.
As added by P.L.245-2005, SEC.7.
IC 27-16-4-4
Renewal deadline
Sec. 4. A PEO shall, not more than one hundred eighty (180) days
after the end of the PEO's fiscal year, renew the PEO's registration by
filing a statement notifying the department of any changes in the
information provided in the PEO's most recent registration or
renewal.
As added by P.L.245-2005, SEC.7.
IC 27-16-4-5
Satisfaction of requirements
Sec. 5. A PEO group may satisfy the reporting and financial
requirements of this chapter on a combined or consolidated basis if
each member of the PEO group guarantees the obligations under this
article of each other member of the PEO group.
As added by P.L.245-2005, SEC.7.
IC 27-16-4-6
Limited registration for foreign PEOs
Sec. 6. (a) A PEO that is not domiciled in Indiana is eligible for a
limited registration under this article if the PEO:
(1) submits a properly executed request for limited registration
on a form prescribed by the department;
(2) is licensed or registered as a professional employer
organization in another state that has licensure or registration
requirements that are:
(A) substantially the same as; or
(B) more restrictive than;
the requirements of this article;
(3) does not:
(A) maintain an office; or
(B) directly solicit clients located or domiciled;
in Indiana; and
(4) does not have more than fifty (50) covered employees who
are employed or domiciled in Indiana on any day.
(b) A limited registration is valid for one (1) year and may be
renewed.
(c) A PEO that seeks limited registration under this section shall
provide to the department information and documentation necessary
to show that the PEO meets the requirements of this section.
(d) IC 27-16-6 does not apply to a PEO that applies for limited
registration under this section.
As added by P.L.245-2005, SEC.7. Amended by P.L.11-2011,
SEC.42.
IC 27-16-4-7
Rules
Sec. 7. The department shall adopt rules under IC 4-22-2 to
provide for registration of a PEO without compliance with this
chapter and IC 27-16-6 by the commissioner's acceptance of an
affidavit or a certification:
(1) provided by a bonded, independent, and qualified assurance
organization that has been approved by the commissioner; and
(2) that certifies the qualifications of a professional employer
organization.
As added by P.L.245-2005, SEC.7.
IC 27-16-4-8
List of registered PEOs
Sec. 8. The department shall:
(1) maintain; and
(2) publish on the department's Internet site;
a list of PEOs that are registered under this article.
As added by P.L.245-2005, SEC.7. Amended by P.L.11-2011,
SEC.43.
IC 27-16-4-9
Forms
Sec. 9. The department may prescribe forms necessary to promote
the efficient administration of this chapter.
As added by P.L.245-2005, SEC.7.
IC 27-16-4-10
Confidentiality of records
Sec. 10. All records, reports, and other information obtained from
a PEO under this chapter, except to the extent necessary for the
proper administration of this chapter by the department, are
confidential.
As added by P.L.245-2005, SEC.7.
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