2015 Indiana Code TITLE 23. BUSINESS AND OTHER ASSOCIATIONS ARTICLE 1. INDIANA BUSINESS CORPORATION LAW CHAPTER 24. OFFICE AND AGENT
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IC 23-1-24
Chapter 24. Office and Agent
IC 23-1-24-1
Maintenance of registered office and registered agent; agent's
consent; communications contact information; resignation
Sec. 1. (a) Each corporation must continuously maintain in
Indiana:
(1) a registered office; and
(2) a registered agent, who must be:
(A) an individual who resides in Indiana and whose business
office is identical with the registered office;
(B) a domestic limited liability company, domestic
corporation, or nonprofit domestic corporation whose
business office is identical with the registered office; or
(C) a foreign limited liability company, foreign corporation,
or nonprofit foreign corporation authorized to transact
business in Indiana whose business office is identical with
the registered office.
(b) Each corporation incorporated after June 30, 2014, shall file
with the secretary of state:
(1) the registered agent's written consent; or
(2) a representation that the registered agent has consented.
(c) Each corporation incorporated under the laws of Indiana shall
provide to the corporation's registered agent, and update from time to
time as necessary, the name, business address, and business telephone
number of a natural person who is:
(1) an officer, a director, an employee, or a designated agent of
the corporation; and
(2) authorized to receive communications from the registered
agent.
The natural person is considered to be the communications contact
for the corporation.
(d) A registered agent shall retain, in paper or electronic form, the
information provided by a corporation under subsection (c).
(e) If a corporation fails to provide the registered agent with the
information required under subsection (c), the registered agent may
resign, as provided in section 3 of this chapter, as the registered agent
for the corporation.
As added by P.L.149-1986, SEC.8. Amended by P.L.63-2014, SEC.4.
IC 23-1-24-2
Change of registered office or registered agent
Sec. 2. (a) A corporation may change its registered office or
registered agent by delivering to the secretary of state for filing a
statement of change that sets forth:
(1) the name of the corporation;
(2) the street address of its current registered office;
(3) if the current registered office is to be changed, the street
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address of the new registered office;
(4) the name of its current registered agent;
(5) if the current registered agent is to be changed, the name of
the new registered agent and the new agent's written consent or
a representation that the new registered agent has consented
(either on the statement or attached to it) to the appointment;
and
(6) that after the change or changes are made, the street
addresses of its registered office and the business office of its
registered agent will be identical.
(b) If a registered agent changes the street address of the registered
agent's business office, the registered agent may change the street
address of the registered office of any corporation that the registered
agent serves by notifying the corporation in writing of the change and
signing (either manually or in facsimile) and delivering to the
secretary of state for filing a statement that complies with the
requirements of subsection (a) and recites that the corporation has
been notified of the change.
As added by P.L.149-1986, SEC.8. Amended by P.L.107-1987,
SEC.4.
IC 23-1-24-3
Resignation of registered agent
Sec. 3. (a) A registered agent may resign the agency appointment
by signing and delivering to the secretary of state for filing as
described in IC 23-1-18 a statement of resignation. The statement
may include a statement that the registered office is also
discontinued.
(b) After filing the statement the secretary of state shall mail one
(1) copy to the corporation at its principal office, if known, and one
(1) copy to the registered office, if not discontinued.
(c) The agency appointment is terminated, and the registered
office discontinued if so provided, on the thirty-first day after the
date on which the statement was filed.
As added by P.L.149-1986, SEC.8. Amended by P.L.228-1995,
SEC.8.
IC 23-1-24-4
Service of process or notice
Sec. 4. (a) A corporation's registered agent is the corporation's
agent for service of process, notice, or demand required or permitted
by law to be served on the corporation.
(b) If a corporation has no registered agent, or the agent cannot
with reasonable diligence be served, the corporation may be served
by registered or certified mail, return receipt requested, addressed to
the secretary of the corporation or other executive officer, as that
term is used in Trial Rule 4.6(a)(1), at the corporation's principal
office. Service is perfected under this subsection at the earliest of:
(1) the date the corporation receives the mail;
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(2) the date shown on the return receipt, if signed on behalf of
the corporation; or
(3) five (5) days after its deposit in the United States mail, if
mailed postpaid and correctly addressed.
(c) This section does not prescribe the only means, or necessarily
the required means, of serving a corporation.
As added by P.L.149-1986, SEC.8.
Indiana Code 2015
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