Indiana LLC Operating Agreement

The agreement sets forth the fundamental operating guidelines for your LLC, such as the voting procedures, provisions for buy-outs, and management structure. Utilize our thorough template for the Indiana LLC Operating Agreement to simplify the establishment of your Limited Liability Company in Indiana and safeguard your business interests.

Key Takeaways

• Indiana law does not mandate an LLC to have an operating agreement. However, it is strongly recommended to draft one to reducing potential conflicts. 
• Utilize our free Indiana LLC Operating Agreement template to ensure compliance with state laws.
• To form an LLC in Indiana, you’ll need to file Articles of Organization with the Indiana Secretary of State, designate a registered agent, and fulfill the required filing fee.

Indiana LLC Operating Agreement Templates by Type

Single Member LLC

Basic Single Member LLC Operating Agreement

Used 4,920 times

Are you required to uphold your limited liability corporation status in accordance with state law? If the business is sued, the owner’s assets may be safeguarded by this agreement.

Use Basic Single Member LLC Operating Agreement

Employ this template for sole ownership of an LLC in Indiana.

Multi Member LLC

Multi-Member LLC Operating Agreement Template

Used 4,872 times

Ensure that your newly formed LLC is run the right way by having a multi-member operating agreement in place.

Use Multi-Member LLC Operating Agreement Template

Facilitate collaboration and governance among LLC co-owners in Indiana with this template.

50/50 LLC

50/50 LLC Operating Agreement Template

Used 4,872 times

This free 50/50 LLC Operating Agreement template for businesses with equal ownership.

Use 50/50 LLC Operating Agreement Template

Establish a structured partnership framework for equal ownership and management in an Indiana LLC using this template.

Member-managed LLC

Member-Managed LLC Operating Agreement Template

Used 4,919 times

A manager is chosen by the firm owners to oversee day-to-day operations in a manager-managed LLC. Use this Member-Managed LLC Operating Agreement Template right away.

Use Member-Managed LLC Operating Agreement Template

Effectively delegate management responsibilities within an Indiana LLC with this template.

Legal Requirements

While Indiana doesn’t mandate an LLC Operating Agreement, it’s often advisable for many LLCs to write one up. Without such an agreement, disputes default to the state’s operating rules (IC 23-18). These rules suffice for straightforward business arrangements. Still, they may not be ideal when there’s a significant disparity in members’ contributions and ownership percentages or when more flexibility in defining operating rules and roles is desired.

An LLC Operating Agreement can help maintain a distinct separation between personal and business matters, which is crucial for preserving the limited liability status of single-member LLCs.

Furthermore, even if the state doesn’t require this agreement, it can be essential when interacting with business partners, investors, or financial institutions. These external entities often require a formal agreement to comprehend the operations of Limited Liability Companies and dispute resolution methods.

How to Form LLC in Indiana

Launching a Limited Liability Company in Indiana involves several key steps:

1. Choose a Unique Business Name: Your LLC’s name must be unique and distinguishable from existing businesses in Indiana. You can check the availability of your business name online using the Indian Secretary of State’s name check service. Once you’ve chosen a name, you can reserve it online through the same Secretary of State website tool you used to search your business name for a small fee for 120 days.
2. Appoint a Registered Agent: State law requires every LLC to have a registered agent with a physical address. This agent is responsible for receiving important legal and tax-related documents on behalf of your LLC.
3. File the Articles of Organization: You can submit your Articles of Organization online or by mail. This document includes essential information about your LLC, such as its name, purpose, and registered agent’s name and address.
4. Create an Operating Agreement: Although not required by the state, an Operating Agreement is highly recommended. It outlines your company’s operating procedures, including its members’ rights and responsibilities.
5. Apply for an EIN Number: Getting an EIN for your Indiana LLC is vital for tax purposes and bank account setup. Apply through the IRS website—it’s free, but ensure your Articles of Organization are approved first.

Indiana LLC Laws

• No State Income Tax: Indiana LLCs are considered pass-through entities for tax purposes, meaning the company doesn’t pay income taxes. Instead, the profits and losses are passed to the LLC owners, who report them on their tax returns.
• Annual Reporting Requirements: Indiana requires LLCs to file a biennial report with the Secretary of State. The report includes essential information about the company, such as its name, address, registered agent, and manager/member information.
• Registered Agent Requirement: Indiana law mandates that every Limited Liability Company must have a registered agent with a physical address. The registered agent is responsible for receiving important legal and tax-related documents on behalf of the LLC.
• Foreign LLC Registration: If your LLC was formed outside of Indiana and you wish to conduct business there, you must register as a foreign Limited Liability Company. The qualifications for a foreign LLC in Indiana include legal formation in another state or country and active business conduct in Indiana.
• Real Estate Considerations: When forming an LLC in Indiana, it’s crucial to understand the state’s business laws and regulations. These laws govern various aspects of your Limited Liability Company, including real estate transactions. 
• Employment Laws: Indiana has specific labor laws that LLCs must adhere to. These laws cover various aspects such as at-will employment, right-to-work laws, wage regulations, leave policies, workplace health and safety, hiring practices, termination, and final pay.