Note: This version of section effective until 1-1-2018. See also following repeal of this chapter, effective 1-1-2018.

1. (1) Be filed in the office of the secretary of state.
2. (2) Contain the information required by this article.
3. (3) Be typewritten or printed.
4. (4) Be legible.
5. (5) Be in English. However, a corporate name need not be in English if written in English letters or Arabic or Roman numerals, and the certificate of existence required of foreign corporations need not be in English if accompanied by a reasonably authenticated English translation.

6. (6) Be signed:

   1. (A) by the presiding officer of the board of directors of a domestic or foreign corporation, the corporation's president, or by another of the corporation's officers;
   2. (B) if directors have not been selected or the corporation has not been formed, by an incorporator;
   3. (C) if the corporation is in the hands of a receiver, trustee, or other court appointed fiduciary, by the fiduciary; or

   4. (D) for purposes of biennial reports, by:

      1. (i) a registered agent;
      2. (ii) a certified public accountant; or

      3. (iii) an attorney;

         employed or retained by the business entity.

7. (7) Be signed by the person executing the document and state beneath or opposite the person's signature name the capacity in which the person signs. A signature on a document authorized to be filed under this article may be a facsimile. A signature on a document under this subdivision that is transmitted and filed electronically is sufficient if the person transmitting and filing the document:

   1. (A) has the intent to file the document as evidenced by a symbol executed or adopted by a party with present intention to authenticate the filing; and
   2. (B) enters the filing party's name on the electronic form in a signature box or other place indicated by the secretary of state.

   3. (b) A document may contain the following:

      1. (1) A corporate seal.
      2. (2) An attestation by a secretary or an assistant secretary.
      3. (3) An acknowledgement, a verification, or a proof.
   4. (c) If the secretary of state has prescribed a mandatory form for a document under section 2 of this chapter, the document must be in or on the prescribed form.
   5. (d) A document must be delivered to the office of the secretary of state for filing as described in section 1.1 of this chapter and must be accompanied by the correct filing fee. The filing fee must be paid in the manner and form required by the secretary of state.
   6. (e) The secretary of state may accept payment of the correct filing fee by credit card, debit card, charge card, or similar method. However, if the filing fee is paid by credit card, debit card, charge card, or similar method, the liability is not finally discharged until the secretary of state receives payment or credit from the institution responsible for making the payment or credit. The secretary of state may contract with a bank or credit card vendor for acceptance of bank or credit cards. However, if there is a vendor transaction charge or discount fee, whether billed to the secretary of state or charged directly to the secretary of state's account, the secretary of state or the credit card vendor may collect from the person using the bank or credit card a fee that may not exceed the highest transaction charge or discount fee charged to the secretary of state by the bank or credit card vendor during the most recent collection period. This fee may be collected regardless of any agreement between the bank and a credit card vendor or regardless of any internal policy of the credit card vendor that may prohibit this type of fee. The fee is a permitted additional charge under IC 24-4.5-3-202 .

Sec. 1. (a) To be entitled to be filed by the secretary of state under this article, a document must meet the following conditions:

As added by P.L.179-1991, SEC.1. Amended by P.L.228-1995, SEC.23; P.L.11-1996, SEC.25; P.L.277-2001, SEC.20; P.L.40-2013, SEC.4; P.L.119-2015, SEC.63.