Note: This version of section effective until 1-1-2018. See also following version of this section, effective 1-1-2018.
(1) File a registration with the secretary of state in a form determined by the secretary of state that satisfies the following:
(A) Is signed by one (1) or more partners authorized to sign the registration. A signature on a document under this clause that is transmitted and filed electronically is sufficient if the person transmitting and filing the document:
- (i) 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
- (ii) enters the filing party's name on the electronic form in a signature box or other place indicated by the secretary of state.
(B) States the name of the limited liability partnership, which must:
- (i) contain the words "Limited Liability Partnership" or the abbreviation "L.L.P." or "LLP" as the last words or letters of the name; and
- (ii) be distinguishable upon the records of the secretary of state from the name of a limited liability partnership or other business entity registered to transact business in Indiana.
- (C) States the address of the partnership's principal office.
- (D) States the name of the partnership's registered agent and the address of the partnership's registered office for service of process as required to be maintained by section 50 of this chapter.
- (E) Contains a brief statement of the business in which the partnership engages.
- (F) States any other matters that the partnership determines to include.
- (G) States that the filing of the registration is evidence of the partnership's intention to act as a limited liability partnership.
(2) Except as provided in subdivision (3), file a registration fee with the registration in the amount of:
- (A) ninety dollars ($90), if the registration is filed before July 1, 2016; or
- (B) one hundred dollars ($100), if the registration is filed after June 30, 2016.
- (3) If the registration required under subdivision (1) is filed electronically, file a filing fee of seventy-five dollars ($75).
- (b) The secretary of state shall grant limited liability partnership status to any partnership that submits a completed registration with the required fee.
- (c) Registration is effective and a partnership becomes a limited liability partnership on the date a registration is filed with the secretary of state or at any later date or time specified in the registration. The registration remains effective until it is voluntarily withdrawn by filing with the secretary of state a written withdrawal notice under section 45.2 of this chapter.
- (d) The status of a partnership as a limited liability partnership and the liability of a partner of a limited liability partnership is not adversely affected by errors or subsequent changes in the information stated in a registration under subsection (a).
- (e) A registration on file with the secretary of state is notice that the partnership is a limited liability partnership and is notice of all other facts set forth in the registration.
Sec. 45. (a) To qualify as a limited liability partnership, a partnership under this chapter must do the following:
As added by P.L.230-1995, SEC.10. Amended by P.L.11-1996, SEC.21; P.L.34-1997, SEC.8; P.L.277-2001, SEC.6; P.L.178-2002, SEC.101; P.L.60-2007, SEC.2; P.L.40-2013, SEC.2; P.L.213-2015, SEC.246.