Ind. Code ch. 23-0.5-2

Ind. Code ch. 23-0.5-2
in effect

Ind. Code § 23-0.5-2-1 Requirements; filing fee; biennial report

Sec. 1. (a) To be filed by the secretary of state under this article, an entity filing must be received by the secretary of state, comply with this article, and satisfy the following: (1) The entity filing must be required or permitted by this article. (2) The entity filing must be transferred to the secretary of state by hand, mail, or a form of electronic transmission meeting the requirements established by the secretary of state. (3) The entity filing must be legible, typewritten or printed, or, if electronically transmitted, in a format that can be retrieved in a reproduced or typewritten form, and otherwise suitable for processing. The words in the entity filing must be in English, and numbers must be in Arabic or Roman numerals, but the name of the entity need not be in English if written in English letters or Arabic or Roman numerals. (4) The entity filing must be signed by or on behalf of a person authorized to sign the filing. (5) The entity filing must state the name and capacity, if any, of each individual who signed it, either on behalf of the individual or the person authorized or required to sign the filing, but need not contain a seal, attestation, acknowledgment, or verification. (6) The entity filing may contain other information as well. (b) If law other than this article prohibits the disclosure by the secretary of state of information contained in an entity filing, the secretary of state shall file the entity filing if the filing otherwise complies with this article but may redact the information. (c) When an entity filing is delivered to the secretary of state for filing, any fee required under this article must be paid in a manner permitted by the secretary of state. (d) The secretary of state may require that an entity filing delivered in written form be accompanied by an identical or conformed copy. (e) If a person submits a biennial report on behalf of another person, the person submitting the biennial report shall take reasonable steps, including manual verification, the use of software or third party services to perform background or identification verification, or obtaining identifying documents from the person on whose behalf the biennial report is being submitted, such as: (1) a state issued driver's license; (2) a state issued identification card; or (3) a passport; to verify the identity of the person on whose behalf the submitting person is submitting the biennial report. (f) A person who submits a biennial report on behalf of another person under subsection (e) shall provide the information used by the submitting person to verify the identity of the person on whose behalf the biennial report is being submitted to the secretary of state upon request. As added by P.L.118-2017, SEC.5. Amended by P.L.96-2025, SEC.3.

Ind. Code § 23-0.5-2-2 Forms

Sec. 2. (a) The secretary of state may provide forms for entity filings required or permitted to be made by this article, but, except as otherwise provided in subsection (b), their use is not required. (b) The secretary of state may require that a cover sheet for an entity filing and a biennial report be on forms prescribed by the secretary of state. As added by P.L.118-2017, SEC.5.

Ind. Code § 23-0.5-2-3 Effective date and time of filing

Sec. 3. Except as otherwise provided in this article and subject to section 5(d) of this chapter, an entity filing is effective: (1) on the date and at the time of its filing by the secretary of state as provided in section 6(b) of this chapter; (2) on the date of filing and at the time specified in the entity filing as its effective time, if later than the time under subdivision (1); (3) if permitted by this article, at a specified delayed effective date and time, which may not be more than ninety (90) days after the date of filing; or (4) if a delayed effective date as permitted by this article is specified but no time is specified, at 12:01 a.m. on the date specified which may not be more than ninety (90) days after the date of filing. As added by P.L.118-2017, SEC.5.

Ind. Code § 23-0.5-2-4 Withdrawal of filed record; requirements

Sec. 4. (a) Except as otherwise provided in this article, a record delivered to the secretary of state for filing may be withdrawn before it takes effect by delivering to the secretary of state for filing a statement of withdrawal. (b) A statement of withdrawal must: (1) identify the record to be withdrawn; (2) be signed by each person that signed the record being withdrawn, except as otherwise agreed by those persons; and (3) if signed by fewer than all the persons that signed the record being withdrawn, state that the record is withdrawn in accordance with the agreement of all the persons that signed the record. (c) On filing by the secretary of state of a statement of withdrawal, the action or transaction evidenced by the original filed record does not take effect. As added by P.L.118-2017, SEC.5.

Ind. Code § 23-0.5-2-5 Correcting the record; effective date

Sec. 5. (a) A person on whose behalf a filed record was delivered to the secretary of state for filing may correct the record if: (1) the record at the time of filing was inaccurate; (2) the record was defectively signed; or (3) the electronic transmission of the record to the secretary of state was defective. (b) To correct a filed record, a person on whose behalf the record was delivered to the secretary of state must deliver to the secretary of state for filing articles of correction. (c) Articles of correction: (1) may not state a delayed effective date; (2) must be signed by the person correcting the filed record; (3) must identify the filed record to be corrected; (4) must specify the inaccuracy or defect to be corrected; and (5) must correct the inaccuracy or defect. (d) The articles of correction are effective: (1) except as described in subdivision (2), as of the effective date of the filed record corrected by the articles of correction; and (2) with respect to a person that: (A) relies on the uncorrected filed record; and (B) is adversely affected by the correction; when filed or when the reliance ceases to be reasonable, whichever occurs first. As added by P.L.118-2017, SEC.5. Amended by P.L.52-2018, SEC.2.

Ind. Code § 23-0.5-2-6 Filing of documents by secretary of state; refusal to file; appeal

Sec. 6. (a) The secretary of state shall file an entity filing delivered to the secretary of state for filing which satisfies this article. The duty of the secretary of state under this section is ministerial. (b) When the secretary of state files an entity filing, the secretary of state shall record it as filed on the date and at the time of its delivery. After filing an entity filing, the secretary of state shall deliver to the person that submitted the filing an electronic copy of the filing with an acknowledgment of the date and time of filing. (c) If the secretary of state refuses to file an entity filing, the secretary of state, not later than ten (10) business days after the filing is delivered, shall: (1) return the entity filing or notify the person that submitted the filing of the refusal; and (2) provide a brief explanation in a record of the reason for the refusal. (d) If the secretary of state refuses to file an entity filing, the person that submitted the filing may petition the circuit or superior court of the county where the entity's principal office (or, if none in Indiana, its registered office) is or will be located to compel its filing. The filing and the explanation of the secretary of state of the refusal to file must be attached to the petition. The court may decide the matter in a proceeding. (e) The secretary of state's filing or refusing to file a document does not: (1) affect the validity or invalidity of the document in whole or in part; (2) relate to the correctness or incorrectness of information contained in the document; or (3) create presumption that the document is valid or invalid or that information contained in the document is correct or incorrect. As added by P.L.118-2017, SEC.5. Amended by P.L.52-2018, SEC.3.

Ind. Code § 23-0.5-2-7 Certification of filed record

Sec. 7. A certification from the secretary of state accompanying a copy of a filed record is conclusive evidence that the copy is an accurate representation of the original record on file with the secretary of state. As added by P.L.118-2017, SEC.5.

Ind. Code § 23-0.5-2-8 Certificates of existence, registration, or fact; issuance

Sec. 8. (a) On request of any person, the secretary of state shall issue a certificate of existence for a domestic filing entity or a certificate of registration for a registered foreign entity. (b) A certificate issued under subsection (a) must state: (1) the domestic filing entity's name or the registered foreign entity's name used in Indiana; (2) in the case of a domestic filing entity: (A) that its public organic record has been filed and has taken effect; (B) the date the public organic record became effective; and (C) that the records of the secretary of state do not reflect that the entity has been dissolved; (3) in the case of a registered foreign entity, that it is registered to do business in Indiana; (4) that the most recent biennial report required by section 13 of this chapter has been delivered to the secretary of state for filing; and (5) that a proceeding is not pending under IC 23-0.5-5-11 or IC 23-0.5-6-2. (c) Subject to any qualification stated in the certificate, a certificate issued by the secretary of state under subsection (a) may be relied on as conclusive evidence of the facts stated in the certificate. (d) On the request from any person, the secretary of state shall issue a certificate of fact for a domestic filing entity or registered foreign entity. A certificate issued under this subsection must set forth any facts of record in the office of the secretary of state that may be requested by the applicant. As added by P.L.118-2017, SEC.5. Amended by P.L.52-2018, SEC.4.

Ind. Code § 23-0.5-2-9 Intentional signing of false document; sanctions

Sec. 9. (a) A person commits a Class A misdemeanor if the person signs a document that the person knows is false in a material respect with the intent that the document be delivered to the secretary of state for filing. (b) Any record filed under this article may be signed by an agent. Whenever this article requires a particular individual to sign an entity filing and the individual is deceased or incompetent, the filing may be signed by a personal representative of the individual on behalf of the individual. (c) A person that signs a record as an agent or legal representative thereby affirms as a fact that the person is authorized to sign the record. (d) A signature on a filing may be a facsimile. (e) A signature on a filing that is transmitted and filed electronically is sufficient if the person transmitting and filing the document: (1) 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) enters the filing party's name on the electronic form in a signature box or other place indicated by the secretary of state. As added by P.L.118-2017, SEC.5.

Ind. Code § 23-0.5-2-10 Failure to sign or deliver record; appeal

Sec. 10. (a) If a person required by this article to sign or deliver a record to the secretary of state for filing under this article does not do so, any other person that is aggrieved may petition the circuit or superior court of the county where the entity's principal office (or, if none in Indiana, its registered office) is or will be located to order: (1) the person to sign the record; (2) the person to deliver the record to the secretary of state for filing; or (3) the secretary of state to file the record unsigned. (b) If the petitioner under subsection (a) is not the entity to which the record pertains, the petitioner shall make the entity a party to the action. (c) A record filed under subsection (a)(3) is effective without being signed. As added by P.L.118-2017, SEC.5.

Ind. Code § 23-0.5-2-11 Liability; recovery of damages

Sec. 11. If a record delivered to the secretary of state for filing under this article and filed by the secretary of state contains inaccurate information, a person that suffers a loss by reliance on the information may recover damages for the loss from a person that signed the record or caused another to sign it on the person's behalf and knew at the time the record was signed that the information was inaccurate. As added by P.L.118-2017, SEC.5.

Ind. Code § 23-0.5-2-12 Delivery of records

Sec. 12. Except as otherwise provided by IC 23-0.5-4-11 or by law of Indiana other than this article, the secretary of state may deliver a record to a person by delivering it: (1) in person to the person that submitted it for filing; (2) to the address of the person's registered agent; (3) to the principal office address of the person; or (4) to another address the person provides to the secretary of state for delivery. As added by P.L.118-2017, SEC.5.

Ind. Code § 23-0.5-2-12.5 "Health care entity"

Sec. 12.5. (a) As used in sections 13 and 14 of this chapter, "health care entity" means any organization or business that provides health care services. The term does not include the following: (1) A hospital. (2) An insurer (as defined in IC 27-1-4.5-2). (3) A pharmacy benefit manager (as defined in IC 27-1-4.5-3). (4) A third party administrator (as defined in IC 27-1-4.5-4). (5) A person or entity that does not accept commercial health insurance reimbursement. (b) As used in this section, "health care services" means any diagnostic, medical, surgical, dental treatment, or rehabilitative care for the purpose of preventing, alleviating, curing, or healing human illness or injury. As added by P.L.239-2025, SEC.6.

Ind. Code § 23-0.5-2-13 Biennial report; contents; delivery; statement of change

Sec. 13. (a) A domestic filing entity or registered foreign entity shall deliver to the secretary of state for filing a biennial report that states: (1) the name of the entity and, if a registered foreign entity, its jurisdiction of formation; (2) the information required by IC 23-0.5-4-3(b); (3) the street address of the entity's principal office; (4) for a corporation, the names and business addresses of its directors, secretary, and the highest executive office of the corporation; (5) for a nonprofit corporation, the names and business or resident addresses of its directors, secretary, and highest executive office; and (6) for a health care entity, the information required under section 14 of this chapter. (b) Information in a biennial report must be current as of the date the report is signed by the entity. (c) The biennial report must be delivered to the secretary of state for filing every two (2) calendar years on a schedule determined by the secretary of state. The secretary of state may accept biennial reports during the ninety (90) days before the month in which the biennial report is due. (d) If a biennial report does not contain the information required by this section, the secretary of state shall promptly notify the reporting entity in a record and return the report for correction. If the report is corrected to contain the information required by this section and delivered to the secretary of state within thirty (30) days after the effective date of notice, the report is considered to be timely filed. (e) If a biennial report contains information required by IC 23-0.5-4-3(b) which differs from the information shown in the records of the secretary of state immediately before the report becomes effective, the differing information is considered a statement of change under IC 23-0.5-4-7. (f) A biennial report filed under this section may not specify a future effective date. (g) If a person submits a biennial report on behalf of another person, the person submitting the biennial report shall take reasonable steps, including manual verification, the use of software or third party services to perform background or identification verification, or obtaining identifying documents from the person on whose behalf the biennial report is being submitted, such as: (1) a state issued driver's license; (2) a state issued identification card; or (3) a passport; to verify the identity of the person on whose behalf the submitting person is submitting the biennial report. (h) A person who submits a biennial report on behalf of another person under subsection (g) shall provide the information used by the submitting person to verify the identity of the person on whose behalf the biennial report is being submitted to the secretary of state upon request. As added by P.L.118-2017, SEC.5. Amended by P.L.52-2018, SEC.5; P.L.96-2025, SEC.4; P.L.239-2025, SEC.7.

Ind. Code § 23-0.5-2-14 Required reporting of ownership information by a health care entity

Sec. 14. (a) Each health care entity that does business in Indiana shall report the following information as part of the report under this chapter: (1) The name of each person or entity that has: (A) either: (i) an ownership interest of at least five percent (5%); or (ii) if the person is a practitioner of the health care entity, any ownership interest; (B) a controlling interest; or (C) an interest as a private equity partner; in the health care entity. (2) The business address of each person or entity identified under subdivision (1). The business address must include a: (A) building number; (B) street name; (C) city name; (D) ZIP code; and (E) country name. The business address may not include a post office box number. (3) The business website, if applicable, of each person or entity identified under subdivision (1). (4) Any of the following identification numbers, if applicable, for a person or entity identified under subdivision (1): (A) National provider identifier (NPI). (B) Taxpayer identification number (TIN). (C) Employer identification number (EIN). (D) CMS certification number (CCN). (E) National Association of Insurance Commissioners (NAIC) identification number. (F) A personal identification number associated with a license issued by the department of insurance. (5) The ownership stake of each person or entity identified under subdivision (1). (6) Whether the health care entity is a Medicaid provider and, if so, whether the health care entity accepted Medicaid recipients during a majority of the preceding two (2) calendar years. A report provided under this section may not include the Social Security number of any individual. (b) The secretary of state shall cooperate with the Indiana department of health and the department of insurance to develop and implement a plan to collect the information described in this section. (c) In carrying out the secretary of state's duties under this section, the secretary of state shall operate within existing appropriations for the secretary of state. As added by P.L.239-2025, SEC.8.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/23Fetched: 10/17/2026

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