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Does An Atm Need Registered With The State Of Indiana

Do I Need to Register My Business organization in Indiana?

Law BooksIf yous own a for turn a profit corporation formed in a state other than Indiana and are conducting business in Indiana, you lot likely own a "strange corporation" that must obtain potency to behave business organization in the state.  Indiana law clearly states that a "strange corporation may not transact business in Indiana until the corporation obtains a certificate of authority from the secretarial assistant of land."  Fortunately, that is an easy procedure and relatively cheap.

Some activities do not constitute "transacting business concern" in Indiana within the meaning of the Indiana statute.  Accordingly, no certificate of authority would be required for these activities of a foreign corporation-

  1. Maintaining, defending, or settling a proceeding (a lawsuit).
  2. Holding meetings of the lath of directors or members or carrying on other activities concerning internal corporate diplomacy.
  3. Maintaining bank accounts.
  4. Maintaining offices or agencies for the transfer, exchange, and registration of memberships or securities or maintaining trustees or depositaries with respect to the securities.
  5. Selling through independent contractors.
  6. Soliciting or obtaining orders, past postal service or through employees or agents, if the orders require acceptance outside of Indiana before the orders become contracts.
  7. Making loans or otherwise creating or acquiring indebtedness, mortgages, and security interests in existent or personal holding.
  8. Securing or collecting debts or enforcing mortgages and security interests in property securing the debts.
  9. Owning real or personal property.
  10. Conducting an isolated transaction that is completed within thirty (thirty) days and that is not in the course of repeated transactions of a similar nature.
  11. Transacting business in interstate commerce.
  12. Soliciting funds if otherwise authorized by Indiana police force.

Generally, a foreign corporation that conducts business organization in Indiana without a certificate of potency may not maintain a proceeding in an Indiana court until the foreign corporation obtains a certificate of authority.  And then, the foreign entity would have no recourse in Indiana, until information technology had registered with the Secretary of State.  Worse yet, a foreign corporation can be held liable for a civil penalization of not more ten chiliad dollars ($10,000) if the strange corporation transacts business organization in Indiana without a certificate of authorisation. The Indiana Attorney General may collect these penalties.

The failure of a strange corporation to obtain a certificate of authority does not invalidate contracts or other acts of the foreign corporation.  Nor does the lack of a certificate forestall a strange corporation from defending itself in a proceeding in Indiana.  That could be a civil lawsuit or administrative action.

A strange corporation may utilise for a certificate of authority to transact business in Indiana by delivering an awarding to the secretary of state. The application must contain bones data about the corporation and can exist completed online at the Indiana Secretary of Land'southward website.  An amended certificate of authority must be filed to reflect changes in the strange corporation, such as changes in–

  • The corporate name.
  • The period of the foreign corporation's duration.
  • The land or country of the foreign corporation'south incorporation.

A certificate of authorisation authorizes the strange corporation to transact business in Indiana and is treated the same under the constabulary as an entity formed in Indiana.  The Land tin can revoke the document nether certain conditions.


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Source: https://indianavirtuallaw.com/law-library/do-i-need-to-register-my-business-in-indiana/

Posted by: hawkunflithen90.blogspot.com

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