Riley Bennett Egloff Magazine April 2018 | Page 5

dissolved or revoked for fi ve (5) years or more may not be reinstated. However, for entities that have already been administratively dissolved or revoked for more than fi ve (5) years, the Secretary of State’s offi ce will briefl y accept applications for reinstatement through July 31, 2018 2. LP and LLPs now fi le business entity reports. • For all LP/LLPs formed before January 1, 2018, their fi rst report is due by the end of the month of formation in 2019 • Any new LP/LLP formed on or after January 1, 2018 must fi le its report every two (2) years 3. Business names will be more restricted. • The name for any new: domestic entities, foreign entities authorized to do business in Indiana, reserved names, or assumed names, must be distinguishable on the records from the name of any existing: domestic entity, foreign entity registered to do business in Indiana, reserved name, assumed name, and even domestic entity that has been administratively dissolved for less than one hundred (120) days • With these new and stricter rules on naming, it will be more important to confi rm availability of a name prior to fi ling • And if a business wants to use the work “bank” (or derivative thereof) in its name, expect a delay in formation because the Secretary of State’s offi ce must forward the information to the Department of Financial Institutions for review 4. New commercial registered agent (“CRA”) designation. • Individual and organizations (e.g. law fi rms, accounting fi rms, etc.) can obtain this new designation by completing an application process • INBiz will then provide those with this new designation an online portal where they can monitor and make changes to their contact information for all entities for which they serves as registered agent 5. Additional new provisions to Title 23. • The “HUB” I.C. 23-0.5 o Includes standard rules for all entity types related to fi lings, names, registered agents, foreign entities, administrative dissolutions and various other miscellaneous provisions • “META” I.C. 23-0.6 o Includes new and consolidated provisions addressin g mergers, interest exchanges, conversions and domestications as to certain entity types P.L. 118-2017 P.L. 52-2018 3 Administrative Dissolution/Revocation Update, IN.gov (April 25, 2018), http://www.in.gov/sos/business/fi les/ Administrative%20Dissolution%20Revocation%20 outreach%20draft.pdf. 4 Applications for Reinstatement, IN.gov (April 25, 2018), http://www.in.gov/sos/business/files/Reinstatement%20 Outreach.pdf. 1 2 RBELAW.com 5