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Changes to Filings for Indiana Nonprofit Corporations or What Might Be the Least Sexy Topic You Read About All Day

Posted by Kim Williams on May 25, 2016 12:00:00 PM


Why is it that the most boring topics are the ones we always need to know about? I am fairly sure I couldn’t come up with a less interesting topic if I tried but...It is important.

The State of Indiana is adding new online services to businesses and nonprofit corporations. INBiz is a website where businesses can log on with one username and password to do business with multiple areas of government in the state of Indiana. Currently, the website offers Secretary of State services (SoS), but this fall, the Department of Workforce Development and Department of Revenue will also have services available on the site.

The new website also allows for ease of filing business entity reports. Beginning July 1, 2016, the filing schedule for Business Entity Reports for non-profit corporations will switch from an annual cycle to a biennial cycle. All nonprofit corporations will now file a Business Entity Report every other year as opposed to filing annually by the last day of the month in which the corporation was incorporated. Remember, failure to file a Business Entity Report may result in the administrative dissolution of the nonprofit corporation. As the report will only be made biennially, the filing fee will increase from $10 to $20. Because the biennial reporting cycle is being implemented mid-year, the reporting requirements vary depending on when a nonprofit corporation was incorporated.

For non-profit corporations formed between January 1 and June 30
Entities that were formed in January through June will file their last annual entity report in 2016. Those entities must file the entity report, accompanied by the $10 filing fee, by the end of the month in which the entity was formed. These entities will then file their first biennial report and pay the $20 filing fee in 2017. All of these entities will then file their next biennial report in 2019 and in each odd-numbered year going forward.

For non-profit corporations formed between July 1 and December 31
Entities that were formed in July through December will file their first biennial report in 2016. This report must be accompanied by the $20 filing fee and it must be filed by the end of the month in which in the entity was formed. These entities will then pay their next biennial report in 2018 and in each even-numbered year going forward.

Entities may securely file their required business entity reports online through the Secretary of State’s website. There is no longer an option to use an Access Indiana account. All online filings will now require credit card payment at the time of filing. The Secretary of State’s office does send a courtesy reminder regarding filing required business entity reports. These reminders are sent only via email so make sure your correct email address is on file with the SoS Business Entity Division.

In addition, several businesses have reported to the SoS receiving a deceptive letter that appears to come from an official government source. The letter solicits an annual fee of $125 and states it will be used for record keeping and processing of a company's annual minutes. It gives the appearance of coming from a legitimate government agency and cites state law. The letter is being sent under the business name INDIANA COUNCIL FOR CORPORATIONS. This is an assumed name (dba) registered with the Secretary of State for the Michigan corporation MANDATORY POSTER AGENCY, INC. Michigan Attorney General, Bill Schuette filed a lawsuit to permanently dissolve the MANDATORY POSTER AGENCY, INC. The lawsuit alleges the Fata brothers have been sending misleading and deceptive mailings to businesses in Michigan and across the country since 1999.

This letter is NOT an official correspondence from the Indiana SoS Business Services Division or any other Indiana state agency. If you received one of these solicitations, you are not required to respond to it. If you have already responded to such a letter, please call the Business Services Division at (317) 232-6576.

Fees for enhanced services with SoS and statutory fees will also increase on July 1.  Additional information on these fees can be found on the SoS website.

If you have made it all the way to this point without drifting off to sleep, congratulations! You now have the information necessary to keep your association out of trouble with the State of Indiana. Now go read something fun.

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Topics: Government Affairs, Nonprofit

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