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IC 23-15-1-1
Filing of certificate of assumed name; record; applicability to
corporations; fees
Sec. 1. (a) Except as otherwise provided in section 2 of this
chapter, a person or general partnership conducting or transacting
business in Indiana under a name, designation, or title other than the
real name of the person or general partnership conducting or
transacting the business shall file for record, in the office of the
recorder of each county in which a place of business or an office of
the person or general partnership is situated, a certificate stating the
assumed name or names to be used and the full name and address of
the person or general partnership engaged in or transacting business.
(b) The recorder shall keep a record of the certificates filed under
this section and shall keep an index of the certificates showing, in
alphabetical order, the names of the persons and general partnerships
having certificates on file in the recorder's office, and the assumed
name or names which they intend to use in carrying on their
businesses as shown by the certificates.
(c) Before the dissolution of any business for which a certificate
is on file with the recorder, the person or general partnership to
which the certificate appertains shall file a notice of dissolution for
record in the recorder's office.
(d) The county recorder shall charge a fee in accordance with
IC 36-2-7-10 for each certificate, notice of dissolution, and notice of
discontinuance of use filed with the recorder's office and recorded
under this chapter. The funds received shall be receipted as county
funds the same as other money received by the recorders.
(e) Except as provided in section 2 of this chapter:
(1) a corporation conducting business in Indiana under a name,
designation, or title other than the name of the corporation as
shown by its articles of incorporation;
(2) a foreign corporation conducting business in Indiana under
a name, designation, or title other than the name of the foreign
corporation as shown by its application for a certificate of
authority to transact business in Indiana;
(3) a limited partnership conducting business in Indiana under
a name, designation, or title other than the name of the limited
partnership as shown by its certificate of limited partnership;
(4) a foreign limited partnership conducting business in Indiana
under a name, designation, or title other than the name of the
limited partnership as shown by its application for registration;
(5) a limited liability company conducting business in Indiana
under a name, designation, or title other than as shown by its
articles of organization;
IC 23-15-1-2
Exceptions
Sec. 2. This chapter does not apply to:
(1) a person doing business under a name, designation, or title
that includes the true surnames of the person or, if the person is
not an individual, some or all of the true surnames of the
individuals comprising the person; and
(2) a church, a lodge, or an association the business of which is
conducted or transacted by trustees under a written instrument
or declaration of trust that is recorded in the recorder's office of
each county in which the business is conducted or transacted.
(Formerly: Acts 1909, c.151, s.2; Acts 1965, c.241, s.2.) As amended
by P.L.34-1987, SEC.394; P.L.226-1989, SEC.21.
IC 23-15-1-3
Violation
Sec. 3. A person, corporation, foreign corporation, limited liability
company, foreign limited liability company, limited partnership, or
foreign limited partnership that violates this chapter commits a Class
B infraction.
(Formerly: Acts 1909, c.151, s.3; Acts 1965, c.241, s.3.) As amended
by Acts 1978, P.L.2, SEC.2324; P.L.226-1989, SEC.22; P.L.8-1993,
SEC.328.
IC 23-15-1-4
Compliance with former act
Sec. 4. Compliance with the requirements Acts 1941, c.192, prior
to July 8, 1965, shall be deemed compliance with this chapter.
(Formerly: Acts 1965, c.241, s.6.) As amended by P.L.34-1987,
SEC.395.
IC 23-15-1-5
"Person" defined
Sec. 5. As used in this chapter, "person" means an individual,
association, or other legal entity. The term does not include a:
(1) corporation (as defined in IC 23-1-20-5);
(2) foreign corporation (as defined in IC 23-1-20-11);
(3) foreign limited partnership (as defined in IC 23-16-1-6);