Indiana Amendment to Operating Agreement

State:
Multi-State
Control #:
US-OG-763
Format:
Word; 
Rich Text
Instant download

Description

This form is used when the Owners, by unanimous consent, desire to amend the Operating Agreement.

How to fill out Amendment To Operating Agreement?

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FAQ

LLC. To make amendments to the Articles of Organization of your Indiana LLC, you will have to file 2 copies of the completed Articles of Amendment of the Articles of Organization with the Secretary of State. You can submit online, in person, by mail, or express mail. You will also need to pay the $20 or $30 filing fee.

Single member LLCs are treated the same as sole proprietorships. Profits are reported on Schedule C as part of your individual 1040 tax return. Self-employment taxes on Indiana LLC net income must be paid just as you would with any self-employment business.

But good news: Indiana doesn't require a general license to do business in the state. Meaning, your Indiana LLC doesn't need a general state business license. But depending on what type of business you run, your LLC might need an occupational license.

An operating agreement is a company document detailing the LLC's management structure. The articles of organization is a public record whereas your operating agreement is an internal business document. Indiana does not require your LLC to have an operating agreement.

The document required to form an LLC in Indiana is called the Articles of Organization. The information required in the formation document varies by state. Indiana's requirements include: Registered agent.

Essentially, you need to clearly discuss changes with other members or managers to get consent. Once that's done, you update the agreement, get it signed and use it for future decisions. The process you choose to follow is up to you, and you can update your Operating Agreement whenever you think it's necessary.

To make amendments to your Indiana Articles of Incorporation, you provide Indiana form 38333, Articles of Amendment of the Articles of Incorporation to the Indiana Secretary of State (SOS). You can file the amendment online (see link below).

Indiana state law does not mandate that LLCs adopt an operating agreement. Indiana state code § 23-18-4-5 states that LLCs may enter into an operating agreement but does not require them to do so. Even so, it is in your company's best interest to have a written operating agreement.

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Indiana Amendment to Operating Agreement