An Indiana assumed name certificate is the filing that connects a business’s operating name to its legal owner under Indiana Code 23-0.5-3-4. Sole proprietors and general partnerships file a notarized certificate with the recorder in every county where they have an office. Corporations, LLCs, limited partnerships, and limited liability partnerships file with the Indiana Secretary of State through the INBiz portal. Failing to file is a Class B infraction, and most banks will not open an account under the assumed name without a recorded certificate.
Who Has to File
If you operate under any name other than your legal name, you generally need to file. The statute lists three exceptions.
- An individual whose business name includes their true surname. A freelance accountant named Sarah Mitchell operating as “Mitchell Bookkeeping” is exempt.
- A general partnership or similar group whose business name includes some or all of the members’ true surnames.
- A church, lodge, or association whose business is conducted by trustees under a written trust instrument recorded with the county recorder in every county where it operates.
LLCs, corporations, and nonprofit corporations are not on that list. If a nonprofit corporation operates under any name other than the one on its articles of incorporation, it needs to file.
Where to File in Indiana
The filing location depends on what type of business you run, and filing in the wrong place means you have not complied.
Sole Proprietors and General Partnerships
File with the county recorder in every county where you have a place of business or office.1Indiana General Assembly. Indiana Code 23-0.5-3-4 – Filing of Certificate of Assumed Name; Fees; Notice of Discontinuance of Use; Violation Operate in three counties, file in three. The certificate must be notarized before the recorder will accept it.2Indy.gov. Record a Doing Business As (DBA) Certificate Recording is typically available in person, by mail, or through an electronic portal, with submission options varying by county.
Limited liability partnerships do not file with the county. They file with the Secretary of State.
Corporations, LLCs, and Other Registered Entities
Corporations, LLCs, limited partnerships, and limited liability partnerships, whether domestic or foreign, file with the Indiana Secretary of State.3Indiana State Government. How do I file an Assumed Business Name (DBA) Businesses that file their formation documents with the state file their assumed names there too. Submit online through the INBiz portal by logging into your account and selecting “Assumed Name Filing” under the Secretary of State section.4Indiana State Government. How can I file an assumed business name/DBA/Doing business as
What Goes on the Certificate
The required content is the same wherever you file. Include the assumed name or names you intend to use and the full legal name and address of the individual, partnership, or entity doing business.1Indiana General Assembly. Indiana Code 23-0.5-3-4 – Filing of Certificate of Assumed Name; Fees; Notice of Discontinuance of Use; Violation For filing entities, the address is the principal office in Indiana.
One restriction catches people: the assumed name cannot include an entity indicator that conflicts with your actual entity type. An LLC cannot file an assumed name ending in “Inc.” or “Corp.” The narrow exception is an entity that has completed a conversion, domestication, or merger changing its type within the preceding twelve months.1Indiana General Assembly. Indiana Code 23-0.5-3-4 – Filing of Certificate of Assumed Name; Fees; Notice of Discontinuance of Use; Violation
How Much It Costs
Fees depend on where you file. County recorder fees are set by Indiana Code 36-2-7-10 and vary by county. Hancock County, as a reference point, charges $25 to record an assumed business name certificate.5Hancock County, IN. Assumed Business Name Most counties fall in a similar range. Check with your county recorder for the exact amount and accepted payment methods.
Filing entities using INBiz pay the Secretary of State’s base filing fee plus a processing fee added at checkout. The INBiz fee calculator lists a minimum processing fee of $1, not to exceed 2.15% of the total. Confirm the current base fee on the INBiz portal before you file, as it can change.
What Happens if You Skip the Filing
Operating under an unregistered assumed name is a Class B infraction under Indiana law.1Indiana General Assembly. Indiana Code 23-0.5-3-4 – Filing of Certificate of Assumed Name; Fees; Notice of Discontinuance of Use; Violation A Class B infraction carries a fine of up to $1,000. There is no jail exposure, and the penalty applies to individuals, corporations, LLCs, limited partnerships, and their foreign equivalents.
The practical consequences usually bite harder than the fine. Banks and lenders routinely require a recorded certificate before opening an account under the DBA name.5Hancock County, IN. Assumed Business Name Without it, you may not be able to deposit checks written to the business, accept card payments under the name, or open vendor accounts.
Ending or Changing an Assumed Name
When you stop using an assumed name, Indiana law requires you to file the appropriate notice. Individuals and general partnerships who filed with the county recorder must file a notice of dissolution before dissolving the business.1Indiana General Assembly. Indiana Code 23-0.5-3-4 – Filing of Certificate of Assumed Name; Fees; Notice of Discontinuance of Use; Violation To stop using the name while keeping the underlying business running, file a notice of discontinuance of use instead. In Marion County, the Dissolution of DBA form must be notarized before the recorder will accept it.6Indy.gov. Record a Dissolution of Doing Business As (DBA)
Filing entities can file a notice of discontinuance of use with the Secretary of State. The county recorder charges a fee for each dissolution or discontinuance notice, under the same fee schedule that applies to the original certificate.
What the Certificate Does Not Do
An assumed name certificate is a transparency filing, not a trademark. It does not give you exclusive rights to the name. Another business in a different county could file the same assumed name with its own recorder, and both filings would be valid. Before committing to a name, search the U.S. Patent and Trademark Office database and the Indiana Secretary of State’s business name records through INBiz. A valid certificate is no defense in a trademark dispute.
Filing a DBA also does not change your tax identity. A sole proprietor still reports business income on Schedule C using their Social Security number or existing EIN; the assumed name goes on the business name line. Adding a DBA is not a legal name change, so you generally do not need to notify the IRS just because you filed the certificate. If you actually change your business’s legal name, that is a separate process, and the IRS points business owners to Publication 1635 to determine whether a new EIN is required.7Internal Revenue Service. Business name change