Indiana: Assumed-Name (DBA) Registration Requirements
The short answer
Indiana splits assumed-name filings by business type. An individual or ordinary general partnership files with the recorder of every county where it has an office, while a corporation, LLC, limited partnership, LLP, or other filing entity files statewide with the Secretary of State. There is no newspaper-publication step or fixed renewal term; fees depend on the route, and violating the filing rule is a Class B infraction.
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This is the general rule in Indiana. Ezel applies current Indiana law to your specific facts and answers with citations to the statutes.
| Governing law and scheme | Dual scheme under Ind. Code § 23-0.5-3-4: individuals and general partnerships use county recorders; filing entities use the Secretary of State |
|---|---|
| Who must register | An individual or ordinary general partnership using a name other than its real name, and a filing entity using a name other than the name in its organic record (§ 23-0.5-3-4(a), (e)). Surname and recorded-trust exemptions apply (§ 23-0.5-3-4(i)) |
| Filing office | Individual/general partnership: recorder of each county where it has a place of business or office. Filing entity: Indiana Secretary of State only (§ 23-0.5-3-4(a), (e)); the state FAQ confirms Secretary-of-State entities do not file at county level |
| Filing deadline | No numeric grace period. Section 23-0.5-3-4 applies while the business is conducting or transacting business under the assumed name |
| Publication requirement | None — § 23-0.5-3-4 requires the certificate but contains no newspaper notice or proof-of-publication step |
| Filing fee | Secretary of State: per name, $20 electronic/$30 nonelectronic for a for-profit entity; $10/$26 for a nonprofit (§ 23-0.5-9-40). County: $25 base recording fee, subject to any authorized county housing surcharge (§ 36-2-7-10(c)) |
| Term and renewal | No fixed expiration or periodic renewal stated. A filer may record a discontinuance; a county filer must record a dissolution notice before dissolving (§ 23-0.5-3-4(c), (g)) |
| Name exclusivity | Secretary-of-State assumed names must be distinguishable on the state records, subject to consent (§ 23-0.5-3-1(a)–(b)). The county-recording provisions create an index but state no comparable exclusive right (§ 23-0.5-3-4(b)) |
| Penalty for noncompliance | Class B infraction (§ 23-0.5-3-4(j)); a court may enter a judgment up to $1,000 for a Class B infraction (§ 34-28-5-4(b)) |
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Requirements one by one
Two filing routes, based on who owns the business
Indiana does not make every DBA registrant use the same office. An individual
or ordinary general partnership must record a certificate in "each county in
which a place of business or an office" is located (§ 23-0.5-3-4(a)). A filing
entity—such as a corporation, LLC, limited partnership, or LLP—files with the
Secretary of State instead when it uses a name other than the one in its
organic record (§ 23-0.5-3-4(e)). The state government's FAQ confirms that an
entity in the second group does not also file its assumed name with a county.
The certificate states the assumed name plus the filer's full name and address.
For an entity filing, the address is its principal office in Indiana. Individuals
using a designation that includes their true surname are exempt, as are covered
multi-owner businesses whose designation includes some or all owners' true
surnames (§ 23-0.5-3-4(i)).
Different fees for county and state filings
The county route uses the recorder's statutory fee schedule. Under
§ 36-2-7-10(b), that schedule controls, and subsection (c)(1) sets a $25 base
charge for recording a nonmortgage instrument, though the same section permits
specified county housing-fund surcharges. The statewide fee is per assumed
name: a for-profit entity pays $20 electronically or $30 by another method; a
nonprofit pays $10 electronically or $26 otherwise (§ 23-0.5-9-40).
State-record distinguishability is not one statewide rule for every filer
An assumed name registered by a filing entity must be distinguishable on the
Secretary of State's records, subject to another entity's consent
(§ 23-0.5-3-1(a)–(b)). The county provisions instead direct the recorder to keep
an alphabetical index of certificates (§ 23-0.5-3-4(b)); they do not grant the
county filer the same record-level exclusivity.
What trips people up
- A state-registered entity does not make a second county filing. The
county route is for individuals and ordinary general partnerships; filing
entities use the Secretary of State route. - There is no statutory publication or five-year renewal cycle. The
governing section states what to file and where, but does not require a
newspaper notice, set an expiration date, or require periodic renewal. A
filer may record a discontinuance under § 23-0.5-3-4(g), and a county filer
must record a notice before dissolving under subsection (c). - The statute does not give a numbered after-start grace period. Its duty
applies to a covered person or entity conducting or transacting business
under the other name. - Noncompliance is an infraction. Section 23-0.5-3-4(j) classifies a
violation as a Class B infraction, for which § 34-28-5-4(b) permits a judgment
up to $1,000.
Common questions
Does using my surname avoid the filing? For an individual, yes, when the
business designation includes the individual's true surname. The statute also
has a surname exemption for a non-individual person whose designation includes
some or all of the true surnames of its individual members.
What if I stop using the assumed name? Section 23-0.5-3-4(g) lets a filer
record a notice of discontinuance with the Secretary of State or the recorder's
office where the original certificate was filed or transferred. The Secretary
of State charges no cancellation fee under § 23-0.5-9-41.
Statutes and sources
- Ind. Code § 23-0.5-3-4 — covered filers, county-versus-state office,
certificate contents, exemptions, discontinuance, and Class B infraction.
Official 2026 chapter PDF (accessed 2026-07-25). - Ind. Code § 23-0.5-3-1 — distinguishability and consent for an assumed
name on the Secretary of State's records. Official 2026 chapter PDF (accessed 2026-07-25). - Ind. Code § 23-0.5-9-40 — Secretary of State assumed-name filing fees.
Official 2026 chapter PDF (accessed 2026-07-25). - Ind. Code § 36-2-7-10 — county recorder base fee and authorized county
surcharges. Official 2026 chapter PDF (accessed 2026-07-25). - Ind. Code § 34-28-5-4 — maximum judgment for a Class B infraction.
Official 2026 chapter PDF (accessed 2026-07-25). - Indiana state government assumed-name FAQ — practical confirmation of
the Secretary-of-State-only route for filing entities. Official FAQ (accessed 2026-07-25).
Source links
Every statute quoted above, linked, with the date we checked it.
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