Sec. 10.1. (a) As used in this section, “trust” means a:
(1) domestic business trust; or
(2) foreign business trust;
as defined in section 2 of this chapter.
(b) Each trust authorized to transact business in Indiana shall deliver a biennial report to the secretary of state for filing that sets forth the following:
(1) The name of the trust and the state or country under whose law the trust is created.
(2) The address of the trust’s registered office and the name of its registered agent at that office in Indiana.
(3) The address of the trust’s principal office.
(c) When a biennial report is filed, it must be accompanied by the following:
(1) A verified list of the names and addresses of the trustees of the business trust.
(2) Executed copies of all amendments to:
(A) the original trust instrument; and
(B) amendments to the trust instrument that:
(i) were adopted not later than December 31 of the preceding year; and
(ii) have not been filed under section 7 of this chapter.
(3) A fee of fifteen dollars ($15) per year to be paid biennially.
(d) Information in the biennial report must be current as of the date the biennial report is executed on behalf of the trust.
(e) The first biennial report must be delivered to the secretary of state in the second year following the calendar year in which a domestic business trust was created or a foreign business trust was authorized to transact business. The biennial report is due during the same month as the month in which the trust was created or authorized to transact business.
(f) Subsequent biennial reports must be delivered to the secretary of state every second year following the year in which the last biennial report was filed. The secretary of state may accept reports during the two (2) months before the month that they are due.
(g) If a biennial report does not contain the information required by this section, the secretary of state shall promptly notify the reporting trust in writing and return the report to it for correction. If the report is corrected to contain the information required by this section and delivered to the secretary of state within thirty (30) days after the effective date of notice, it is considered to be timely filed.
As added by P.L.34-1997, SEC.15.
Structure Indiana Code
Title 23. Business and Other Associations
Article 5. Other Business Associations
Chapter 1. Indiana Business Trust Act
23-5-1-3. Business Trust Created Prior to Chapter
23-5-1-4. Required Filings; Recordation
23-5-1-5. Application and Filing Fees
23-5-1-6. Conditions Precedent to Beginning Business; Liability for Violations
23-5-1-7. Amendments to Trust Instruments; Filing; Fees; Recordation
23-5-1-8. Powers; Construction of Instruments; Terms and Conditions; Binding Effect
23-5-1-9. Applicability of General Corporate Laws
23-5-1-9.1. Adoption of Provisions of General Corporate Law
23-5-1-10.1. Biennial Report; Fee
23-5-1-11. Surrender of Authority to Transact Business; Closing Out Business; Effect of Withdrawal