Indiana Benefit Corporations: Filing Your Benefit Report

This post was originally made in March 2019 and was updated on February 19, 2021.

Indiana benefit corporations are required to file an annual benefit report with the Indiana Secretary of State. Ind. Code §23-1.3-10-6(a). (This report is distinct from the biennial entity report that all corporations are required to file.) The annual benefit report filed with the Indiana Secretary of State should be the same as the report delivered to the corporation’s shareholders, except that it is not required to contain the compensation information paid to the corporation’s directors, or other proprietary information. Id. The annual benefit report is due either at the same time that the annual report is given to shareholders, or not later than 120 days after the end of the corporation’s fiscal year, whichever is earlier. Ind. Code §23-1.3-10.4. The required contents of the annual benefit report are outlined in Ind. Code §23-1.3-10-1.

As of the date of updating this post in February 2021, no information exists on the Indiana Secretary of State’s InBiz website about how to file a benefit corporation’s benefit report. As of February 2021, this practitioner has found that all benefits corporation related filings are still required to be submitted by mail to the Indiana Secretary of State.

Based on this author’s receipt of information from the Indiana Secretary of State in March 2019, benefit reports should be filed by mail to: Business Corporations Division, Secretary of State, 302 West Washington Street, Room E018, Indianapolis, Indiana, 46204. The mailing should include a cover letter stating that it is an annual benefit report of the corporation and a filing fee of $15.00 should be enclosed. The fee charged to file the benefits report is set forth in Ind. Code §23-0.5-9-6.

It is always wise to call the Business Services Division directly at (317) 234-9768 to verify its current policies, addresses, and filing fees. Not all representatives may be familiar with the benefit corporation requirements, so it may be helpful to reference those sections of the Indiana Code to help explain your question.

Please note that the above information could be changed by the Indiana legislature or the Indiana Secretary of State, and that this summary is only being provided here as a convenience to readers. We assume no liability or responsibility for the continued accuracy of the above information.