January 4, 2018
Beginning January 1, 2018, Indiana professional corporations (“PCs”) will no longer be required to apply for a certificate of registration or renew such certificate of registration with the Indiana Professional Licensing Agency (“PLA”).
House Enrolled Act 1308 (“HEA 1308”) went into effect January 1, 2018 and repealed certain Indiana laws related to PCs. Specifically, HEA 1308 repealed Indiana Code Sections 23-1.5-2-9 and 23-1.5-2-10 which required PCs to apply for a certificate of registration with the PLA prior to seeking a certificate of incorporation from the Secretary of State, and to renew that certificate of registration with the PLA biennially on January 31 of even numbered years.
In effect, PCs that would have been required to renew the certificate of registration on January 31, 2018 will not be required to renew the certificate. HEA 1308 also repealed Indiana Code Section 23-1.5-3-6 which required PCs to notify the PLA of any change in ownership of the PC’s shares within 30 days of the change.
PCs are advised to now work directly with the Secretary of State’s office for the requirements to incorporate a PC and to maintain compliance with other business entity requirements. HEA 1308 can be accessed here.
If you have any questions regarding HEA 1308 or other health care business entity questions, please contact Thomas N. Hutchinson at firstname.lastname@example.org or your regular Krieg DeVault attorney.