United States · Indiana

Directors' resolutions requirements in Indiana (IBCL)

What a Indiana corporation must know about directors' resolutions requirements under Indiana Business Corporation Law, IC § 23-1-17 et seq..

Governing statute
Indiana Business Corporation Law, IC § 23-1-17 et seq.
IC § 23-1-34-5Action without meeting
IC § 23-1-34-4Meetings
IC § 23-1-35-2Conflict-of-interest
IC § 23-1-35-1Duty of directors
At a glance
  • Action by unanimous written consent in lieu of a meeting is permitted under all 50 states' MBCA-framework statutes
  • Effective on the date of the last signature, unless otherwise specified
  • Conflict-of-interest rules require disclosure plus safe-harbor approval
  • Resolutions filed in the corporate records; available for shareholder inspection under state rules
  • Electronic signatures permitted under each state's UETA-equivalent legislation

What the IBCL requires

Indiana Code § 23-1-34-5 permits Indiana corporations to act by unanimous written consent of directors.

  • Every director entitled to vote must sign
  • The resolution is dated as of the last signature
  • It is filed to the corporate records with the original signatures
  • Counterpart execution is acceptable

Conflict of interest

Directors with a material interest in a contract or transaction must disclose under the applicable statute and, generally, cannot vote on the related resolution.

Validity despite procedural irregularities

Most state corporation codes provide protection: acts of directors are valid notwithstanding defects in their election, appointment, or qualification later discovered.

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Resolutions that hold up
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Templates per state, electronic signature, complete activity log.