Title 23, BUSINESS AND OTHER ASSOCIATIONS

Sec. 4. "Effective date" means a date specified in a certificate filed with the secretary of state declaring when the certificate becomes effective. As added by P.L.147-1988, SEC.1.

Sec. 5. "Event of withdrawal of a general partner" means an event that causes a person to cease to be a general partner as provided in IC 23-16-5-2. As added by P.L.147-1988, SEC.1.

Sec. 6. "Foreign limited partnership" means a partnership formed under the laws of any jurisdiction other than Indiana, including a foreign country or other foreign jurisdiction in which the partnership formed has as partners one (1) or more general partners and one (1) or more l…

Sec. 7. "General partner" means a person who has been admitted to a limited partnership or a foreign limited partnership as a general partner in accordance with the partnership agreement and is named in the certificate of limited partnership or similar instrument under which the …

Sec. 8. "Limited partner" means a person who has been admitted to a limited partnership as a limited partner in accordance with the laws of Indiana or, in the case of a foreign limited partnership, in accordance with the laws of the state, foreign country, or other foreign jurisd…

Sec. 9. "Limited partnership" and "domestic limited partnership" mean a partnership formed by two (2) or more persons under the laws of Indiana that has one (1) or more general partners and one (1) or more limited partners. As added by P.L.147-1988, SEC.1.

Sec. 0.2. (a) Except as provided in subsection (b), the repeal of IC 23-7-1.1 by P.L.179-1991 does not affect the following: (1) Any action taken: (A) under: (i) IC 23-7-1.1; (ii) the Indiana general not-for-profit corporation act of 1935; or (iii) any prior law under which domes…

Sec. 1. (a) After July 31, 1993, this article applies to a domestic corporation in existence on July 31, 1993, that was incorporated under or subject to the following: (1) IC 23-7-1.1 (repealed). (2) The Indiana general not for profit corporation act of 1935. (b) After July 31, 1…

Sec. 2. After July 31, 1993, this article applies to a foreign corporation that desires to transact business in Indiana. A foreign corporation authorized to transact business in Indiana on July 31, 1993, is subject to this article but is not required to obtain a new certificate o…

Sec. 3. Official comments may be published by the Indiana business law survey commission and, after publication, the comments may be consulted by the courts to determine the underlying reasons, purposes, and policies of this article and may be used as a guide in this article's co…

Sec. 4. This article may be cited as the Indiana Nonprofit Corporation Act of 1991. As added by P.L.96-1993, SEC.4.

Sec. 5. All references to this article in the articles of incorporation, bylaws, and other rules that govern the internal affairs of a nonprofit corporation are considered references to IC 23-0.5 and IC 23-0.6 also. As added by P.L.118-2017, SEC.85.

Sec. 1. This article may be cited as the "Indiana business flexibility act". As added by P.L.8-1993, SEC.301.

Sec. 10. "Interest" means a member's economic rights in the limited liability company, including the member's share of the profits and losses of the limited liability company and the right to receive distributions from the limited liability company. As added by P.L.8-1993, SEC.30…

Sec. 11. "Limited liability company" or "domestic limited liability company" means an entity that is an unincorporated association organized under this article. As added by P.L.8-1993, SEC.301.

Sec. 12. "Limited partnership" means an Indiana limited partnership or foreign limited partnership (as defined in IC 23-16). As added by P.L.8-1993, SEC.301.

Sec. 13. "Majority in interest of the members" means the members who have made more than fifty percent (50%) of the agreed value, as stated in the records of the limited liability company, of the total contributions made by all members, to the extent that the contributions have n…

Sec. 14. "Manager" means, with respect to a limited liability company whose articles of organization provide for a manager, a person designated in accordance with the authority under IC 23-18-4-1(b). As added by P.L.8-1993, SEC.301.

Sec. 15. "Member" means a person admitted to membership in a limited liability company under IC 23-18-6-1 and as to whom an event of dissociation has not occurred. As added by P.L.8-1993, SEC.301.

Sec. 16. "Operating agreement" means any written or oral agreement of the members as to the affairs of a limited liability company and the conduct of its business that is binding upon all the members. As added by P.L.8-1993, SEC.301.

Sec. 17. "Person" means an individual, a corporation, a general or limited partnership, an association, a limited liability company, a foreign limited liability company, a business trust, or another legal or commercial entity. As added by P.L.8-1993, SEC.301.

Sec. 18. "Principal office" has the meaning set forth in IC 23-0.5-1.5-29. As added by P.L.8-1993, SEC.301. Amended by P.L.11-1996, SEC.26; P.L.96-2025, SEC.10.

Sec. 19. "State" refers to a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. As added by P.L.8-1993, SEC.301.

Sec. 2. The definitions of this chapter apply throughout this article. As added by P.L.8-1993, SEC.301.

Sec. 3. "Articles of organization" means the articles of organization described by IC 23-18-2-4 and any amended or restated articles of organization. As added by P.L.8-1993, SEC.301.

Sec. 4. "Business trust" means a business trust or a foreign business trust (as defined in IC 23-5). As added by P.L.8-1993, SEC.301.

Sec. 5. "Contribution" means any cash, property, services rendered, or a promissory note or other binding obligation to contribute cash or property or to perform services that a person transfers to a limited liability company in the capacity as a member. As added by P.L.8-1993, S…

Sec. 6. "Corporation" means a domestic corporation or a foreign corporation (as defined in either IC 23-0.5 or IC 23-17). As added by P.L.8-1993, SEC.301. Amended by P.L.156-2023, SEC.10.

Sec. 7. "Distribution" means a direct or an indirect transfer of money or other property or the incurrence or the transfer of indebtedness by a limited liability company to or for the benefit of its members in respect of their interests in the limited liability company. A distrib…

Sec. 8. "Event of dissociation" means an event that causes a person to cease being a member of a limited liability company as provided by IC 23-18-6-5. As added by P.L.8-1993, SEC.301.

Sec. 9. "Foreign limited liability company" means an entity that is: (1) an unincorporated association organized under the laws of a state other than Indiana or another jurisdiction, including a foreign country; (2) organized under a statute that affords each member of the entity…

Sec. 0.2. (a) The predecessor act exclusively governs all actions or proceedings that are pending on June 30, 2008, or may be instituted on the basis of conduct occurring before July 1, 2008, but a civil action may not be maintained to enforce any liability under the predecessor …

Sec. 1. This article may be cited as the Indiana Uniform Securities Act. As added by P.L.27-2007, SEC.23.

Sec. 2. In this article, unless the context otherwise requires: (1) "Agent" means an individual, other than a broker-dealer, who represents a broker-dealer in effecting or attempting to effect purchases or sales of securities or represents an issuer in effecting or attempting to …

Sec. 3. As used in this article: (1) "Securities Act of 1933" (15 U.S.C. 77a et seq.); (2) "Securities Exchange Act of 1934" (15 U.S.C. 78a et seq.); (3) "Public Utility Holding Company Act of 1935" (15 U.S.C. 79 et seq.); (4) "Investment Company Act of 1940" (15 U.S.C. 80a-1 et …

Sec. 4. Nothing in this article shall be construed to relieve corporations from making reports required by law to be made to the secretary of state or any other state officer, or paying the fees to be paid by corporations. This article shall not be construed to repeal any law reg…

Sec. 5. Official comments adopted and published by the: (1) secretary of state Indiana uniform securities act advisory committee; and (2) National Conference of Commissioners on Uniform State Laws to the extent the comments are not inconsistent with the comments adopted by the co…

Sec. 1. (a) As used in this chapter, "claimant" means a victim filing an application for restitution assistance under this chapter. (b) The term includes: (1) a named party in an award; (2) the executor of a named party in an award; or (3) the heirs and assigns of a named party i…

Sec. 10. A claimant's personal information (as defined in IC 9-14-6-6) is confidential. As added by P.L.114-2010, SEC.12. Amended by P.L.198-2016, SEC.652.

Sec. 11. Except as otherwise provided in this chapter, the following persons are eligible for restitution assistance under this chapter: (1) A resident of Indiana who is a victim of a securities violation committed: (A) in Indiana; or (B) in a jurisdiction other than Indiana, inc…

Sec. 12. (a) A person eligible for restitution assistance under section 11 of this chapter may file an application for restitution assistance with the division. (b) The application must be received by the division not more than one hundred eighty (180) days after the date of the …

Sec. 13. (a) The division shall review all applications to ensure that the applications are complete. (b) If an application is not complete, the application shall be returned to the claimant with a brief statement of the additional information required. (c) The claimant may, not …

Sec. 14. (a) Subject to subsection (b), the division may not award restitution assistance if the victim: (1) sustained the monetary injury as a result of: (A) participating or assisting in; or (B) attempting to commit or committing; a securities violation; or (2) profited or woul…

Sec. 15. The division may not award restitution assistance under this chapter to more than one (1) claimant per victim. As added by P.L.114-2010, SEC.12.

Sec. 16. (a) The division may not award restitution assistance under this chapter unless the securities violation was adjudicated in a state or federal court or a regulatory agency administrative proceeding. (b) The division may not award restitution assistance under this chapter…

Sec. 17. The division shall deny an award of restitution assistance under this chapter if a court or administrative order does not contain an award of restitution to the victim. As added by P.L.114-2010, SEC.12.