Title 8, TITLE 8. UTILITIES AND TRANSPORTATION
337 chapters · 3,744 sections in this title.
Ind. Code § 8-1-17.5-1 "Commission"
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Sec. 1. As used in this chapter, "commission" refers to the Indiana utility regulatory commission created by IC 8-1-1-2. As added by P.L.18-2010, SEC.1.
Ind. Code § 8-1-17.5-10 Articles of merger or consolidation; contents; filing with
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secretary of state; articles of incorporation; abandonment of plan before filing Sec. 10. (a) If at each meeting of members at which a vote is taken on a plan of merger or consolidation, as required by section 9 of this chapter, the plan of merger or consolidation is approved by …
Ind. Code § 8-1-17.5-11 Legal status of merging or consolidating corporations;
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property; liabilities and obligations; pending proceedings; terms not included in articles Sec. 11. After a merger or consolidation takes effect under section 10(d) of this chapter, the following apply: (1) If two (2) or more corporations merge into a surviving corporation, the s…
Ind. Code § 8-1-17.5-12 Board of directors; election of directors; terms; districts;
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remuneration for services; reimbursement; officers Sec. 12. (a) Each surviving corporation or successor corporation formed under this chapter must have a board of directors that constitutes the governing body of the surviving corporation or successor corporation. Unless otherwise…
Ind. Code § 8-1-17.5-13 Powers of board
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Sec. 13. The board of directors of the surviving corporation or successor corporation has the power to do all things necessary or convenient to conduct the business of the surviving corporation or successor corporation, including the following: (1) The power to make, alter, amend…
Ind. Code § 8-1-17.5-14 Certificates of membership; meetings of members; notice;
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quorum; election of directors from districts Sec. 14. (a) A surviving corporation or successor corporation may issue to its members certificates of membership, and each member is entitled to only one (1) vote on each question or election at any regular or special meeting of the s…
Ind. Code § 8-1-17.5-15 Requirements for membership
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Sec. 15. A person may not become or remain a member of a surviving corporation or successor corporation formed under this chapter unless the person: (1) uses energy, communications, or other services supplied by the surviving corporation or successor corporation; and (2) complies…
Ind. Code § 8-1-17.5-16 Members not liable for debts or liabilities of corporation;
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director acting in good faith not personally liable Sec. 16. (a) A member of a surviving corporation or successor corporation formed under this chapter is not liable or responsible for the debts or liabilities of the surviving corporation or successor corporation. (b) A director …
Ind. Code § 8-1-17.5-17 Powers of surviving or successor corporation; authorized
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services Sec. 17. (a) A surviving corporation or successor corporation formed under this chapter has all the powers and may provide any of the services that any party to the merger or consolidation had or could provide under: (1) IC 8-1-13; (2) IC 8-1-17; or (3) this chapter; on …
Ind. Code § 8-1-17.5-18 Enumerated powers of surviving or successor corporation
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Sec. 18. A surviving corporation or successor corporation formed under this chapter may perform any acts necessary or convenient for carrying out the purpose for which the surviving corporation or successor corporation was formed, including the following: (1) To sue and be sued. …
Ind. Code § 8-1-17.5-19 Disposal of all of the corporation's property; authorization of
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members and directors required Sec. 19. A surviving corporation or successor corporation formed under this chapter may not sell, lease, exchange, mortgage, pledge, or otherwise sell all, or substantially all, of the surviving corporation's or successor corporation's property unle…
Ind. Code § 8-1-17.5-2 "Communications service"
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Sec. 2. As used in this chapter, "communications service" has the meaning set forth in IC 8-1-32.5-3. As added by P.L.18-2010, SEC.1.
Ind. Code § 8-1-17.5-20 Authority to issue obligations; sale of obligations
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Sec. 20. (a) A surviving corporation or successor corporation formed under this chapter has the power and is authorized, from time to time, to issue the surviving corporation's or successor corporation's obligations for any corporate purpose. The obligations may be authorized by …
Ind. Code § 8-1-17.5-21 Issuing of obligations; right to make covenants and agreements
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Sec. 21. In connection with the issuance of any obligations, a surviving corporation or successor corporation formed under this chapter may make any covenants or agreements and do any acts and things that may be necessary, convenient, or desirable in order to secure the surviving…
Ind. Code § 8-1-17.5-22 Right of corporation to purchase its own obligations;
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cancellation upon purchase Sec. 22. A surviving corporation or successor corporation formed under this chapter may, out of any funds available for that purpose, purchase: (1) any obligations issued by the surviving corporation or successor corporation; and (2) any accrued interes…
Ind. Code § 8-1-17.5-23 Articles of dissolution; filing with secretary of state; contents;
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winding up of business; remaining assets Sec. 23. (a) A surviving corporation or successor corporation formed under this chapter may be dissolved by filing in the office of the secretary of state articles of dissolution that must be entitled and endorsed "Articles of dissolution …
Ind. Code § 8-1-17.5-24 Corporation to provide reasonably adequate service;
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reasonable and just charges; return of excess revenues to members; Rural Utility Service borrowers Sec. 24. (a) A surviving corporation or successor corporation formed under this chapter shall be required to furnish reasonably adequate: (1) retail electric service or communicatio…
Ind. Code § 8-1-17.5-25 Jurisdiction of commission
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Sec. 25. Notwithstanding any other law, the commission may exercise jurisdiction over a surviving corporation or successor corporation formed under this chapter only to do the following: (1) Ensure compliance with IC 8-1-2.8 concerning the provision of dual party relay services t…
Ind. Code § 8-1-17.5-26 Right to appeal
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Sec. 26. Any person adversely affected by any final decision, ruling, or order of: (1) the commission; or (2) a court with jurisdiction; under this chapter may appeal the decision, ruling, or order under the same appeal procedures set forth in IC 8-1-3. As added by P.L.18-2010, S…
Ind. Code § 8-1-17.5-27 Applicability of nonprofit corporation law
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Sec. 27. IC 23-17 and all rights and powers under IC 23-17 apply to a surviving corporation or successor corporation formed under this chapter, unless the provisions of IC 23-17 are in conflict or inconsistent with the express provisions of this chapter. As added by P.L.18-2010, …
Ind. Code § 8-1-17.5-3 "Patronage capital"
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Sec. 3. As used in this chapter, "patronage capital" means revenues and receipts returned to members under section 24(d) of this chapter. As added by P.L.18-2010, SEC.1.
Ind. Code § 8-1-17.5-4 "Retail electric service"
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Sec. 4. As used in this chapter, "retail electric service" has the meaning set forth in IC 8-1-2.3-2(c). As added by P.L.18-2010, SEC.1.
Ind. Code § 8-1-17.5-5 "Successor corporation"
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Sec. 5. As used in this chapter, "successor corporation" means a corporation that is formed from a consolidation of two (2) or more corporations under this chapter. As added by P.L.18-2010, SEC.1.
Ind. Code § 8-1-17.5-6 "Surviving corporation"
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Sec. 6. As used in this chapter, "surviving corporation" means the corporation that remains after a merger of two (2) or more corporations under this chapter. As added by P.L.18-2010, SEC.1.
Ind. Code § 8-1-17.5-7 Authority to merge or consolidate; status of surviving or
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successor corporation Sec. 7. (a) A corporation organized under IC 8-1-13 may merge or consolidate with: (1) one (1) or more cooperative corporations organized under IC 8-1-17; or (2) one (1) or more corporations formed under this chapter; if a plan of merger or consolidation tha…
Ind. Code § 8-1-17.5-8 Plan of merger or consolidation; contents
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Sec. 8. A plan of merger or consolidation must include the following: (1) The name of each merging or consolidating corporation. (2) The name of the surviving corporation or successor corporation. (3) The terms and conditions of the merger or consolidation and the mode of carryin…
Ind. Code § 8-1-17.5-9 Approval of plan by members; notice of meeting
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Sec. 9. The board of directors of each corporation that seeks to merge or consolidate with another corporation, as authorized by section 7 of this chapter, must obtain from the corporation's own membership approval of a plan of merger or consolidation that complies with section 8…