Title 28, FINANCIAL INSTITUTIONS

Sec. 18. Upon submission of an application for an amended certificate of admission, the department shall issue an amended certificate of admission, which shall be filed with the secretary of state. The secretary of state shall file one (1) copy of the amended certificate of admis…

Sec. 19. A foreign corporation that has been issued an amended certificate of admission by the secretary of state shall have authority to transact in this state the business set forth in the certificate. Formerly: Acts 1933, c.40, s.342. As amended by P.L.263-1985, SEC.92; P.L.17…

Sec. 2. (a) No foreign corporation shall be admitted for the purpose of transacting any kind of business in this state, the transaction of which by domestic corporation is not permitted by the laws of this state. (b) A foreign corporation admitted to do business in this state sha…

Sec. 20. If a foreign corporation changes the nature of the business it transacts in Indiana before the business receives the department's approval, the officers and directors of such corporation shall be severally liable for the liabilities of the corporation that result from th…

Sec. 21. A foreign corporation may surrender its certificate of admission by filing a statement of withdrawal with the department and the secretary of state. Formerly: Acts 1933, c.40, s.344. As amended by P.L.171-1996, SEC.24.

Sec. 22. The statement of withdrawal of a foreign corporation shall be in the form prescribed by the department. The filing of the statement does not affect: (1) any action by or against the corporation that is pending at the time of the filing; or (2) any right of action in favo…

Sec. 24. The certificate of admission of any foreign corporation admitted to do business in this state may be revoked at any time by the department: (1) upon the failure of the corporation for thirty (30) days to appoint and maintain an agent in this state upon whom service of le…

Sec. 25. (a) A certificate of admission of a foreign corporation is revoked when the department: (1) serves a certificate of revocation upon the corporation at its principal office in Indiana; and (2) files a copy of the certificate of revocation with: (A) the secretary of state;…

Sec. 28. (a) No foreign corporation transacting business in this state without procuring a certificate of admission, or, if such a certificate has been procured, after its certificate of admission has been withdrawn or revoked, shall maintain any suit, action or proceeding in any…

Sec. 3. A foreign corporation shall not use or assume a name which could not be taken by a domestic corporation under the provisions of IC 28-12-3. Formerly: Acts 1933, c.40, s.326. As amended by P.L.263-1985, SEC.86; P.L.14-1992, SEC.102; P.L.171-1996, SEC.10.

Sec. 4. (a) To be admitted to do business in Indiana, a foreign corporation must file an application for admission in the form prescribed by the director. The application must be accompanied by: (1) the fees prescribed by the department; and (2) a copy of its articles of incorpor…

Sec. 7. Upon submission of a foreign corporation's application for admission, the department shall issue to the foreign corporation a certificate of admission, which shall be filed with the secretary of state. The secretary of state shall file one (1) copy of the certificate of a…

Sec. 8. A foreign corporation that has been issued a certificate of admission by the secretary of state shall be admitted and shall have authority to transact the business set forth in the certificate. Formerly: Acts 1933, c.40, s.331. As amended by P.L.263-1985, SEC.88; P.L.171-…

Sec. 1. The fees payable to the secretary of state by financial institutions which are organized or reorganized under the laws of this state and under the laws of any other state shall be the same as the fees prescribed in chapter 219 of the Acts of the general assembly of 1929, …

Sec. 16. All persons, regardless of age, may become depositors in a depository financial institution (as defined in IC 28-1-1-6) and shall be subject to the same duties and liabilities respecting their deposits. Whenever a deposit is accepted by a depository financial institution…

Sec. 17. (a) A qualified youth may enter into a contract with a depository financial institution to open a savings or checking account in the qualified youth's name with the consent of a juvenile court with jurisdiction over the qualified youth. (b) A qualified youth who opens a …

Sec. 2. The fees payable to the secretary of state by financial institutions which are organized or reorganized under the laws of this state or under the laws of any other state shall be the same as the fees prescribed in IC 23-0.5-9, except that the fee imposed on the basis of t…

Sec. 4. (a) Any national bank located within this state may accept and execute trusts of any kind which may be committed or transferred to it, subject to the same restrictions as are imposed on state banks or trust companies under IC 28-1-11 through IC 28-1-20. (b) Any financial …

Sec. 5. Wherever any provision of this article requires that there shall be filed any verified account, report, or other paper by any person, firm, limited liability company, or corporation, such account, report, or other paper shall be executed by the person or persons filing su…

Sec. 6. (a) Except as provided in subsection (b), a mutual savings bank or a mortgage guarantee company may not be incorporated or organized under Indiana law. (b) A mutual savings bank may be organized with all rights and privileges under IC 28-6.1 only by a mutual bank conversi…

Sec. 7. A person who recklessly violates a provision of chapters 1 through 23 of this article for the violation of which a penalty is not otherwise provided commits a Class B misdemeanor. Formerly: Acts 1933, c.40, s.357. As amended by Acts 1978, P.L.2, SEC.2814.

Sec. 1. Whenever the United States, any federal reserve bank of the United States, or any department, bureau, board, or commission of the United States, including any corporation wholly owned directly or indirectly by the United States, shall secure or guarantee the payment of or…

Sec. 2. Whenever the United States, any federal reserve bank of the United States, or any department, bureau, board, or commission of the United States, including any corporation wholly owned directly or indirectly by the United States, shall secure or guarantee the payment of or…

Sec. 3. To permit and encourage financial institutions and investment type industrial loan and investment companies of this state to make loans secured or guaranteed or upon which there is a commitment or agreement to take over or purchase in whole or part by the United States or…

Sec. 1. This chapter applies to a credit union (as defined in IC 28-7-1-0.5(3)). As added by P.L.10-2006, SEC.37 and P.L.57-2006, SEC.37.

Sec. 2. Except as otherwise provided, the definitions in IC 28-7-1 apply throughout this chapter. As added by P.L.10-2006, SEC.37 and P.L.57-2006, SEC.37.

Sec. 3. (a) The department may appoint a conservator for a credit union if the department determines that: (1) one (1) or more grounds for the appointment of a receiver under IC 28-1-3.1-2(a) exist with respect to the credit union; or (2) the appointment of a conservator is neces…

Sec. 4. (a) A conservator appointed by the department under this chapter shall reimburse the department for all amounts expended by the department in connection with the conservatorship. Amounts reimbursed to the department under this subsection shall be paid from the assets of t…

Sec. 5. (a) Under the direction of the department, a conservator appointed under this chapter shall: (1) take possession of the books, records, and assets of the credit union; and (2) take any action necessary to conserve the assets of the credit union pending: (A) a liquidation …

Sec. 6. (a) While a credit union is in conservatorship under this chapter, the department may require the conservator to set aside and make available for: (1) withdrawal by members and depositors; or (2) payment to other creditors; on a pro rata basis, any amounts that, in the op…

Sec. 7. With the prior approval of the department, a conservator appointed under this chapter may borrow money as necessary or expedient to aid in the operation or reorganization of the credit union. Any loan obtained by the conservator under this section may be secured by the pl…

Sec. 8. (a) The department may: (1) terminate a conservatorship ordered under this chapter; and (2) permit the credit union subject to the conservatorship to resume the transaction of the credit union's business, subject to any terms, conditions, restrictions, and limitations tha…

Sec. 9. The department may adopt rules under IC 4-22-2 to implement this chapter. As added by P.L.10-2006, SEC.37 and P.L.57-2006, SEC.37.

Sec. 0.5. (a) This chapter does not apply to: (1) an attorney at law authorized to practice in Indiana; or (2) persons under the supervision and control of an attorney at law authorized to practice in Indiana; to the extent the attorney's debt management services are incidental t…

Sec. 1. The following words, when used in this chapter, shall have the meaning ascribed to them unless the context clearly requires a different meaning: (1) "Person" includes individuals, sole proprietorships, partnerships, limited liability companies, trusts, joint ventures, cor…

Sec. 10.5. (a) A licensee shall maintain in the licensee's business any books, accounts, and records that enable the department to determine whether the licensee is complying with this chapter. The books, accounts, and records shall be preserved for at least two (2) years after m…

Sec. 11. Upon affidavit of any person, or other information that the licensee has failed to comply with the provisions of this chapter, and after a preliminary investigation indicates probable cause that a violation has occurred, the department shall have authority to impound suc…

Sec. 13. (a) The department may enforce this chapter and rules adopted under this chapter by taking one (1) or more of the following actions: (1) Order a debt management company or a director, employee, or other agent of a debt management company to cease and desist from any viol…

Sec. 14. Any applicant for a license aggrieved by a decision of the department pursuant to this chapter may file a petition for review as prescribed in IC 4-21.5. Except as otherwise provided, IC 4-21.5 applies to and governs all agency action taken by the department under this c…

Sec. 15. (a) As used in this section, "consumer" means an individual who seeks or obtains goods or services that are used primarily for personal, family, or household purposes. (b) As used in this section, "federal act" means the Electronic Signatures in Global and National Comme…

Sec. 16. Unless the department provides otherwise in a rule, the disclosures and documents required by this chapter must be in English. If a licensee communicates with a debtor primarily in a language other than English, the licensee shall furnish a translation of the disclosures…

Sec. 17. Unless a fee is specifically authorized under the chapter, a licensee may not solicit or accept a voluntary contribution from a contract debtor for any service provided to the contract debtor. As added by P.L.35-2010, SEC.139.

Sec. 18. (a) If a licensee delegates any of the licensee's duties or obligations under an agreement or this chapter to another person, including an independent contractor or a lead generator, the licensee is liable for any conduct of the person which, if done by the licensee, wou…

Sec. 2. The department shall adopt such rules and regulations as it deems advisable for the administration of this chapter, and to provide such forms and procedures as it determines to be necessary to carry out the provisions of such chapter. Formerly: Acts 1971, P.L.397, SEC.1; …

Sec. 3. (a) No person shall operate a debt management company in Indiana without having obtained a license from the department. For purposes of this section, a person is operating in Indiana if: (1) the person or any of the person's employees or agents are located in Indiana; or …

Sec. 3.1. (a) As used in this section, "control" means possession of the power directly or indirectly to: (1) direct or cause the direction of the management or policies of a licensee, whether through the beneficial ownership of voting securities, by contract, or otherwise; or (2…