Title 23, BUSINESS AND OTHER ASSOCIATIONS

Sec. 6. If an affidavit by a competent person that: (1) sets forth the fact of the death of one (1) joint tenant; and (2) establishes the identity of the surviving joint tenant, who is named in the certificate of burial rights for a cemetery plot; is filed with the cemetery in wh…

Sec. 7. If an individual has a vested right of interment, entombment, or inurnment of the remains of the individual in a particular plot under this chapter, the right: (1) may be waived by the individual in a written instrument; or (2) is terminated upon the interment, entombment…

Sec. 8. A vested right of interment, entombment, or inurnment under this chapter does not give any individual the right to: (1) have the individual's remains interred, entombed, or inurned in any interment, entombment, or inurnment space in which the remains of a deceased individ…

Sec. 1. The approval of the shareholders of a corporation is not required unless the articles of incorporation require the approval of the shareholders to: (1) sell, lease, exchange, or otherwise dispose of all, or substantially all, of the corporation's property in the usual and…

Sec. 2. (a) A sale, lease, exchange, or other disposition of assets, other than a disposition described in section 1 of this chapter, requires approval of the corporation's shareholders if the disposition would leave the corporation without a significant continuing business activ…

Sec. 1. This chapter applies to all burial rights in: (1) cemeteries organized or created after June 14, 1939; and (2) cemeteries that: (A) were in existence on June 14, 1939; and (B) do not have a rule or regulation in conflict with this chapter. As added by P.L.52-1997, SEC.15.…

Sec. 2. As used in this chapter, "burial plot" means the unit of space, consisting of one (1) or more: (1) grave spaces; (2) mausoleum crypts; (3) garden crypts; or (4) niches; originally conveyed by the cemetery and remaining after any transfers made by the record owner during t…

Sec. 3. Upon the death of the record owner of the burial rights in a burial plot, the burial plot shall be held as the family burial plot of the deceased owner, if: (1) the remains of the record owner have been interred, entombed, inurned, or disposed of; (2) the record owner did…

Sec. 4. (a) In a family burial plot: (1) one (1) grave, crypt, or niche may be used for the record owner's interment, entombment, or inurnment; (2) after the record owner's interment, entombment, or inurnment, one (1) grave, crypt, or niche may be used for the surviving spouse of…

Sec. 5. (a) A: (1) surviving spouse; or (2) parent, child, or heir; of the deceased record owner of a family burial plot who has a right of interment, entombment, or inurnment in the plot may waive that right in favor of another relative or spouse of the deceased record owner thr…

Sec. 6. An affidavit that sets forth: (1) the fact of the death of the record owner of the burial rights in a family burial plot; and (2) the name of the individual or individuals who are entitled to use the family burial plot in accordance with this chapter; is complete authorit…

Sec. 7. If a family burial plot has been established under section 3 of this chapter and all the living children and parents of the deceased record owner consent in writing, the status as a family burial plot may be terminated and the remaining lots may be transferred, conveyed, …

Sec. 1. As used in this chapter, "financial exploitation" means the wrongful or unauthorized taking, withholding, appropriation, or use of money, real property, or personal property of a financially vulnerable adult. As added by P.L.39-2016, SEC.1. Amended by P.L.158-2017, SEC.5.

Sec. 10. Not later than September 1, 2017, the commissioner shall develop and make available on the secretary of state's website information that includes training resources to assist broker-dealers, investment advisers, and qualified individuals in the prevention and detection o…

Sec. 11. The commissioner may adopt rules under IC 23-19-6-5 to implement this chapter. As added by P.L.39-2016, SEC.1.

Sec. 2.1. As used in this chapter, "financially vulnerable adult" means an individual to whom one (1) or more of the following apply: (1) The individual is at least sixty-five (65) years of age. (2) The individual is: (A) at least eighteen (18) years of age; and (B) incapable, by…

Sec. 3. As used in this chapter, "immediate family member" means a spouse, child, parent, or sibling. As added by P.L.39-2016, SEC.1.

Sec. 4. As used in this chapter, "protective agencies" refers to both of the following: (1) The adult protective services unit described in IC 12-10-3-1. (2) The commissioner. As added by P.L.39-2016, SEC.1.

Sec. 5. As used in this chapter, "qualified individual" means an individual associated with a broker-dealer or investment adviser who serves in a supervisory, compliance, or legal capacity as part of the individual's job. As added by P.L.39-2016, SEC.1. Amended by P.L.158-2017, S…

Sec. 6. (a) If a qualified individual has reason to believe that financial exploitation of a financially vulnerable adult has occurred, has been attempted, or is being attempted, the qualified individual shall, as required by IC 12-10-3-9(a): (1) make a report to the adult protec…

Sec. 7. (a) A qualified individual may refuse a request for disbursement of funds from an account: (1) owned by a financially vulnerable adult; or (2) of which a financially vulnerable adult is a beneficiary or beneficial owner; if the qualified individual has reason to believe t…

Sec. 8. Notwithstanding any other provision of law, a broker-dealer, investment adviser, or a qualified individual who, in good faith, complies with section 6 or 7 of this chapter, is immune from any administrative or civil liability for actions taken in accordance with those sec…

Sec. 9. (a) A broker-dealer or investment adviser may provide to protective agencies or law enforcement access to or copies of records that are relevant to the suspected financial exploitation of a financially vulnerable adult. The records may include records relating to: (1) dis…

Sec. 1. As used in this chapter, "control shares" means shares that, except for this chapter, would have voting power with respect to shares of an issuing public corporation that, when added to all other shares of the issuing public corporation owned by a person or in respect to …

Sec. 10. (a) If authorized in a corporation's articles of incorporation or bylaws before a control share acquisition has occurred, control shares acquired in a control share acquisition with respect to which no acquiring person statement has been filed with the issuing public cor…

Sec. 11. (a) Unless otherwise provided in a corporation's articles of incorporation or bylaws before a control share acquisition has occurred, in the event control shares acquired in a control share acquisition are accorded full voting rights and the acquiring person has acquired…

Sec. 2. (a) As used in this chapter, "control share acquisition" means the acquisition (directly or indirectly) by any person of ownership of, or the power to direct the exercise of voting power with respect to, issued and outstanding control shares. (b) For purposes of this sect…

Sec. 3. As used in this chapter, "interested shares" means the shares of an issuing public corporation in respect of which any of the following persons may exercise or direct the exercise of the voting power of the corporation in the election of directors: (1) An acquiring person…

Sec. 4. (a) As used in this chapter, "issuing public corporation" means a corporation that has: (1) one hundred (100) or more shareholders; (2) its principal place of business or its principal office in Indiana, or that owns or controls assets within Indiana having a fair market …

Sec. 5. Unless the corporation's articles of incorporation or bylaws provide that this chapter does not apply to control share acquisitions of shares of the corporation before the control share acquisition, control shares of an issuing public corporation acquired in a control sha…

Sec. 6. Any person who proposes to make or has made a control share acquisition may at the person's election deliver an acquiring person statement to the issuing public corporation at the issuing public corporation's principal office. The acquiring person statement must set forth…

Sec. 7. (a) If the acquiring person so requests at the time of delivery of an acquiring person statement and gives an undertaking to pay the corporation's expenses of a special meeting, within ten (10) days thereafter, the directors of the issuing public corporation shall call a …

Sec. 8. (a) If a special meeting is requested, notice of the special meeting of shareholders shall be given as promptly as reasonably practicable by the issuing public corporation to all shareholders of record as of the record date set for the meeting, whether or not entitled to …

Sec. 9. (a) Control shares acquired in a control share acquisition have the same voting rights as were accorded the shares before the control share acquisition only to the extent granted by resolution approved by the shareholders of the issuing public corporation. (b) To be appro…

Sec. 1. As used in this chapter, "burial plot" means the unit of space consisting of one (1) or more: (1) grave spaces; (2) mausoleum crypts; (3) garden crypts; or (4) niches; that was originally conveyed by the cemetery and remaining after any transfers made by the record owner …

Sec. 2. The owner of the burial rights in any burial plot has the right by a proper instrument recorded with the cemetery to designate specifically whose remains only shall be interred, entombed, or inurned in the burial plot after the owner's death. As added by P.L.52-1997, SEC.…

Sec. 3. The owner of the burial rights in any burial plot may, during the life of the owner, transfer all rights and interest in the burial plot to any other person through sale or another method. However, a transfer under this section: (1) must be recorded with the cemetery to b…

Sec. 4. Upon the death of the record owner of the burial rights in a burial plot, the burial rights pass as part of the estate of the owner if: (1) the record owner did not dispose of the burial rights by: (A) a specific devise in the last will and testament of the record owner; …

Sec. 5. (a) If there are several owners of burial rights in a burial plot, the owners may: (1) designate in writing one (1) or more persons to represent them; and (2) file the written designation with the owner of the cemetery in which the plot is located. (b) In the absence of: …

Sec. 1. As used in this chapter, "affiliate" means a person that directly, or indirectly through one (1) or more intermediaries, controls, is controlled by, or is under common control with, a specified person. As added by P.L.149-1986, SEC.27.

Sec. 10. (a) As used in this chapter, "interested shareholder", when used in reference to any resident domestic corporation, means any person (other than the resident domestic corporation or any subsidiary of the resident domestic corporation) that is: (1) the beneficial owner, d…

Sec. 11. As used in this chapter, "market value", when used in reference to shares or property of any resident domestic corporation, means the following: (1) In the case of shares, the highest closing sale price of a share during the thirty (30) day period immediately preceding t…

Sec. 12. As used in this chapter, "preferred shares" means any class or series of shares of a resident domestic corporation that under the bylaws or articles of incorporation of the resident domestic corporation: (1) is entitled to receive payment of dividends before any payment …

Sec. 13. (a) As used in this chapter, "resident domestic corporation" means a corporation that has one hundred (100) or more shareholders. (b) A resident domestic corporation does not cease to be a resident domestic corporation by reason of events occurring or actions taken while…

Sec. 14. As used in this chapter, "share" means: (1) any share or similar security, any certificate of interest, any participation in any profit sharing agreement, any voting trust certificate, or any certificate of deposit for a share; and (2) any security convertible, with or w…

Sec. 15. As used in this chapter, "share acquisition date", with respect to any person and any resident domestic corporation, means the date that the person first becomes an interested shareholder of the resident domestic corporation. As added by P.L.149-1986, SEC.27.