Title 28, FINANCIAL INSTITUTIONS

Sec. 23. A person who fails to comply with this chapter commits a Class A infraction. Any person, company, bank, or bank holding company that may be or has been injured by reason of any conduct that constitutes or will constitute a violation of this chapter by any bank may sue th…

Sec. 24. The department may adopt rules under IC 4-22-2 to implement this chapter. As added by P.L.265-1985, SEC.3.

Sec. 25. This chapter does not affect any federal or state statutory requirements for a bank to make deposited funds available for withdrawal to its customers within designated time periods. As added by P.L.164-1988, SEC.5.

Sec. 26. (a) A bank, trust company, corporate fiduciary, or savings bank organized under the laws of Indiana or the laws of any other state or the United States may establish a trust office to exercise its powers as a fiduciary to conduct business in any location that is approved…

Sec. 3. As used in this chapter, "affiliate" means, as to a bank controlled by one (1) or more bank holding companies, another bank, savings bank, or savings association controlled by the same bank holding company or bank holding companies. As added by P.L.265-1985, SEC.3. Amende…

Sec. 4. As used in this chapter, "automated teller machine" means unmanned electronic or mechanical equipment that performs routine banking transactions for the public. As added by P.L.265-1985, SEC.3.

Sec. 5. As used in this chapter, "bank" has the meaning set forth in IC 28-2-17-3. As added by P.L.265-1985, SEC.3. Amended by P.L.33-1991, SEC.22; P.L.42-1993, SEC.60; P.L.171-1996, SEC.31.

Sec. 6. (a) As used in this chapter, "bank holding company" means any company that has or acquires control over: (1) any bank; or (2) any company that has or acquires control over any bank. (b) For the purposes of this chapter: (1) a company is not a bank holding company by virtu…

Sec. 7. As used in this chapter, "branch" means any office, agency, mobile unit, messenger service, or other place of business at which deposits are received, checks paid, or money lent. However, the term does not include: (1) the principal office of a bank; (2) the principal off…

Sec. 8. As used in this chapter, "branch by acquisition" means a branch acquired by a bank as a result of a merger or consolidation of that bank with another bank or a purchase of all or substantially all of the assets of another bank. As added by P.L.265-1985, SEC.3.

Sec. 9. As used in this chapter, "branch de novo" means a branch established by the opening of a new branch and includes a branch or branches acquired from another bank without acquiring substantially all of the assets of the other bank. As added by P.L.265-1985, SEC.3. Amended b…

Sec. 1. As used in this chapter, "corporation" includes a domestic or foreign predecessor entity of a corporation in a merger or other transaction in which the predecessor's existence ceased upon consummation of the transaction. As added by P.L.14-1992, SEC.163.

Sec. 10. (a) A corporation may pay for or reimburse the reasonable expenses incurred by a director who is a party to a proceeding in advance of final disposition of the proceeding if: (1) the director furnishes the corporation a written affirmation of the director's good faith be…

Sec. 11. Unless a corporation's articles of incorporation provide otherwise, a director of the corporation who is a party to a proceeding may apply for indemnification to the court conducting the proceeding or to another court of competent jurisdiction. On receipt of an applicati…

Sec. 12. (a) A corporation may not indemnify a director under section 8 of this chapter unless authorized in the specific case after a determination has been made that indemnification of the director is permissible in the circumstances because the director has met the standard of…

Sec. 13. The following apply unless a corporation's articles of incorporation provide otherwise: (1) An officer of the corporation, whether or not a director, is entitled to mandatory indemnification under section 9 of this chapter and is entitled to apply for court-ordered indem…

Sec. 14. A corporation may purchase and maintain insurance on behalf of an individual: (1) who is or was a director, an officer, an employee, or an agent of the corporation; or (2) who, while a director, an officer, an employee, or an agent of the corporation, is or was serving a…

Sec. 15. (a) The indemnification and advance for expenses provided for or authorized by this chapter does not exclude any other rights to indemnification and advance for expenses that a person may have under: (1) a corporation's articles of incorporation or bylaws; (2) a resoluti…

Sec. 2. As used in this chapter, "director" means an individual who is or was a director of a corporation or an individual who, while a director of a corporation, is or was serving at the corporation's request as a director, an officer, a partner, a trustee, a manager, an employe…

Sec. 3. As used in this chapter, "expenses" include attorney's fees. As added by P.L.14-1992, SEC.163.

Sec. 4. As used in this chapter, "liability" means the obligation to pay a judgment, settlement, penalty, fine, including an excise tax assessed with respect to an employee benefit plan, or reasonable expenses incurred with respect to a proceeding. As added by P.L.14-1992, SEC.16…

Sec. 5. (a) As used in this chapter, "official capacity" means: (1) when used with respect to a director, the office of director in a corporation; and (2) when used with respect to an individual other than a director, as contemplated in section 13 of this chapter, the office in a…

Sec. 6. As used in this chapter, "party" includes an individual who was, is, or is threatened to be made a named defendant or respondent in a proceeding. As added by P.L.14-1992, SEC.163.

Sec. 7. As used in this chapter, "proceeding" means any threatened, pending, or completed action, suit, or proceeding, whether civil, criminal, administrative, or investigative and whether formal or informal. As added by P.L.14-1992, SEC.163.

Sec. 8. (a) A corporation may indemnify an individual made a party to a proceeding because the individual is or was a director against liability incurred in the proceeding if: (1) the individual's conduct was in good faith; and (2) the individual reasonably believed: (A) in the c…

Sec. 9. Unless limited by its articles of incorporation, a corporation shall indemnify a director who was wholly successful, on the merits or otherwise, in the defense of any proceeding to which the director was a party because the director is or was a director of the corporation…

Sec. 1. A reference in IC 28-13-5, IC 28-13-6, IC 28-1-7, IC 28-1-7.1, IC 28-1-8, or IC 28-1-9 to shareholders and shareholders' meetings means, as to a mutual savings association, members and members' meetings. As added by P.L.193-1997, SEC.2. Amended by P.L.27-2012, SEC.117.

Sec. 1. The department may require every savings bank to prepare and submit to the department as many statements of condition as necessary in any year. The department may not require a savings bank to publish more than two (2) statements of condition under this chapter in any yea…

Sec. 2. The statements of condition shall be verified and shall be prepared and submitted according to the forms and under the notice and on the dates as the department designates. As added by P.L.42-1993, SEC.72.

Sec. 3. (a) The following items shall be shown in the statement of condition in detail and under appropriate headings, as of a day specified by the department in the department's notice: (1) The resources and liabilities of the savings bank, and except as provided in subdivision …

Sec. 4. (a) A savings bank shall, when required by the department, publish the savings bank's statement of condition in the form in which the statement of condition is required by the department as prescribed in this chapter. (b) The statement of condition shall be published in a…

Sec. 5. (a) This section applies only to a statement of condition of a savings bank that is or may become a member of the federal reserve bank system, or whose deposits are or may become insured by the Federal Deposit Insurance Corporation. (b) The department may provide copies o…

Sec. 6. (a) A savings bank that does any of the following is subject to a civil penalty of one hundred dollars ($100) for each day that elapses after the date fixed by the department for compliance with the terms of the department's notice concerning statements of condition: (1) …

Sec. 1. As used in this chapter, "acquire" means directly or indirectly: (1) to merge or consolidate with; (2) to assume control of; or (3) to purchase all or substantially all of the assets of. As added by P.L.265-1985, SEC.4.

Sec. 10. (a) Subject to the limitations provided in section 12 of this chapter and in IC 28-2-15-22(a) (repealed July 1, 1992) or IC 28-2-16-20(a), and after approval by the department: (1) any bank holding company that has its principal office in Indiana is entitled to acquire o…

Sec. 12. (a) If a company or bank holding company desires to acquire a bank or a bank holding company under this chapter, the company or bank holding company must file an application for approval of the acquisition with the department on forms prescribed by the department. Upon r…

Sec. 13. (a) At the time of the filing of an application with the department under section 12 of this chapter, the applicant may submit a written request asking the department to hold a hearing upon the fairness of the terms, conditions, and provisions of the proposed issuance an…

Sec. 14. If the department accepts an application for processing under section 12 of this chapter, the department shall issue an order approving or disapproving the acquisition. The department shall include its findings of fact in the order. If the department holds a hearing unde…

Sec. 15. (a) An acquisition by a company of a bank or a bank holding company is exempt from the requirements of IC 28-1-2-23 if the acquisition is made under this chapter. (b) If a bank will be: (1) acquired by a bank holding company; and (2) immediately merged with or consolidat…

Sec. 16. Any person, company, bank, or bank holding company that may be or has been injured by reason of any conduct that constitutes or will constitute a violation of this chapter by any company or bank holding company may sue the company or bank holding company to enjoin the co…

Sec. 17. The department may adopt rules under IC 4-22-2 to implement this chapter. As added by P.L.265-1985, SEC.4.

Sec. 18. (a) As used in this section, "affiliate" includes the following: (1) A financial institution. (2) Any company that controls a financial institution and any other company that is controlled by the company that controls a financial institution. (3) A bank subsidiary of a f…

Sec. 19. (a) The board of directors of a bank holding company that adopts a resolution under section 18(c) of this chapter may in that resolution or a subsequent resolution provide that all or a part of the trust business of an Indiana affiliate of the bank holding company may be…

Sec. 2. (a) As used in this chapter, "bank" means a financial institution: (1) that has been organized or reorganized under the laws of the United States or the state of Indiana; (2) that has its principal office in Indiana; and (3) that: (A) is an "insured bank" (as defined in S…

Sec. 3. (a) As used in this chapter, "bank holding company" means any company that controls one (1) or more banks. (b) For the purposes of this chapter: (1) a company is not a bank holding company by virtue of its ownership or control of shares in a fiduciary capacity, unless the…

Sec. 4. As used in this chapter, "bank subsidiary" means a bank controlled by a bank holding company. As added by P.L.265-1985, SEC.4.