Indiana Code
Chapter 2. Public Holding Companies
20-47-2-6. Qualifications of Lessor Corporation; Permissible Interest; Return of Capital; Recovery of Expenses

Sec. 6. (a) A school corporation or corporations may enter into a lease under this chapter only with a corporation organized under Indiana law solely for the purpose of acquiring a site, erecting a suitable school building or buildings on that site, leasing the building or buildings to the school corporation or corporations, collecting the rentals under the lease, and applying the proceeds of the lease in the manner provided in this chapter.
(b) A lessor corporation described in subsection (a):
(1) must, except as provided in subdivision (2), act entirely without profit to the lessor corporation or its officers, directors, and stockholders;
(2) is entitled to the return of capital actually invested, plus interest or dividends on outstanding securities or loans, not to exceed five percent (5%) per annum and the cost of maintaining the lessor corporation's corporate existence and keeping its property free of encumbrance; and
(3) upon receipt of any amount of lease rentals exceeding the amount described in subdivision (2), apply the excess funds to the redemption and cancellation of the lessor corporation's outstanding securities or loans as soon as may be done.
[Pre-2006 Recodification Citation: 21-5-11-2.]
As added by P.L.2-2006, SEC.170.

Structure Indiana Code

Indiana Code

Title 20. Education

Article 47. Related Entities; Holding Companies; Lease Agreements

Chapter 2. Public Holding Companies

20-47-2-1. Application

20-47-2-2. "Capital Actually Invested"

20-47-2-3. "Lessor Corporation"

20-47-2-4. "School Building"

20-47-2-5. Powers; Lease of School Building

20-47-2-6. Qualifications of Lessor Corporation; Permissible Interest; Return of Capital; Recovery of Expenses

20-47-2-7. Required Terms of Lease Agreement

20-47-2-8. Lessor Corporation; Submission of Preliminary Plans

20-47-2-9. Permissible Provisions of Lease; Payment of Taxes; Insurance

20-47-2-10. Lease Preceding Acquisition of Land

20-47-2-11. Required Public Hearing; Notice of Lease Terms

20-47-2-12. Conduct of Public Hearing; Lease Authorization Procedures

20-47-2-13. Notice of Signing of Lease; Appeal

20-47-2-14. Limitation on Time to File Appeal

20-47-2-15. Acquisition of Land for Building Site; Sale to Lessor Corporation

20-47-2-16. Lessor Corporation; Sale of Bonds and Securities; Mortgage Bonds

20-47-2-17. Refunding of Outstanding Bonds; Appeal

20-47-2-18. Issuance of Bonds; Use of Proceeds to Refund Outstanding Bonds and Make Improvements; Appeal

20-47-2-19. Option to Purchase; Bonds to Fund Purchase

20-47-2-20. Required Levy; Payment of Obligations

20-47-2-21. Exemption of Lessor Corporation Property From Taxes

20-47-2-22. Statutory Construction; Supplemental Legislation; Limitation of Application of Other Laws

20-47-2-23. Termination of Lease; Disposition of Surplus Revenues