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
Article 47. Related Entities; Holding Companies; Lease Agreements
Chapter 2. Public Holding Companies
20-47-2-2. "Capital Actually Invested"
20-47-2-3. "Lessor Corporation"
20-47-2-5. Powers; Lease of School Building
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
20-47-2-19. 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
20-47-2-23. Termination of Lease; Disposition of Surplus Revenues