Sec. 7. (a) "Distribution" means a direct or indirect transfer of money or other property (except a corporation's own shares) or incurrence or transfer of indebtedness by a corporation to or for the benefit of its shareholders in respect of any of its shares under IC 23-1-28. A distribution may be in the form of a declaration or payment of a dividend; a purchase, redemption, or other acquisition of shares; a distribution of indebtedness; or otherwise.
(b) The term does not include:
(1) amounts constituting reasonable compensation for past or present services or reasonable payments made in the ordinary course of business under a bona fide retirement plan or other benefit program; or
(2) the making of or payment or performance upon a bona fide guaranty or similar arrangement by a corporation to or for the benefit of its shareholders.
However, the failure of an amount to satisfy subdivision (1), or of a payment or performance to satisfy subdivision (2), is not determinative of whether the amount, payment, or performance is a distribution.
As added by P.L.149-1986, SEC.4. Amended by P.L.130-2006, SEC.3.
Structure Indiana Code
Title 23. Business and Other Associations
Article 1. Indiana Business Corporation Law
Chapter 20. General Definitions
23-1-20-2. "Articles of Incorporation"
23-1-20-3. "Authorized Shares"
23-1-20-3.5. "Beneficial Owner"
23-1-20-5. "Corporation; Domestic Corporation"
23-1-20-6. "Deliver" or "Delivery"
23-1-20-6.5. "Derivative Instrument"
23-1-20-8. "Effective Date of Notice"
23-1-20-8.5. "Electronic Transmission" or "Electronically Transmitted"
23-1-20-11. "Foreign Corporation"
23-1-20-12. "Governmental Subdivision"
23-1-20-19. "Principal Office"
23-1-20-24.5. "Sign" or "Signature"
23-1-20-29. Method of Giving Notice; Effectiveness
23-1-20-30. Persons or Entities Constituting One Shareholder