Sec. 5. 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 corporation held by the officer or the employment or agency relationship undertaken by the employee or agent on behalf of the corporation.
"Official capacity" does not include service for any other foreign or domestic corporation or any partnership, limited liability company, joint venture, trust, employee benefit plan, or other enterprise, whether for profit or not.
As added by P.L.149-1986, SEC.21. Amended by P.L.8-1993, SEC.304.
Structure Indiana Code
Title 23. Business and Other Associations
Article 1. Indiana Business Corporation Law
Chapter 37. Indemnification of Directors, Officers, Employees, and Agents
23-1-37-1. "Corporation" Defined
23-1-37-4. "Liability" Defined
23-1-37-5. "Official Capacity" Defined
23-1-37-7. "Proceeding" Defined
23-1-37-8. Indemnification of Director Against Liability
23-1-37-9. Mandatory Indemnification of Director Against Expenses
23-1-37-10. Reimbursement of Expenses in Advance of Final Disposition
23-1-37-11. Application to Court for Indemnification
23-1-37-12. Authorization of Indemnification
23-1-37-13. Officers, Employees, and Agents; Indemnification and Advance of Expenses
23-1-37-14. Insurance Against Liability
23-1-37-15. Indemnification Rights Under Articles of Incorporation, Bylaws, or Resolutions