Sec. 25. (a) The act, omission, or failure of any official, agent, or other person acting for an individual, an association, a partnership, a limited liability company, a corporation, or a trust within the scope of the official's, agent's, or person's employment or office constitutes the act, omission, or failure of both:
(1) the individual, association, partnership, limited liability company, corporation, or trust; and
(2) the official, agent, or person.
(b) Except as provided in subsection (c), the following are jointly and severally liable for the violation of this chapter by a person and are liable to the same extent as the person:
(1) Each person who directly or indirectly controls the person who committed the violation.
(2) Each partner, officer, and director of the person who committed the violation.
(3) Each person occupying a similar status or performing a similar function as a partner, officer, or director described in subdivision (2).
(4) Each person who:
(A) is an employee of the person who committed the violation; and
(B) materially aids in the violation.
(c) A person is not liable under subsection (b) if the person proves that the person:
(1) did not know; and
(2) in exercise of reasonable care could not have known;
of the existence of the facts on which the liability is alleged to exist.
As added by P.L.177-1991, SEC.10. Amended by P.L.8-1993, SEC.316.
Structure Indiana Code
Title 23. Business and Other Associations
Article 2. Securities and Franchises
Chapter 6. Indiana Commodity Code
23-2-6-1. "Board of Trade" Defined
23-2-6-2. "Commissioner" Defined
23-2-6-5. "Commodity Broker-Dealer" Defined
23-2-6-6. "Commodity Contract" Defined
23-2-6-7. "Commodity Exchange Act" Defined
23-2-6-8. "Commodity Futures Trading Commission" Defined
23-2-6-9. "Commodity Merchant" Defined
23-2-6-10. "Commodity Option" Defined
23-2-6-11. "Commodity Sales Representative" Defined
23-2-6-12. "Financial Institution" Defined
23-2-6-15. "Precious Metal" Defined
23-2-6-17. Limitations; Commodity Contracts or Options
23-2-6-18. Persons Permitted to Offer Transactions Under Ic 23-2-6-17
23-2-6-19. Contracts or Transactions Permitted Under Ic 23-2-6-17
23-2-6-20. Waiver of Requirements; Qualified Sellers; Limitation on Authority to Engage in Business
23-2-6-21. Summary Denial or Suspension of Exemption; Qualified Sellers
23-2-6-23. Registration of Commodity Merchants; Places for Trading Commodities or Options
23-2-6-25. Liability; Violation of Chapter
23-2-6-26. Effect of Chapter on Securities Law
23-2-6-27. Construction and Implementation of Chapter
23-2-6-28. Investigations; Examinations; Hearings; Civil Penalties
23-2-6-29. Cease and Desist Orders; Civil Remedies
23-2-6-30. Violations; Special Remedies
23-2-6-31. Commodity Codes of Other States; Violations; Remedies
23-2-6-32. Bonds; Official Actions
23-2-6-34. Administration of Chapter
23-2-6-35. Cooperation With Other Authorities
23-2-6-36. Rules; Forms; Orders
23-2-6-38. Application of Sections Ic 23-2-6-17, Ic 23-2-6-23, and Ic 23-2-6-24
23-2-6-39. Administrative Proceedings
23-2-6-40. Summary Orders; Final Orders
23-2-6-41. Review; Final Orders of Commissioner