Sec. 34. (a) The securities division of the office of the secretary of state shall administer this chapter.
(b) The commissioner and any employees of the commissioner may not do the following:
(1) Use for personal gain or benefit any information that:
(A) is filed with the commissioner or obtained by the commissioner; and
(B) is not public information.
(2) Conduct securities dealings or commodity dealings based on public or confidential information that is filed with the commissioner or obtained by the commissioner if there has not been a sufficient time for the securities markets or commodity markets to assimilate the information.
(c) Except as provided in subsection (d), all information that is collected, assembled, or maintained by the commissioner:
(1) is public information; and
(2) is available for inspection by the public.
(d) The following information is not public information and may not be made available by the commissioner for public inspection:
(1) Information obtained in private investigations under section 28(a) or 28(d) of this chapter.
(2) Information that:
(A) is obtained from a federal agency; and
(B) may not be disclosed under federal law.
(e) The commissioner shall have the discretion to disclose any information that is confidential under subsection (d)(1) to a person described in section 35(a) of this chapter.
(f) This chapter does not create or derogate any privilege that exists at common law, by statute, or otherwise, when any documentary evidence or other evidence is sought under subpoena directed to the commissioner or any employee of the commissioner.
As added by P.L.177-1991, SEC.10.
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