Sec. 13.5. (a) This section applies to a nonparticipating manufacturer whose principal place of business is located outside the United States.
(b) Each year, a nonparticipating manufacturer shall provide to the attorney general a declaration from each of the nonparticipating manufacturer's importers that does the following:
(1) States that the importer assumes joint and several liability with the nonparticipating manufacturer for the following payments, penalties, costs, and fees with respect to the importer:
(A) Any escrow payments required under IC 24-3-3-12(2) for deposit in a qualified escrow fund.
(B) Any penalties assessed against the nonparticipating manufacturer under IC 24-3-3 or this chapter.
(C) Payment of all costs and fees recovered by the state against the nonparticipating manufacturer under section 28 of this chapter.
(2) Appoints a registered agent for service of process for the importer and provides notice in accordance with section 16 of this chapter.
The attorney general shall prescribe the form of a declaration under this subsection, including dates for filing the declaration.
As added by P.L.24-2010, SEC.4.
Structure Indiana Code
Chapter 5.4. Master Settlement Agreement Protection Act
24-3-5.4-6. "Master Settlement Agreement"
24-3-5.4-6.5. "Newly Qualified Nonparticipating Manufacturer"
24-3-5.4-7. "Nonparticipating Manufacturer"
24-3-5.4-8. "Participating Manufacturer"
24-3-5.4-9. "Qualified Escrow Fund"
24-3-5.4-11. "Tobacco Product Manufacturer"
24-3-5.4-13.5. Importers Required to Provide Information to the Attorney General
24-3-5.4-13.6. Bonds Required for Certain Newly Qualified and Certain Nonparticipating Manufacturers
24-3-5.4-14. Brand Family Directory; Refunds
24-3-5.4-15. Stamping, Sale, or Importation of Unlisted Cigarettes Prohibited
24-3-5.4-16. Appointment of Agent by Foreign Nonparticipating Manufacturer; Termination of Agency
24-3-5.4-18. Disclosure of Information Received
24-3-5.4-19. Proof of Qualified Escrow Fund by Nonparticipating Manufacturer
24-3-5.4-21. Revocation of Suspension of Distributor's License; Penalty
24-3-5.4-22. Seizure and Forfeiture of Unlisted Cigarettes
24-3-5.4-24. Violation; Infraction or Class C Misdemeanor
24-3-5.4-25. Unfair and Deceptive Business Practice
24-3-5.4-27. Issuance of Registration Certificate
24-3-5.4-28. Recovery of Costs
24-3-5.4-29. Disgorged Profits
24-3-5.4-30. Penalties Deposited in Enforcement and Administration Fund