Sec. 6.1. (a) Not more than ninety (90) days after the end of a licensee's fiscal year, the licensee shall file with the agency a current review level financial statement or better financial statement that reflects the licensee's financial situation for the previous fiscal year. The financial statement must be submitted with the licensee's renewal forms and fees.
(b) A financial statement submitted under this section must:
(1) be prepared by an independent accountant certified under IC 25-2.1;
(2) comply with generally accepted accounting principles; and
(3) contain:
(A) an income statement;
(B) a balance sheet;
(C) a statement of cash flow;
(D) a statement of retained earnings;
(E) an aged accounts receivable listing detailing accounts that are ninety (90) days due, one hundred twenty (120) days due, and more than one hundred twenty (120) days due;
(F) a copy of the daily position record for the end of the licensee's fiscal year;
(G) the preparer's notes; and
(H) other information the agency requires.
The director may adopt rules under IC 4-22-2 to allow the agency to accept other substantial supporting documents instead of those listed to determine the financial solvency of the applicant if the director determines that providing the listed documents creates a financial or other hardship on the applicant or licensee.
(c) If the licensee has failed to timely file the financial statement, renewal form, or renewal fee as required in subsection (a), the agency may assess a fine as follows:
(1) Fifty percent (50%) of the licensee's renewal fee for a financial statement, renewal form, or renewal fee that is at least one (1) day and not more than sixty (60) days late.
(2) One hundred percent (100%) of the licensee's renewal fee for a financial statement, renewal form, or renewal fee that is more than sixty (60) days late.
(d) The agency may file a notice of hearing for any fines assessed under subsection (c).
As added by P.L.64-2009, SEC.5. Amended by P.L.60-2015, SEC.8; P.L.134-2015, SEC.2.
Structure Indiana Code
Chapter 7. Indiana Grain Buyers and Warehouse Licensing and Bonding Law
26-3-7-1. Indiana Grain Buyers and Warehouse Licensing Agency; Employees
26-3-7-1.5. Liberal Construction
26-3-7-2.2. Determination of a Single Warehouse
26-3-7-3. Powers and Duties of Director
26-3-7-4. License; Application; Exemptions; Suspension or Revocation; Prohibited Operation
26-3-7-4.1. Renewal Application
26-3-7-5. Inspection and Certification of Scales
26-3-7-6.1. Financial Statement; Fines
26-3-7-6.3. Grain Buyers and Warehouse Licensing Agency License Fee Fund
26-3-7-6.5. Disclosure of Information; Investigations
26-3-7-7. Issuance of License or Permit; False Statements; Applicant's Qualifications
26-3-7-8.5. Licensing Requirements of Successor Owner
26-3-7-9. Bond, Cash Deposit, or Letter of Credit
26-3-7-10. Amount of Bond, Cash Deposit, Letter of Credit, or Other Surety; Deficiencies; Penalties
26-3-7-12. Insurance; Filing of Certificate; Settlement With Depositor in Case of Destruction
26-3-7-13. Additional Bond, Cash Deposit, Letter of Credit, or Insurance
26-3-7-14. Cancellation of Bond or Insurance; Approval; Notice; Suspension of License
26-3-7-16. Maintenance of Minimum Net Worth
26-3-7-16.5. Determination of Shortages; Payment of Claims; Hearings and Procedures
26-3-7-16.8. Liens on Grain Assets
26-3-7-17.1. Possible Violations; Powers of Director; Procedures
26-3-7-17.5. Notice of Suspension or Revocation of License; Notice of Denial of Application
26-3-7-18. Revocation, Expiration, or Suspension of License; Effect Upon Operation
26-3-7-19. Receipt of Grain; Ownership of Deposited Grain
26-3-7-20. Grain Owned by Licensee; Receipts; Transfer
26-3-7-21. Uniform Warehouse Receipts Act; Application to Transactions
26-3-7-22. Commingling of Grain
26-3-7-23. Return of Grain to Depositor
26-3-7-24. Duplicate Receipts; Restriction; Requisites; Bond
26-3-7-26.5. Deferred Pricing Agreement; Conditions; Penalties
26-3-7-28. Records and Accounts; Retention
26-3-7-29. Display of License or Permit; Schedule of Charges; Sign
26-3-7-30. Receipt Forms; Requests; Cost; Requisites for Accountability
26-3-7-31. Grain Shortages; Appointment of Receiver; Notice of Actions and Orders
26-3-7-32. Injunctions; Unlawful Removal of Grain; Temporary Restraining Orders
26-3-7-33. Examination of Warehouse; Fee; Expenses