Sec. 1.3. (a) A company or shareholder is considered to have control over another company if:
(1) the company or shareholder, directly or indirectly, or acting through at least one (1) other person owns, controls, or has power to vote at least twenty-five percent (25%) of any class of voting securities of the other company;
(2) the company or shareholder controls in any manner the election of a majority of the directors or trustees of the other company; or
(3) the department determines, after notice and opportunity for hearing, that the company or shareholder, directly or indirectly, exercises a controlling influence over the management or policies of the other company.
(b) Notwithstanding any other provision of this chapter, a company is not considered to own or control another company by virtue of its ownership or control of shares in a fiduciary capacity, except as provided in subsection (a)(3) or if the company owning or controlling the shares is a business trust.
As added by P.L.14-1992, SEC.97.
Structure Indiana Code
Title 28. Financial Institutions
Article 1. Department of Financial Institutions
Chapter 18.2. Examination of Affiliates
28-1-18.2-1. "Affiliate" Defined; Scope of Term
28-1-18.2-1.1. "Company" Defined
28-1-18.2-1.2. "Subsidiary" Defined
28-1-18.2-1.3. Control Over Another Company; Fiduciary Ownership or Control of Shares
28-1-18.2-4. Powers of Department; Assessment of Expenses; Penalty for Refusal to Permit Examination
28-1-18.2-5. Applicability of Certain Provisions of Federal Reserve Act and Regulations; Violations