Sec. 11. Unless a corporation's articles of incorporation provide otherwise, a director of the corporation who is a party to a proceeding may apply for indemnification to the court conducting the proceeding or to another court of competent jurisdiction. On receipt of an application, the court after giving any notice the court considers necessary may order indemnification if the court determines:
(1) the director is entitled to mandatory indemnification under section 9 of this chapter, in which case the court shall also order the corporation to pay the director's reasonable expenses incurred to obtain court-ordered indemnification; or
(2) the director is fairly and reasonably entitled to indemnification in view of all the relevant circumstances, whether or not the director met the standard of conduct set forth in section 8 of this chapter.
As added by P.L.14-1992, SEC.163.
Structure Indiana Code
Title 28. Financial Institutions
Article 13. Corporate Governance
Chapter 13. Indemnification of Directors
28-13-13-1. "Corporation" Defined
28-13-13-2. "Director" Defined; Scope of Term
28-13-13-3. "Expenses" Defined
28-13-13-4. "Liability" Defined
28-13-13-5. "Official Capacity" Defined; Scope of Term
28-13-13-7. "Proceeding" Defined
28-13-13-8. Conditional Indemnification of Director Against Liability
28-13-13-9. Mandatory Indemnification of Director for Expenses of Successful Defense of Proceeding
28-13-13-10. Advancement of Expenses Before Final Disposition of Proceeding; Conditions; Procedure
28-13-13-11. Court Ordered Indemnification; Determination
28-13-13-12. Standards for Conditional Determinations and Authorizations; Procedure
28-13-13-13. Indemnification of Corporate Officers and Employees Other Than Directors
28-13-13-14. Liability Insurance Purchased and Maintained by Corporation