Indiana Code
Chapter 6. General Powers of a Savings Bank
28-6.1-6-22.5. Profit or Commission on Sales or Purchases; Necessity of Specific Authorization; Surcharge

Sec. 22.5. (a) Except for interest at the legal rate on a loan or advancement, a savings bank may not, directly or indirectly, receive a profit or commission from the sale to or purchase from an estate, a guardianship, or a trust of which the savings bank is the fiduciary unless the profit or commission is authorized by agreement with the creator of the trust or a court with jurisdiction over the estate, guardianship, or trust.
(b) A savings bank that receives a profit or commission in violation of subsection (a) shall be surcharged an amount equal to the profit or commission. In addition, a court with jurisdiction over the estate, guardianship, or trust may remove the savings bank as the fiduciary.
As added by P.L.192-2003, SEC.5.

Structure Indiana Code

Indiana Code

Title 28. Financial Institutions

Article 6.1. Savings Banks

Chapter 6. General Powers of a Savings Bank

28-6.1-6-1. Discounting, Negotiating, Selling, and Guaranteeing Evidences of Debt

28-6.1-6-2. Buying and Selling Exchange, Coin, and Bullion

28-6.1-6-3. Loaning Money; Engaging in Tax Equity Finance Transactions

28-6.1-6-4. Borrowing Money

28-6.1-6-5. Receiving Savings and Demand Deposits

28-6.1-6-6. Receiving Deposits of Securities and Personal Property

28-6.1-6-7. Contracting for and Receiving Highest Rate of Interest

28-6.1-6-8. Accepting Drafts for Future Payment; Issuing Letters of Credit

28-6.1-6-9. Exercising General Banking Powers; Issuing Money

28-6.1-6-10. Receiving Deposits of State and Federal Public Funds

28-6.1-6-11. Acting as Fiscal or Transfer Agent of Government Bodies

28-6.1-6-12. Transferring, Registering, and Countersigning Certificates of Stock, Bonds, and Other Evidences of Indebtedness

28-6.1-6-13. Acting as Agent to Buy and Sell Transportation

28-6.1-6-14. Soliciting and Writing Insurance; Acting as Insurance Producer for Life Insurance or Annuity; Prohibitions; Authority to Purchase and Hold Life Insurance

28-6.1-6-15. Acting as Attorney

28-6.1-6-16. Receiving Personal Property for Deposit

28-6.1-6-17. Acting Under Court Appointment

28-6.1-6-18. Acting in Probate

28-6.1-6-19. Acting as Guardian, Trustee, or Personal Representative

28-6.1-6-20. Taking, Accepting, and Executing Trusts

28-6.1-6-21. Acting in Fiduciary Capacity

28-6.1-6-22. Receiving Fees, Commissions, Gifts, and Things of Value

28-6.1-6-22.5. Profit or Commission on Sales or Purchases; Necessity of Specific Authorization; Surcharge

28-6.1-6-23. Requesting Mergers, Consolidations, and Joinings

28-6.1-6-24. Request to Exercise Rights and Privileges Granted to National Banks; Appeal

28-6.1-6-25. Requirement to Provide Property Tax Information in Certain Transactions

28-6.1-6-26. Authorization for Savings Banks to Use Fiduciary Funds in Conflict of Interest Transactions; Conditions; Notice; Required Consent