Indiana Code
Title 23. Business and Other Associations
Article 2. Securities and Franchises

23-2-2.5-3. Exempt Franchisors; Number of Indiana Franchises; Net Worth; Business Experience; Disclosures to Franchisees - Sec. 3. Sections 9 through 24 of this chapter do...

23-2-2.5-4. Exempt Franchisees - Sec. 4. The offer of sale of a franchise by...

23-2-2.5-5. Sales Exempted by Commissioner - Sec. 5. Section 9 does not apply to an offer...

23-2-2.5-6. Denial or Revocation of Exemptions; Grounds - Sec. 6. The commissioner may, without a hearing, issue a...

23-2-2.5-7. Notice of Denial or Revocation of Exemptions; Hearing - Sec. 7. (a) Upon the entry of a stop order...

23-2-2.5-8. Determination of Exemption; Request; Fee; Notice; Hearing; Order - Sec. 8. (a) The commissioner may determine whether any proposed...

23-2-2.5-9. Offer or Sale of Franchise; Requisites; Disclosure Statement - Sec. 9. No person may offer or sell any franchise:...

23-2-2.5-10. Repealed - Formerly: Acts 1975, P.L.262, SEC.1. As amended by P.L.8-1993, SEC.310....

23-2-2.5-10.5. Registration of Franchise; Notification Form - Sec. 10.5. (a) A person who wants to offer for...

23-2-2.5-11. Signatures and Verifications - Sec. 11. Registration notification forms, registration renewal forms, and amendments...

23-2-2.5-12. Escrow or Impoundment of Franchise Fees; Inadequate Funding - Sec. 12. If the commissioner finds that: (1) the franchisor...

23-2-2.5-13. Disclosure Statements - Sec. 13. A registration notification form filed under section 10.5...

23-2-2.5-13.1. Material Change in Information; Amended Disclosure Statement Required - Sec. 13.1. (a) Subject to subsection (b), a person that...

23-2-2.5-14. Stop Orders; Descriptions of Charges - Sec. 14. (a) The commissioner may, without a hearing, issue...

23-2-2.5-15. Notice of Stop Order - Sec. 15. (a) Upon the entry of a stop order...

23-2-2.5-16. Stop Orders; Vacating or Modifying - Sec. 16. The commissioner may vacate or modify a stop...

23-2-2.5-17. Effectiveness of Registration - Sec. 17. If no stop order under section 14 of...

23-2-2.5-18. Renewal of Registration; Period - Sec. 18. A registration by notification may be renewed by...

23-2-2.5-19. Renewal Forms - Sec. 19. A registration renewal form shall be in the...

23-2-2.5-20. Repealed - Formerly: Acts 1975, P.L.262, SEC.1. As amended by P.L.233-1985, SEC.3....

23-2-2.5-21. Records of Sales - Sec. 21. Every franchisor offering franchises for sale shall maintain...

23-2-2.5-22. Experts - Sec. 22. The commissioner may accept and act upon the...

23-2-2.5-23. Registration or Filing Not Considered Finding Upon Merits - Sec. 23. (a) Neither: (1) the fact that a registration...

23-2-2.5-24. Consent to Service of Process on Secretary of State - Sec. 24. Before a person may offer to sell franchises...

23-2-2.5-25. Repealed - Formerly: Acts 1975, P.L.262, SEC.1. Repealed by P.L.30-2002, SEC.3.

23-2-2.5-26. Advertisements Containing False Statements; Notification; Hearing - Sec. 26. No person shall publish or cause to be...

23-2-2.5-27. Fraud or Deceit Unlawful - Sec. 27. It is unlawful for any person in connection...

23-2-2.5-28. Violations; Judgment; Damages; Interest; Attorney's Fees - Sec. 28. A person who recovers judgment for a violation...

23-2-2.5-29. Aiders and Abettors in Violations; Joint and Several Liability - Sec. 29. Every person who materially aids or abets in...

23-2-2.5-30. Limitation of Actions - Sec. 30. A person may not maintain an action to...

23-2-2.5-31. Survival of Actions - Sec. 31. Every civil action under this chapter survives the...

23-2-2.5-32. Remedies - Sec. 32. Whenever it appears to the commissioner that any...

23-2-2.5-33. Investigations; Proceedings; Powers; Self-Incrimination - Sec. 33. (a) The commissioner may in his discretion make...

23-2-2.5-34. Violations; Orders and Notices; Hearing; Costs; Civil Penalties; Enforcement Action - Sec. 34. (a) If it appears to the commissioner that:...

23-2-2.5-35. Offer of Franchise Exempt From Registration Without Compliance With Ic 23-2-2.5-3 and Ic 23-2-2.5-27; Cease and Desist Order; Hearing - Sec. 35. If, in the opinion of the commissioner, the...

23-2-2.5-36. Prosecution of Violations - Sec. 36. The commissioner may refer such evidence as is...

23-2-2.5-37. Violations; Felony - Sec. 37. A person who knowingly violates this chapter commits...

23-2-2.5-38. Conduct Equivalent to Appointment of Secretary of State for Service of Process - Sec. 38. When any person engages in conduct prohibited by...

23-2-2.5-39. Exemption or Classification; Burden of Proof - Sec. 39. The burden of proof of the entitlement to...

23-2-2.5-40. Certificate of Commissioner as Evidence - Sec. 40. In any civil or criminal proceeding under this...

23-2-2.5-41. Statements and Documents Filed With Secretary of State as Evidence - Sec. 41. Copies of any statements and documents filed in...

23-2-2.5-42. Administration of Chapter - Sec. 42. This chapter shall be administered by the office...

23-2-2.5-43. Fees and Funds; Accounting; Fees for Registration and Renewal - Sec. 43. (a) All fees and funds of whatever character...

23-2-2.5-44. Appeal - Sec. 44. An appeal may be taken by any person...

23-2-2.5-45. Assistance of Attorney General; Expenses - Sec. 45. In connection with the administration and enforcement of...

23-2-2.5-46. Liability for Performance of Official Duties - Sec. 46. Neither the secretary of state nor the commissioner,...

23-2-2.5-47. Construction and Purpose of Chapter - Sec. 47. All provisions of this chapter delegating and granting...

23-2-2.5-48. Public Records; Inspection; Disclosure or Use of Information Restricted; Copies; Destruction - Sec. 48. (a) All registration notification forms, registration renewal forms,...

23-2-2.5-49. Construction With Other Laws - Sec. 49. Nothing in this chapter shall be construed to...

23-2-2.5-50. Administrative Orders and Procedures - Sec. 50. IC 4-21.5 does not apply to proceedings under...

23-2-2.5-51. Service Stations; Succession to Ownership by Family Member of Deceased Franchisee - Sec. 51. (a) Any designated family member of a deceased...

Chapter 2.7. Deceptive Franchise Practices

23-2-2.7-1. Franchise Agreement; Unlawful Provisions - Sec. 1. It is unlawful for any franchise agreement entered...

23-2-2.7-2. Franchise Agreement; Unlawful Acts and Practices - Sec. 2. It is unlawful for any franchisor who has...

23-2-2.7-3. Termination or Election Not to Renew Franchise; Notice - Sec. 3. Unless otherwise provided in the agreement, any termination...

23-2-2.7-4. Action to Recover Damages or Reform Franchise Agreement - Sec. 4. Any franchisee who is a party to a...

23-2-2.7-5. Franchise Defined - Sec. 5. For the purposes of this chapter, franchise means...

23-2-2.7-6. Application of Chapter - Sec. 6. The provisions of this chapter apply only to...

23-2-2.7-7. Limitation of Actions - Sec. 7. No action may be brought for a violation...

Chapter 3. Repealed - Repealed by Acts 1979, P.L.235, SEC.2.

Chapter 3.1. Takeover Offers

23-2-3.1-0.5. Legislative Finding; Purpose - Sec. 0.5. (a) The general assembly finds that it is...

23-2-3.1-1. Definitions - Sec. 1. As used in this chapter: "Affiliate" means any...

23-2-3.1-2. Compliance With Designated Sections - Sec. 2. A person shall not make a takeover offer...

23-2-3.1-3. Statement; Filing With Commissioner; Copy to Target Company - Sec. 3. Any offeror, before making a takeover offer, shall:...

23-2-3.1-4. Statement; Consent to Service of Process; Filing Fee - Sec. 4. Each statement required under section 5 or 5.5...

23-2-3.1-5. Contents of Statement; Document Prepared Under Federal Law - Sec. 5. (a) If the takeover offer is subject to...

23-2-3.1-5.5. Definitions; Application of Section - Sec. 5.5. (a) The definitions in IC 23-1-20 apply to...

23-2-3.1-6. Repealed - As added by Acts 1979, P.L.235, SEC.1. Repealed by Acts...

23-2-3.1-6.5. Terms of Offer; Requisites; Number of Offerees - Sec. 6.5. No takeover offer may be made which is...

23-2-3.1-7. Hearing; Findings and Order; Notices; Expenses; Right to Appear; Insurance Companies - Sec. 7. (a) A hearing shall be held at any...

23-2-3.1-8. Purchase of Shares; Prohibition - Sec. 8. No shares shall be purchased or paid for...

23-2-3.1-8.4. Subsequent Acquisition of Equity Securities by Offeror; Equivalent Terms; Limitation - Sec. 8.4. No offeror may acquire in any manner any...

23-2-3.1-8.5. Statements of Material Fact; Omissions; False or Misleading Statements; Fraudulent, Deceptive, or Manipulative Acts - Sec. 8.5. In connection with any takeover offer, or any...

23-2-3.1-8.6. Exempt Acquisitions; Notice and Hearing to Precede Order - Sec. 8.6. (a) The provisions of sections 2 through 7...

23-2-3.1-9. Administration of Chapter; Regulations; Immunity - Sec. 9. (a) This chapter shall be administered by the...

23-2-3.1-10. Cease and Desist Orders; Injunctions; Subpoenas; Production of Books and Papers - Sec. 10. (a) Whenever it appears to the commissioner that...

23-2-3.1-11. Appeal; Notice; Transcript; Disposition on Appeal - Sec. 11. An appeal may be taken by any offeror,...

Chapter 4. Supervision of Continuing Care Contracts

23-2-4-1. Definitions - Sec. 1. As used in this chapter, the term: "Application...

23-2-4-2. Application of Chapter - Sec. 2. This chapter applies to any person who: (1)...

23-2-4-3. Registration; Application; Order - Sec. 3. (a) A provider shall register each continuing care...

23-2-4-4. Initial Disclosure Statement; Contents - Sec. 4. The initial disclosure statement shall contain the following...

23-2-4-5. Annual Disclosure Statement; Contents; Fee - Sec. 5. (a) Each year after the initial year in...

23-2-4-6. Disclosure Statements; Amendment - Sec. 6. (a) A provider shall amend its initial or...

23-2-4-7. Delivery of Disclosure Statements to Persons Executing Agreements - Sec. 7. (a) Prior to the execution of a continuing...

23-2-4-7.5. Termination of Contract - Sec. 7.5. (a) This section does not apply to a...

23-2-4-8. Sanctions Against Registration of Providers or Execution of New Continuing Care Agreements; Findings of Fact; Cease and Desist Order; Notice and Hearing - Sec. 8. (a) The commissioner may deny, revoke, or refuse...

23-2-4-9. Offense - Sec. 9. A person who knowingly or intentionally fails to...

23-2-4-10. Conditions of Registration; Deposit of Entrance and Refurbishment Fees Into Escrow Account; Limitations - Sec. 10. (a) Except as provided by section 11 of...

23-2-4-11. Letter of Credit, Negotiable Securities, or Bond Instead of Escrow Account - Sec. 11. In lieu of establishing an escrow account under...

23-2-4-12. Entrance Fees; Use - Sec. 12. Any money or property received by a provider...

23-2-4-13. Retirement Home Guaranty Fund; Creation and Expiration; Purpose; Levy - Sec. 13. (a) There is established the Indiana retirement home...

23-2-4-14. Fund; Board of Directors; Membership; Compensation - Sec. 14. (a) There is established a board of directors...

23-2-4-15. Board; Submission and Approval of Plan of Operation; Contents of Plan; Adoption of Rules - Sec. 15. (a) The board of directors shall submit to...

23-2-4-16. Termination of Bankrupt Home; Payments to Residents From Fund; Subrogation Rights of Board - Sec. 16. (a) If a continuing care retirement community is...

23-2-4-17. Fund; Examination and Regulation by Commissioner; Reports - Sec. 17. The fund is subject to examination and regulation...

23-2-4-18. Fund; Exemption From Certain Fees and Taxes - Sec. 18. The fund is exempt from payment of all...

23-2-4-19. Repealed - As added by Acts 1982, P.L.145, SEC.1. Repealed by P.L.234-1985,...

23-2-4-20. Disclosure Statements; Liability of Provider - Sec. 20. (a) If: (1) a provider enters into a...

23-2-4-21. Commissioner; Petition for Appointment of Receiver - Sec. 21. If the commissioner has reason to believe that...

23-2-4-22. Commissioner; Powers; Hearings and Investigations - Sec. 22. The commissioner, or his designated representative, may: (1)...

23-2-4-23. Violations; Cease and Desist Orders; Actions for Injunctive Relief - Sec. 23. (a) If the commissioner determines, after notice and...

23-2-4-24. Rules - Sec. 24. The commissioner shall adopt under IC 4-22-2 rules...

Chapter 5. Repealed - Repealed by P.L.175-2019, SEC.1.

Chapter 6. Indiana Commodity Code

23-2-6-1. "Board of Trade" Defined - Sec. 1. As used in this chapter, "board of trade"...

23-2-6-2. "Commissioner" Defined - Sec. 2. As used in this chapter, "commissioner" refers to...

23-2-6-3. "Cftc Rule" Defined - Sec. 3. As used in this chapter, "CFTC Rule" means...

23-2-6-4. "Commodity" Defined - Sec. 4. As used in this chapter, "commodity" means, except...

23-2-6-5. "Commodity Broker-Dealer" Defined - Sec. 5. As used in this chapter, "commodity broker-dealer" means...

23-2-6-6. "Commodity Contract" Defined - Sec. 6. As used in this chapter, "commodity contract" means...

23-2-6-7. "Commodity Exchange Act" Defined - Sec. 7. As used in this chapter, "Commodity Exchange Act"...

23-2-6-8. "Commodity Futures Trading Commission" Defined - Sec. 8. As used in this chapter, "Commodity Futures Trading...

23-2-6-9. "Commodity Merchant" Defined - Sec. 9. As used in this chapter, "commodity merchant" means...

23-2-6-10. "Commodity Option" Defined - Sec. 10. As used in this chapter, "commodity option" means...

23-2-6-11. "Commodity Sales Representative" Defined - Sec. 11. As used in this chapter, "commodity sales representative"...

23-2-6-12. "Financial Institution" Defined - Sec. 12. As used in this chapter, "financial institution" means...

23-2-6-13. "Offer" Defined - Sec. 13. As used in this chapter, "offer" means an...

23-2-6-14. "Person" Defined - Sec. 14. (a) As used in this chapter, "person" means...

23-2-6-15. "Precious Metal" Defined - Sec. 15. As used in this chapter, "precious metal" means...

23-2-6-16. "Sale" Defined - Sec. 16. As used in this chapter, "sale" means any:...

23-2-6-17. Limitations; Commodity Contracts or Options - Sec. 17. Except as provided in sections 18 and 19...

23-2-6-18. Persons Permitted to Offer Transactions Under Ic 23-2-6-17 - Sec. 18. (a) The prohibitions set forth in section 17...

23-2-6-19. Contracts or Transactions Permitted Under Ic 23-2-6-17 - Sec. 19. (a) The prohibitions set forth in section 17...

23-2-6-20. Waiver of Requirements; Qualified Sellers; Limitation on Authority to Engage in Business - Sec. 20. (a) The commissioner may unconditionally or conditionally waive...

23-2-6-21. Summary Denial or Suspension of Exemption; Qualified Sellers - Sec. 21. (a) To protect the public interest or to...

23-2-6-22. Rules; Orders - Sec. 22. The commissioner may adopt rules and issue orders...

23-2-6-23. Registration of Commodity Merchants; Places for Trading Commodities or Options - Sec. 23. (a) A person may not engage in the...

23-2-6-24. Fraud - Sec. 24. A person may not directly or indirectly: (1)...

23-2-6-25. Liability; Violation of Chapter - Sec. 25. (a) The act, omission, or failure of any...

23-2-6-26. Effect of Chapter on Securities Law - Sec. 26. This chapter does not impair, derogate, or otherwise...

23-2-6-27. Construction and Implementation of Chapter - Sec. 27. (a) This chapter shall be construed and implemented...

23-2-6-28. Investigations; Examinations; Hearings; Civil Penalties - Sec. 28. (a) The commissioner may make investigations in or...

23-2-6-29. Cease and Desist Orders; Civil Remedies - Sec. 29. (a) If the commissioner believes, whether or not...

23-2-6-30. Violations; Special Remedies - Sec. 30. (a) Upon a showing by the commissioner that...

23-2-6-31. Commodity Codes of Other States; Violations; Remedies - Sec. 31. (a) Upon a showing by the commissioner or...

23-2-6-32. Bonds; Official Actions - Sec. 32. A court may not require the commissioner to...

23-2-6-33. Penalties - Sec. 33. (a) A person who knowingly violates: (1) this...

23-2-6-34. Administration of Chapter - Sec. 34. (a) The securities division of the office of...

23-2-6-35. Cooperation With Other Authorities - Sec. 35. (a) In order to encourage uniform application and...

23-2-6-36. Rules; Forms; Orders - Sec. 36. (a) In addition to specific authority granted under...

23-2-6-37. Service of Process - Sec. 37. (a) If a person, including a person that...

23-2-6-38. Application of Sections Ic 23-2-6-17, Ic 23-2-6-23, and Ic 23-2-6-24 - Sec. 38. (a) Sections 17, 23, and 24 of this...

23-2-6-39. Administrative Proceedings - Sec. 39. (a) The commissioner shall initiate an administrative proceeding...

23-2-6-40. Summary Orders; Final Orders - Sec. 40. (a) A summary order becomes a final order...

23-2-6-41. Review; Final Orders of Commissioner - Sec. 41. (a) Any person aggrieved by a final order...

23-2-6-42. Burden of Proof; Exemptions - Sec. 42. If a person claims an exemption in any...

23-2-6-43. Failure to Make Physical Delivery; Defenses - Sec. 43. In any complaint, information, indictment, writ, or proceeding...

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Indiana Code Title 23. Business and Other Associations Article 2. Securities and Franchises

Indiana Code
Title 23. Business and Other Associations
Article 2. Securities and Franchises