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Chapter 1. Legislative Findings
33-44-1-1. Legislative Findings - Sec. 1. The general assembly finds that: (1) due to...
33-44-1-2. Purpose - Sec. 2. It is the purpose of this article to...
Chapter 2. Application of Article
33-44-2-1. Application of Article; Activities - Sec. 1. This article does not apply to an activity...
33-44-2-2. Investment of Nonqualified Funds; Application of Article - Sec. 2. This article does not apply to the investment...
33-44-2-3. Disciplinary Action - Sec. 3. An attorney is not subject to disciplinary action...
Chapter 3. Definitions
33-44-3-1. Definitions; Application - Sec. 1. The definitions in this chapter apply throughout this...
33-44-3-2. "Attorney" - Sec. 2. "Attorney" means an individual in good standing admitted...
33-44-3-3. "Board" - Sec. 3. "Board" refers to the Indiana attorney trust account...
33-44-3-4. "Depository Financial Institution" - Sec. 4. "Depository financial institution" means a bank, a bank...
33-44-3-5. "Eligible Client" - Sec. 5. "Eligible client" means a person: (1) who resides...
33-44-3-6. "Fee Generating Case" - Sec. 6. "Fee generating case" means a case or matter...
33-44-3-7. "Fund" - Sec. 7. "Fund" refers to the Indiana attorney trust account...
33-44-3-8. "Interest Bearing Attorney Trust Account" - Sec. 8. "Interest bearing attorney trust account" means an account...
33-44-3-9. "Legal Assistance" - Sec. 9. (a) "Legal assistance" means direct representation by an...
33-44-3-10. "Qualified Funds" - Sec. 10. "Qualified funds" means money received by an attorney...
33-44-3-11. "Qualified Legal Services Provider" - Sec. 11. "Qualified legal services provider" means a nonprofit organization...
Chapter 4. Indiana Attorney Trust Account Board
33-44-4-1. Attorney Trust Account Board Established - Sec. 1. The Indiana attorney trust account board is established....
33-44-4-2. Members - Sec. 2. The board consists of eleven (11) members. [Pre-2004...
33-44-4-3. Appointment of Members; Chief Justice - Sec. 3. The chief justice of the supreme court shall...
33-44-4-4. Appointment of Members; Government Officials - Sec. 4. The following officials shall each appoint one (1)...
33-44-4-5. Considerations by Chief Justice in Appointing Members - Sec. 5. The chief justice shall consider the following factors...
33-44-4-6. Political Affiliation of Members - Sec. 6. Not more than four (4) of the members...
33-44-4-7. Term of Members - Sec. 7. A member of the board serves a term...
33-44-4-8. Vacancies - Sec. 8. The appointing authority shall fill a vacancy on...
33-44-4-9. Chairperson; Appointment by Chief Justice - Sec. 9. The chief justice shall appoint a member of...
33-44-4-10. Term of Chairperson - Sec. 10. The term of a chairperson begins January 1...
33-44-4-11. Compensation of Members Who Are Not State Employees; Salary; Reimbursement of Expenses - Sec. 11. A member of the board who is not...
33-44-4-12. Compensation of Members Who Are State Employees; Reimbursement of Expenses - Sec. 12. A member of the board who is a...
33-44-4-13. Administration of Fund - Sec. 13. The board shall administer the fund in accordance...
33-44-4-14. Receipt and Management of Property - Sec. 14. The board may receive, hold, and manage property....
33-44-4-15. Adoption of Rules - Sec. 15. The board may adopt rules under IC 4-22-2...
33-44-4-16. Development of Programs - Sec. 16. The board shall develop programs to: (1) educate...
Chapter 5. Participation by Attorneys
33-44-5-1. Application of Chapter - Sec. 1. Except as provided in section 2 of this...
33-44-5-2. Attorneys Not Subject to Article - Sec. 2. An attorney is not subject to this article...
33-44-5-3. Written Statement of Attorney; Procedure - Sec. 3. The statement submitted under section 2 of this...
33-44-5-4. Presumption if Written Statement Not Filed - Sec. 4. If an attorney does not act under section...
33-44-5-5. Placement of Funds; Interest Bearing Attorney Trust Account - Sec. 5. An attorney subject to this article shall place...
33-44-5-6. Qualified Funds; Determination by Attorney - Sec. 6. An attorney subject to this article shall determine...
33-44-5-7. Determination of Qualified Funds; Considerations - Sec. 7. In making the determination under section 6 of...
33-44-5-8. Good Faith Judgment Concerning Deposit of Funds; Attorney Liability - Sec. 8. An attorney: (1) does not breach a fiduciary...
Chapter 6. Interest Bearing Attorney Trust Accounts
33-44-6-1. Trust Accounts Containing Qualified Funds; Transition to Interest Bearing Attorney Trust Account - Sec. 1. If the depositor and depository financial institution agree,...
33-44-6-2. Terms and Conditions - Sec. 2. The terms and conditions of an interest bearing...
33-44-6-3. Interest Accrued by Account; Board Ownership of Beneficial Interest - Sec. 3. The board owns the beneficial interest in the...
33-44-6-4. Remittance of Interest Earned on Account - Sec. 4. Except for amounts deducted under terms or conditions...
33-44-6-5. Remittance of Interest; Procedure - Sec. 5. A depository financial institution shall make the remittance...
33-44-6-6. Statement of Depository Financial Institution Required Upon Remittance - Sec. 6. A depository financial institution shall transmit a statement...
33-44-6-7. Contents of Statement of Depository Financial Institution - Sec. 7. The statement described in section 6 of this...
33-44-6-8. Duty of Institution to Determine or Inquire Into Type of Funds Deposited - Sec. 8. A depository financial institution is not required to...
33-44-6-9. Release and Discharge of Depository Financial Institution - Sec. 9. The remittance of interest by a depository financial...
33-44-6-10. Limitation on Actions Against Depository Financial Institution - Sec. 10. An entity may not maintain an action against...
33-44-6-11. Confidentiality of Information Identifying Beneficial Owner of Account - Sec. 11. A paper, a record, a document, or other...
33-44-6-12. Disclosure of Account Information by Board or Institution - Sec. 12. The board or a depository financial institution may...
Chapter 7. Indiana Attorney Trust Account Fund
33-44-7-1. Establishment - Sec. 1. The Indiana attorney trust account fund is established...
33-44-7-2. Administration - Sec. 2. The fund shall be administered by the board...
33-44-7-3. Deposit of Interest Remitted - Sec. 3. The board shall deposit the interest remitted under...
33-44-7-4. Public Fund - Sec. 4. The money in the fund consists of public...
33-44-7-5. Investment of Funds - Sec. 5. The treasurer of state shall invest the money...
33-44-7-6. Nonreversion of Money in Fund - Sec. 6. Money in the fund at the end of...
33-44-7-7. Income Received by Board From Remittance of Interest Not Taxable to Attorney or Client - Sec. 7. For purposes of Indiana law, income received by...
33-44-7-8. Disbursements; Limitations - Sec. 8. The board may not disburse money in the...
33-44-7-9. Order and Amount of Disbursements - Sec. 9. During each year the board shall disburse money...
33-44-7-10. Receipt of Disbursed Funds for Legal Assistance to Eligible Clients; Eligibility for Other Funds - Sec. 10. An entity that receives funds disbursed under section...
33-44-7-11. Receipt of Disbursed Funds for Programs Assisting in Improvement of Administration of Justice; Eligibility for Other Funds - Sec. 11. An entity that receives funds disbursed under section...
33-44-7-12. Contracts; Award of Grants - Sec. 12. The board shall periodically: (1) enter into contracts...
33-44-7-13. Considerations in Making Disbursements - Sec. 13. In making disbursements from the fund under section...
33-44-7-14. Total Administrative Costs; Maximum - Sec. 14. Total administrative costs, including payments to board members...
33-44-7-15. Fund Audits; Audits of Fund Disbursement Recipients - Sec. 15. The state board of accounts shall audit the...
Chapter 8. Board Employees
33-44-8-1. Executive Director; Appointment - Sec. 1. The board may appoint an executive director to...
33-44-8-2. Powers of Executive Director - Sec. 2. The executive director may: (1) employ persons; or...
33-44-8-3. Employees Serve at Pleasure of Board - Sec. 3. An employee of the board serves at the...
Chapter 9. Annual Report
33-44-9-1. Annual Report; Format - Sec. 1. The board shall file a report with: (1)...
33-44-9-2. Contents of Annual Report - Sec. 2. The report filed under section 1 of this...