reglab/housing_qa huggingface dataset:
IN Code § 23-2-2.5-29 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 2.5. Franchises|23-2-2.5-29. Aiders and Abettors in Violations; Joint and Several Liability

Sec. 29. Every person who materially aids or abets in an act or transaction constituting a violation of this chapter is also liable jointly and severally to the same extent as the person whom he aided and abetted, unless the person who aided and abetted had no knowledge of or reasonable grounds to believe in the existence of the facts by reason of which the liability is alleged to exist.Formerly: Acts 1975, P.L.262, SEC.1.
IN Code § 23-2-2.5-30 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 2.5. Franchises|23-2-2.5-30. Limitation of Actions

Sec. 30. A person may not maintain an action to enforce any liability created under this chapter unless brought before the expiration of three (3) years after discovery by the plaintiff of the facts constituting the violation.Formerly: Acts 1975, P.L.262, SEC.1.
IN Code § 23-2-2.5-31 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 2.5. Franchises|23-2-2.5-31. Survival of Actions

Sec. 31. Every civil action under this chapter survives the death of any person who might have been a plaintiff or defendant.Formerly: Acts 1975, P.L.262, SEC.1.
IN Code § 23-2-2.5-32 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 2.5. Franchises|23-2-2.5-32. Remedies

Sec. 32. Whenever it appears to the commissioner that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this chapter or any rule adopted or order issued under this chapter, the commissioner may in the commissioner's discretion bring an action in the appropriate circuit or superior court to enjoin the acts or practices, to enforce compliance with this chapter, or to obtain any other appropriate remedy. Upon proper showing, a permanent or preliminary injunction, restraining order, declaratory judgment or other appropriate remedy shall be granted and, in addition to and independent of any other remedy granted in this section, a receiver or conservator may be appointed for the defendant or the defendant's assets. The court may not require the commissioner to post a bond.Formerly: Acts 1975, P.L.262, SEC.1. As amended by P.L.136-2018, SEC.128.
IN Code § 23-2-2.5-33 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 2.5. Franchises|23-2-2.5-33. Investigations; Proceedings; Powers; Self-Incrimination

Sec. 33. (a) The commissioner may in his discretion make such investigations as he deems necessary to determine whether any person has violated or is about to violate any provision of this chapter.(b) For the purpose of any investigation or proceeding under this chapter, the commissioner or his representative may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the commissioner deems material to the inquiry.(c) Upon order of the commissioner or his representative in any hearing, depositions may be taken of any witness, to be taken in the manner prescribed by law for depositions in civil actions, and made returnable to the commissioner or his representative.(d) In case of failure by any person to obey a subpoena, the circuit or superior court, upon application by the commissioner, may issue to the person an order requiring him to appear before the commissioner, or his representative, there to produce documentary evidence, if so ordered, or to give evidence touching the matter under investigation.(e) No person is excused from attending and testifying or from producing any document or record before the commissioner, or in obedience to the subpoena of the commissioner, or his representative, or in any proceeding instituted by the commissioner, on the grounds that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture; but no person may be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after validly claiming his privilege against self-incrimination, to testify or produce evidence documentary or otherwise.Formerly: Acts 1975, P.L.262, SEC.1.
IN Code § 23-2-2.5-35 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 2.5. Franchises|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 offer of any franchise exempt from registration under this chapter is being or has been offered for sale without complying with sections 3 and 27, the commissioner may order the franchisor or offeror of such franchise to cease and desist from the further offer or sale of such franchise unless and until such offer is made in compliance with this chapter. If, after such an order has been made, a request for a hearing is filed in writing by the person affected, a hearing shall be held to commence within fifteen (15) days after the request is made, unless the person affected consents to a later date.Formerly: Acts 1975, P.L.262, SEC.1.
IN Code § 23-2-2.5-36 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 2.5. Franchises|23-2-2.5-36. Prosecution of Violations

Sec. 36. The commissioner may refer such evidence as is available concerning any violation of this chapter to the prosecuting attorney of the county in which the violation occurred, who may, with or without such a reference, institute appropriate criminal proceedings under this chapter. If evidence concerning violations of this chapter is referred to a prosecuting attorney, he shall within ninety (90) days file with the commissioner a written statement concerning any action taken or, if no action has been taken, the reasons therefor.Formerly: Acts 1975, P.L.262, SEC.1.
IN Code § 23-2-2.5-37 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 2.5. Franchises|23-2-2.5-37. Violations; Felony

Sec. 37. A person who knowingly violates this chapter commits a Level 5 felony.Formerly: Acts 1975, P.L.262, SEC.1. As amended by Acts 1978, P.L.2, SEC.2307; P.L.158-2013, SEC.262.
IN Code § 23-2-2.5-38 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 2.5. Franchises|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 this chapter, whether or not he has filed a consent to service of process under section 24 and personal jurisdiction over him cannot otherwise be obtained in this state, that conduct shall be considered equivalent to his appointment of the secretary of state or his successor in office to be his attorney to receive service of any lawful process in any civil action or proceeding against him or his successor or personal representative which grows out of that conduct and which is brought under this chapter, with the same force and validity as if served on him personally. Service shall be made in accordance with the Indiana Rules of Civil Procedure.Formerly: Acts 1975, P.L.262, SEC.1.
IN Code § 23-2-2.5-39 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 2.5. Franchises|23-2-2.5-39. Exemption or Classification; Burden of Proof

Sec. 39. The burden of proof of the entitlement to any exemption or classification provided in this chapter, in any civil or criminal proceeding is on the party claiming the exemption or classification.Formerly: Acts 1975, P.L.262, SEC.1.
IN Code § 23-2-2.5-40 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 2.5. Franchises|23-2-2.5-40. Certificate of Commissioner as Evidence

Sec. 40. In any civil or criminal proceeding under this chapter a certificate duly signed by the commissioner showing compliance or noncompliance with this chapter respecting the franchise in question or respecting compliance or noncompliance with this chapter by any person constitutes prima facie evidence of such compliance or such noncompliance and is admissible in evidence in any such proceeding.Formerly: Acts 1975, P.L.262, SEC.1.
IN Code § 23-2-2.5-41 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 2.5. Franchises|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 the office of the secretary of state and of any records of the secretary of state certified by the commissioner are admissible in any civil or criminal proceeding under this chapter to the same effect as the original of such statement, document or record would be if actually produced.Formerly: Acts 1975, P.L.262, SEC.1.
IN Code § 23-2-2.5-42 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 2.5. Franchises|23-2-2.5-42. Administration of Chapter

Sec. 42. This chapter shall be administered by the office of the secretary of state of Indiana through the commissioner.Formerly: Acts 1975, P.L.262, SEC.1.
IN Code § 23-2-2.5-43 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 2.5. Franchises|23-2-2.5-43. Fees and Funds; Accounting; Fees for Registration and Renewal

Sec. 43. (a) All fees and funds of whatever character accruing from the administration of this chapter shall be:(1) accounted for by the secretary of state;(2) paid into the state treasury monthly; and(3) placed in the same account of the state general fund as established by IC 23-19-6-1(f), from which all compensation and expenses shall be paid for the administration of this chapter.(b) The fee for filing a form for registration by notification of the sale of franchises under section 10.5 of this chapter is five hundred dollars ($500).(c) The fee for filing a registration renewal form under section 18 of this chapter is two hundred fifty dollars ($250).(d) If a registration notification form or registration renewal form is denied or withdrawn, the commissioner shall retain the amount of the fee submitted under subsection (b) or (c), as applicable.Formerly: Acts 1975, P.L.262, SEC.1. As amended by P.L.233-1985, SEC.4; P.L.168-2001, SEC.14; P.L.30-2002, SEC.2; P.L.27-2007, SEC.11; P.L.152-2020, SEC.5.
IN Code § 23-2-2.5-44 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 2.5. Franchises|23-2-2.5-44. Appeal

Sec. 44. An appeal may be taken by any person from any final order of the commissioner affecting such person in the same manner as prescribed in IC 23-19-6-9.Formerly: Acts 1975, P.L.262, SEC.1. As amended by P.L.27-2007, SEC.12.
IN Code § 23-2-2.5-45 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 2.5. Franchises|23-2-2.5-45. Assistance of Attorney General; Expenses

Sec. 45. In connection with the administration and enforcement of the provisions of this chapter, it is hereby made the duty of the attorney general of Indiana to render all necessary assistance to the commissioner upon the commissioner's request, and to that end the attorney general shall employ such legal and such other professional services as shall be necessary to adequately and fully perform such service under the direction of the commissioner as the demands of the securities division shall require, and any expenses so incurred by the attorney general for the purposes aforesaid shall be chargeable against and paid out of the securities division fund and if such fund is insufficient for the payment of such expenses and any expenses of the securities division incident to the administration of this chapter, then a sufficient sum of money for the payment of any such deficiency is hereby appropriated annually out of any money received by the secretary of state as fees for the incorporation and for the filing of the biennial reports of corporations.Formerly: Acts 1975, P.L.262, SEC.1. As amended by P.L.119-2015, SEC.24.
IN Code § 23-2-2.5-46 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 2.5. Franchises|23-2-2.5-46. Liability for Performance of Official Duties

Sec. 46. Neither the secretary of state nor the commissioner, nor any employee of the securities division shall be liable in their individual capacity, except to the state of Indiana, for any act done or omitted in connection with the performance of their respective duties under the provisions of this chapter.Formerly: Acts 1975, P.L.262, SEC.1.
IN Code § 23-2-2.5-47 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 2.5. Franchises|23-2-2.5-47. Construction and Purpose of Chapter

Sec. 47. All provisions of this chapter delegating and granting power to the secretary of state, the securities division and the commissioner shall be liberally construed to the end that the practice or commission of fraud may be prohibited and prevented, disclosure of sufficient and reliable information in order to afford reasonable opportunity for the exercise of independent judgment of the persons involved may be assured, in connection with the issuance, barter, sale, purchase, transfer or disposition of franchises in this state. It is the intent and purpose of this chapter to delegate and grant to and vest in the secretary of state, the securities division and the commissioner full and complete power to carry into effect and accomplish the purpose of this chapter and to charge them with full and complete responsibility for the effective administration thereof.Formerly: Acts 1975, P.L.262, SEC.1.
IN Code § 23-2-2.5-48 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 2.5. Franchises|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, applications to amend registrations, reports, and other papers and documents filed with the commissioner under this chapter shall be open to public inspection. The commissioner may publish any information filed with or obtained by the commissioner. No provision of this chapter authorizes the commissioner or any of the commissioner's assistants, clerks, or deputies to disclose any information withheld from public inspection except among themselves or when necessary or appropriate in a proceeding or investigation under this chapter or to other federal or state regulatory agencies. No provision of this chapter either creates or derogates from any privilege which exists at common law or otherwise when documentary or other evidence is sought under a subpoena directed to the commissioner or any of the commissioner's assistants, clerks, or deputies.(b) It is unlawful for the commissioner or any of the commissioner's assistants, clerks, or deputies to use for personal benefit any information which is filed with or obtained by the commissioner and which is not then generally available to the public.(c) Upon request, and at such reasonable charges as the commissioner prescribes by rule, the commissioner shall furnish to any person photostatic or other copies (certified by the commissioner if certification is requested) of any document which is retained as a matter of public record, except that the commissioner shall not charge or collect any fee for photostatic or other copies of any document furnished to public officers for use in their official capacity.(d) The commissioner may destroy any registration notification forms, together with the files and folders, as useless or obsolete, four (4) years after the date of registration; provided that a permanent record shall be maintained of any disciplinary action taken by the commissioner and of all orders issued under this chapter.(e) Copies on microfilm or in other form which may be retained by the commissioner of any records destroyed under this section shall be accepted for all purposes as equivalent to the original when certified by the commissioner.Formerly: Acts 1975, P.L.262, SEC.1. As amended by P.L.168-2001, SEC.15.
IN Code § 23-2-2.5-49 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 2.5. Franchises|23-2-2.5-49. Construction With Other Laws

Sec. 49. Nothing in this chapter shall be construed to relieve corporations or other business organizations from making reports required by law to be made to the secretary of state, or any other state officer, or paying the fees to be paid by corporations or other business organizations. This chapter shall not be construed to repeal any law now in force regulating the organization of corporations or other business organizations in Indiana, or the admission of any foreign corporation but the provisions of this chapter shall be construed to be additional to any provisions regulating the organization of a corporation or other business organization under the laws of Indiana, or the admission of a foreign corporation to do business in Indiana.Formerly: Acts 1975, P.L.262, SEC.1. As amended by P.L.136-2018, SEC.129.
IN Code § 23-2-2.5-50 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 2.5. Franchises|23-2-2.5-50. Administrative Orders and Procedures

Sec. 50. IC 4-21.5 does not apply to proceedings under this chapter.Formerly: Acts 1975, P.L.262, SEC.1. As amended by P.L.7-1987, SEC.103.
IN Code § 23-2-2.5-51 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 2.5. Franchises|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 service station franchisee may succeed to the ownership of the existing agreement if all of the following conditions are met:(1) The designated family member gives the service station franchisor written notice of the intention to succeed to the service station agreement within thirty (30) days of the service station franchisee's death.(2) The designated family member agrees to be bound by all terms and conditions of the existing owner's franchise agreement.(3) There is no good cause for the service station franchisor to refuse to honor the succession.For purposes of this subsection, the grounds for termination or nonrenewal of a franchise set out in the federal Petroleum Marketing Practices Act (15 U.S.C. 2801 et seq.) constitute good cause. Notification of the refusal must be submitted to the designated family member in writing within sixty (60) days after the date of the service station franchisee's death, and must specify the reasons for the refusal. The form of the written notice required under this subsection shall be prescribed in the terms of the agreement.(b) This section does not apply to agreements between franchisors and service station franchisees entered into or renewed before July 1, 1983.As added by P.L.241-1983, SEC.2.
IN Code § 23-2-2.7-3 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 2.7. Deceptive Franchise Practices|23-2-2.7-3. Termination or Election Not to Renew Franchise; Notice

Sec. 3. Unless otherwise provided in the agreement, any termination of a franchise or election not to renew a franchise must be made on at least ninety (90) day's notice.As added by Acts 1976, P.L.116, SEC.1.
IN Code § 23-2-2.7-4 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 2.7. Deceptive Franchise Practices|23-2-2.7-4. Action to Recover Damages or Reform Franchise Agreement

Sec. 4. Any franchisee who is a party to a franchise agreement entered into or renewed after July 1, 1976 which contains any provision set forth in Section 1 of this chapter or who is injured by an unfair act or practice set forth in Section 2 of this chapter may bring an action to recover damages, or reform the franchise agreement.As added by Acts 1976, P.L.116, SEC.1.
IN Code § 23-2-2.7-5 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 2.7. Deceptive Franchise Practices|23-2-2.7-5. Franchise Defined

Sec. 5. For the purposes of this chapter, franchise means any franchise as defined in IC 23-2-2.5-1, clauses (a) (1) (2) and (3), and any agreement meeting the provisions of IC 23-2-2.5-1, clauses (a) (1) and (2) which relates to the business of selling automobiles and/or trucks and the business of selling gasoline and/or oil primarily for use in vehicles with or without the sale of accessory items.As added by Acts 1976, P.L.116, SEC.1.
IN Code § 23-2-2.7-6 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 2.7. Deceptive Franchise Practices|23-2-2.7-6. Application of Chapter

Sec. 6. The provisions of this chapter apply only to agreements entered into or renewed, or act or practice occurring after July 1, 1976.As added by Acts 1976, P.L.116, SEC.1.
IN Code § 23-2-2.7-7 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 2.7. Deceptive Franchise Practices|23-2-2.7-7. Limitation of Actions

Sec. 7. No action may be brought for a violation of this chapter more than two (2) years after the violation.As added by Acts 1976, P.L.116, SEC.1.
IN Code § 23-2-3.1-0.5 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|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 often difficult for corporate shareholders to obtain sufficient information to make an informed and timely decision when faced with the questions of accepting or rejecting a takeover offer. Moreover, there have emerged a number of practices which have resulted in shareholders of Indiana corporations losing the benefits of takeover offers because they lacked the sophistication and ability to secure those benefits. These practices have included multiple proration pools, two-step transactions and similar practices, and have resulted in relatively small shareholders losing both the advantages of the takeover offer and their equity positions in the corporation.(b) By enacting this chapter, it is the intent and purpose of the general assembly to provide for full and fair disclosure of all material information concerning takeover offers to shareholders of Indiana corporations, so that the opportunity of each shareholder to make an informed and well-reasoned investment decision may be secured. It is also the purpose of the general assembly to protect shareholders of Indiana corporations from being disadvantaged by those practices described in subsection (a). Finally, it is the purpose of the general assembly to provide for adequate disclosure and that protection in a manner consistent with the Constitutions of the United States and of Indiana.As added by Acts 1981, P.L.215, SEC.1. Amended by P.L.242-1983, SEC.1.