reglab/housing_qa huggingface dataset:
IN Code § 23-2.5-11-3 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2.5. Loan Brokers|Chapter 11. Violations and Civil Enforcement|23-2.5-11-3. Investigation; Orders; Penalties

Sec. 3. (a) If the commissioner determines that a person has engaged in or is about to engage in an act or a practice that violates this article or a rule or an order under this article, the commissioner may investigate and issue:(1) with a prior hearing if there exists no substantial threat of immediate irreparable harm; or(2) without a prior hearing if there exists a substantial threat of immediate irreparable harm;orders and notices determined by the commissioner to be in the public interest, including cease and desist orders, orders to show cause, and notices.(b) After notice and hearing, the commissioner may enter an order of rescission, restitution, or disgorgement, including interest at the rate of eight percent (8%) per year, directed to a person who the commissioner determines has violated this article or a rule or an order under this article.(c) If the commissioner determines, after a hearing, that a person has violated this article or a rule or an order under this article, the commissioner may, in addition to other remedies, impose a civil penalty on the person in an amount not to exceed ten thousand dollars ($10,000) for each violation.(d) Upon the commissioner's issuance under subsection (a) of an order or notice without a prior hearing, the commissioner shall promptly notify:(1) the respondent; and(2) if the subject of the order or notice is a mortgage loan originator or a principal manager, the loan broker for whom the mortgage loan originator or principal manager is employed;of the issuance of the order or notice.(e) The notification required by subsection (d) must include the following:(1) Notice that the order or notice has been issued.(2) Notice of the reasons the order or notice has been issued.(3) Notice that upon the commissioner's receipt of a written request from the person against which the order or notice is issued, the matter will be set for a hearing to commence not later than:(A) fifteen (15) business days after the commissioner's receipt of the request if the original order or notice issued by the commissioner was a summary suspension, summary revocation, or denial of a license; and(B) forty-five (45) business days after the commissioner's receipt of the request for any other order or notice, unless the respondent consents to a later date.(f) If a hearing:(1) is not requested under subsection (e); and(2) is not ordered by the commissioner;an order or notice issued under this section remains in effect until the order or notice is modified or vacated by the commissioner.(g) If a hearing is requested under subsection (e) or ordered by the commissioner, the commissioner, after notice of an opportunity for hearing, may modify or vacate the order or notice or extend the order or notice until final determination.As added by P.L.175-2019, SEC.2.
IN Code § 23-2.5-11-4 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2.5. Loan Brokers|Chapter 11. Violations and Civil Enforcement|23-2.5-11-4. Censure; Permanent Bar

Sec. 4. The commissioner may do either of the following:(1) Censure:(A) a licensee;(B) an officer, a director, an ultimate equitable owner, or an equitable owner of a loan broker; or(C) another person;who violates or causes a violation of this article.(2) Permanently bar a person described in subdivision (1) from being:(A) licensed under this article; or(B) employed by, or affiliated with, a person that is licensed under this article;if the person violates or causes a violation of this article.As added by P.L.175-2019, SEC.2.
IN Code § 23-2.5-11-5 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2.5. Loan Brokers|Chapter 11. Violations and Civil Enforcement|23-2.5-11-5. Notice Before Final Order

Sec. 5. (a) Except as provided in subsection (b), the commissioner may not enter a final order:(1) denying, suspending, or revoking the license of an applicant or a licensee; or(2) imposing another sanction;without prior notice to all interested parties, opportunity for a hearing, and written findings of fact and conclusions of law.(b) The commissioner may, by summary order, deny, suspend, or revoke a license:(1) pending final determination of a proceeding under this chapter; or(2) before a proceeding is initiated under this chapter.(c) Upon the entry of a summary order under subsection (b), the commissioner shall promptly notify all interested parties:(1) that the summary order has been entered;(2) of the reasons for the summary order; and(3) that, upon receipt by the commissioner of a written request from a party, the matter will be set for hearing to commence not later than forty-five (45) business days after the commissioner's receipt of the request.(d) If a hearing:(1) is not requested under subsection (c); and(2) is not ordered by the commissioner;the summary order remains in effect until the summary order is modified or vacated by the commissioner.(e) If a hearing is requested under subsection (c) or ordered by the commissioner, the commissioner may:(1) after notice of the hearing has been given to all interested persons; and(2) the hearing has been held;modify or vacate the summary order or extend the summary order until final determination is made.As added by P.L.175-2019, SEC.2. Amended by P.L.211-2019, SEC.31.
IN Code § 23-2.5-11-7 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2.5. Loan Brokers|Chapter 11. Violations and Civil Enforcement|23-2.5-11-7. Immunity of Witness

Sec. 7. (a) If a witness, in a hearing, an inquiry, or an investigation conducted under this article, refuses to answer a question or produce an item, the commissioner may file a written petition with the circuit or superior court in the county where the hearing, investigation, or inquiry is conducted requesting a hearing on the refusal.(b) The court described in subsection (a) shall hold a hearing to determine if the witness may refuse to answer the question or produce the item.(c) If the court described in subsection (a) determines that the witness, based upon the witness's privilege against self-incrimination, may properly refuse to answer or produce an item, the commissioner may make a written request that the court grant use immunity to the witness.(d) Upon written request of the commissioner under subsection (c), the court shall grant use immunity to the witness and instruct the witness, by written order or in open court, that:(1) any evidence the witness gives, or evidence derived from the evidence given, may not be used in a criminal proceeding against the witness, unless the evidence is volunteered by the witness or is not responsive to a question; and(2) the witness must answer the questions asked and produce the items requested.(e) A grant of use immunity under this section does not prohibit evidence that the witness gives in a hearing, investigation, or inquiry from being used in a prosecution for perjury under IC 35-44.1-2-1.(f) If a witness refuses to give evidence after the witness has been granted use immunity, the court may find the witness in contempt.As added by P.L.175-2019, SEC.2.
IN Code § 23-2.5-11-8 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2.5. Loan Brokers|Chapter 11. Violations and Civil Enforcement|23-2.5-11-8. Certificate of Compliance or Noncompliance

Sec. 8. (a) In a prosecution, action, suit, or proceeding based on or arising out of this article, the commissioner may sign a certificate showing compliance or noncompliance with this article by any person.(b) A certificate signed under subsection (a) constitutes prima facie evidence of compliance or noncompliance with this article and is admissible in evidence in an action at law or in equity to enforce this article.As added by P.L.175-2019, SEC.2.
IN Code § 23-2.5-11-9 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2.5. Loan Brokers|Chapter 11. Violations and Civil Enforcement|23-2.5-11-9. Court to Compel Obedience to Subpoena, Order, or Demand

Sec. 9. (a) This section applies when a person or witness takes an action as follows:(1) A person disobeys a lawful:(A) subpoena issued under this article; or(B) order or demand requiring the production of books, accounts, papers, records, documents, or other evidence or information as provided in this article.(2) A witness in a hearing, inquiry, or investigation refuses to:(A) appear when subpoenaed;(B) testify to a matter about which the witness may be lawfully interrogated; or(C) take or subscribe to an oath required by this article.(b) If a person or witness takes an action described in subsection (a):(1) the circuit or superior court of the county in which the hearing, inquiry, or investigation described in subsection (a) is held, if:(A) demand is made; or(B) upon written petition, the production is ordered to be made;(2) the commissioner;(3) before July 1, 2020, a hearing officer appointed by the commissioner; or(4) after June 30, 2020, an administrative law judge assigned, after request by the commissioner, by the office of administrative law proceedings established by IC 4-15-10.5-7;shall compel compliance with the lawful requirements of the subpoena, order, or demand, compel the production of the necessary or required books, papers, records, documents, and other evidence and information, and compel the witness to attend in an Indiana county and to testify to any matter about which the witness may lawfully be interrogated, and to take or subscribe to any oath required.As added by P.L.175-2019, SEC.2. Amended by P.L.205-2019, SEC.26.
IN Code § 23-2.5-11-10 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2.5. Loan Brokers|Chapter 11. Violations and Civil Enforcement|23-2.5-11-10. Action to Enforce Penalty

Sec. 10. The commissioner may bring an action in the circuit or superior court of Marion County to enforce payment of a penalty imposed under this article.As added by P.L.175-2019, SEC.2.
IN Code § 23-2.5-11-11 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2.5. Loan Brokers|Chapter 11. Violations and Civil Enforcement|23-2.5-11-11. Action to Enjoin; Other Relief

Sec. 11. (a) If the commissioner believes that a person has engaged, is engaging, or is about to engage in an act, practice, or course of business that:(1) is; or(2) materially aids;a violation of this article or a rule adopted or an order issued under this article, the commissioner may maintain an action in the circuit or superior court in the county where the investigation or inquiry is being conducted to enjoin the act, practice, or course of business and to enforce compliance with this article or a rule adopted or an order issued under this article.(b) In an action under this section and on a proper showing, the court may:(1) issue a permanent or temporary injunction, restraining order, or declaratory judgment;(2) order other appropriate or ancillary relief, including:(A) an asset freeze, accounting, writ of attachment, writ of general or specific execution, and appointment of a receiver or conservator;(B) ordering a receiver or conservator appointed under clause (A) to:(i) take control of a respondent's property, including investment accounts and accounts in a depository institution, rents, and profits;(ii) collect debts; and(iii) acquire and dispose of property;(C) imposing a civil penalty of not more than ten thousand dollars ($10,000) per violation and an order of rescission, restitution, or disgorgement directed to the person that has engaged in an act, practice, or course of business constituting a violation of this article or a rule adopted or an order issued under this article; and(D) ordering the payment of prejudgment and postjudgment interest; or(3) order other relief that the court considers appropriate.(c) The commissioner may not be required to post a bond in an action or a proceeding under this article.(d) Penalties collected under this section must be deposited in the securities division enforcement account established by IC 23-19-6-1(f).As added by P.L.175-2019, SEC.2.
IN Code § 23-2.5-11-13 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2.5. Loan Brokers|Chapter 11. Violations and Civil Enforcement|23-2.5-11-13. Admissibility of Copied Statements, Documents, and Records

Sec. 13. Copies of a statement or document filed with the commissioner, and copies of any records of the commissioner, certified to by the commissioner or a deputy are admissible in a prosecution, an action, a suit, or a proceeding based on, or arising out of or under, this article to the same extent that the original of the statement, document, or record would be admissible if produced.As added by P.L.175-2019, SEC.2.
IN Code § 23-2.5-11-14 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2.5. Loan Brokers|Chapter 11. Violations and Civil Enforcement|23-2.5-11-14. Court Compelled Obedience to Subpoena, Order, or Demand

Sec. 14. Upon:(1) disobedience on the part of any person to a lawful:(A) subpoena issued under this article; or(B) order or demand requiring the production of books, accounts, papers, records, documents, or other evidence or information as provided in this article; or(2) the refusal of a witness to:(A) appear when subpoenaed to testify to a matter regarding which the witness may be lawfully interrogated; or(B) take or subscribe to an oath required by this article;it is the duty of the circuit or superior court of the county where the hearing, inquiry, or investigation in question is held, where demand is made, or where the production is ordered to be made, upon written petition of the commissioner, to compel obedience to the lawful requirements of the subpoena, order, or demand.As added by P.L.175-2019, SEC.2.
IN Code § 23-2.5-11-15 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2.5. Loan Brokers|Chapter 11. Violations and Civil Enforcement|23-2.5-11-15. Contempt of Court; Liability for Damages; Contract Void

Sec. 15. (a) If a person fails, refuses, or neglects to comply with a court order under this chapter, the person must be held in contempt of court.(b) A person who violates this article or a rule adopted under this article, in connection with a contract for the activities of a loan broker, is liable to a person damaged by the violation for:(1) the amount of the actual damages suffered;(2) interest at the legal rate; and(3) attorney's fees.(c) If a person violates this article, or a rule adopted under this article, in connection with a contract for the activities of a loan broker, the contract is void, and the prospective borrower is entitled to receive from the loan broker all sums paid to the loan broker.As added by P.L.175-2019, SEC.2.
IN Code § 23-2.5-11-16 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2.5. Loan Brokers|Chapter 11. Violations and Civil Enforcement|23-2.5-11-16. Securities Division and Department of Financial Institutions; Cooperation

Sec. 16. In the securities division's investigative, examination, and regulatory activities related to licensees under this article, the securities division may cooperate with the Indiana department of financial institutions in the regulation of a licensee that conducts:(1) business under this article; and(2) business that requires licensure under IC 24-4.4.As added by P.L.175-2019, SEC.2.
IN Code § 23-2.5-11-17 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2.5. Loan Brokers|Chapter 11. Violations and Civil Enforcement|23-2.5-11-17. Violations; Felonies

Sec. 17. (a) Except as provided in subsection (b), a person who knowingly violates this article commits a Level 5 felony.(b) A person who knowingly violates this article commits a Level 4 felony if the person damaged by the violation is at least sixty (60) years of age.(c) A person commits a Level 5 felony if the person knowingly makes or causes to be made in:(1) a document filed with or sent to the commissioner or the securities division; or(2) a proceeding, an investigation, or an examination under this article;a statement that is, at the time and in the light of the circumstances under which the statement is made, false or misleading in any material respect.As added by P.L.175-2019, SEC.2.
IN Code § 23-2.5-12-1 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2.5. Loan Brokers|Chapter 12. Effect of Repeal of Ic 23-2-5|23-2.5-12-1. Effect of Repeal of Former Law

Sec. 1. The repeal of IC 23-2-5 does not affect any:(1) rules adopted under IC 23-2-5-11;(2) action taken under IC 23-2-5; or(3) right, privilege, obligation, or liability acquired, accrued, or incurred under IC 23-2-5;as in effect before their repeal.As added by P.L.175-2019, SEC.2.
IN Code § 23-2.5-12-2 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2.5. Loan Brokers|Chapter 12. Effect of Repeal of Ic 23-2-5|23-2.5-12-2. Governance of Repealed Law

Sec. 2. IC 23-2-5, as in effect before its repeal, exclusively governs all actions and proceedings that:(1) are pending on June 30, 2019; or(2) may be instituted after June 30, 2019, on the basis of conduct occurring before July 1, 2019.As added by P.L.175-2019, SEC.2.
IN Code § 23-2.5-12-3 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2.5. Loan Brokers|Chapter 12. Effect of Repeal of Ic 23-2-5|23-2.5-12-3. Effect of Repeal on License in Effect

Sec. 3. Unless a license issued under IC 23-2-5, before its repeal, is suspended or revoked before the date on which the license would have expired under IC 23-2-5, before its repeal, the license is valid until the date on which the license would have expired under IC 23-2-5, before its repeal.As added by P.L.175-2019, SEC.2.
IN Code § 23-2.5-12-4 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2.5. Loan Brokers|Chapter 12. Effect of Repeal of Ic 23-2-5|23-2.5-12-4. Effect of Repeal on Certain Items in Effect

Sec. 4. (a) This section applies to the extent that:(1) a statement of policy;(2) an administrative order;(3) a rule;(4) an interpretive opinion;(5) a declaratory ruling;(6) a no-action determination;(7) a condition; or(8) another action of the commissioner under IC 23-2-5, before its repeal;does not conflict with IC 23-2.5-1 through IC 23-2.5-11.(b) An item described in subsection (a) that:(1) under IC 23-2-5, before its repeal; and(2) before July 1, 2019;is placed on or affects a license issued under IC 23-2-5, before its repeal, remains in effect until the date on which the item described in subsection (a) is amended, revoked, or vacated by the commissioner.As added by P.L.175-2019, SEC.2.
IN Code § 23-4-1-1 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 4. Partnerships|Chapter 1. Uniform Partnership Act|23-4-1-1. Short Title

Sec. 1. This chapter may be cited as the Uniform Partnership Act.Formerly: Acts 1949, c.114, s.1. As amended by P.L.34-1987, SEC.286.
IN Code § 23-4-1-2 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 4. Partnerships|Chapter 1. Uniform Partnership Act|23-4-1-2. Definitions

Sec. 2. In this chapter:"Court" includes every court and judge having jurisdiction in the case."Business" includes every trade, occupation, or profession."Person" includes individuals, partnerships, limited liability companies, corporations, and other associations."Bankrupt" includes bankrupt under federal bankruptcy laws or insolvent under any state insolvent statute."Conveyance" includes every assignment, lease, mortgage, or encumbrance."Foreign limited liability partnership" means a limited liability partnership formed under an agreement governed by the laws of a jurisdiction other than Indiana and registered under the laws of the jurisdiction."Limited liability partnership" means a partnership formed under an agreement governed by the laws of this state, registered under and complying with IC 23-0.5 and sections 45 through 46 of this chapter, and having a name that contains the words "Limited Liability Partnership" or the abbreviation "L.L.P." or "LLP" as the last words or letters of its name."Real property" includes land and any interest or estate in land.Formerly: Acts 1949, c.114, s.2. As amended by P.L.34-1987, SEC.287; P.L.8-1993, SEC.317; P.L.230-1995, SEC.1; P.L.118-2017, SEC.33.
IN Code § 23-4-1-3 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 4. Partnerships|Chapter 1. Uniform Partnership Act|23-4-1-3. Interpretation of Knowledge and Notice

Sec. 3. (1) A person has "knowledge" of a fact within the meaning of this chapter not only when he has actual knowledge thereof, but also when he has knowledge of such other facts as in the circumstances shows bad faith.(2) A person has "notice" of a fact within the meaning of this chapter when the person who claims the benefit of the notice:(a) states the fact to such person; or(b) delivers through the mail, or by other means of communication, a written statement of the fact to such person or to a proper person at his place of business or residence.Formerly: Acts 1949, c.114, s.3. As amended by P.L.34-1987, SEC.288.
IN Code § 23-4-1-4 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 4. Partnerships|Chapter 1. Uniform Partnership Act|23-4-1-4. Rules of Construction

Sec. 4. The following rules of construction apply to this chapter:(1) The rule that statutes in derogation of the common law are to be strictly construed shall have no application to this chapter.(2) The law of estoppel shall apply under this chapter.(3) The law of agency shall apply under this chapter.(4) This chapter shall be so interpreted and construed as to effect its general purpose to make uniform the law of those states which enact it.(5) This chapter shall not be construed so as to impair the obligations of any contract existing on January 1, 1950, nor to affect any action or proceedings begun or right accrued before January 1, 1950.(6) All references to this chapter in the partnership agreement and other rules that govern the internal affairs of a partnership are considered references to IC 23-0.5 and IC 23-0.6 also.Formerly: Acts 1949, c.114, s.4. As amended by P.L.34-1987, SEC.289; P.L.118-2017, SEC.34.
IN Code § 23-4-1-5 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 4. Partnerships|Chapter 1. Uniform Partnership Act|23-4-1-5. Rules for Cases Not Provided for in Chapter

Sec. 5. In any case not provided for in this chapter, the rules of law and equity, including the law merchant, shall govern.Formerly: Acts 1949, c.114, s.5. As amended by P.L.34-1987, SEC.290.
IN Code § 23-4-1-6 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 4. Partnerships|Chapter 1. Uniform Partnership Act|23-4-1-6. Partnership Defined

Sec. 6. (1) A partnership is an association of two (2) or more persons to carry on as co-owners a business for profit and includes for all purposes of the laws of this state a limited liability partnership.(2) An association formed under any other statute of this state, or any statute adopted by authority, other than the authority of this state, is not a partnership under this chapter, unless such association would have been a partnership in this state prior to January 1, 1950; but this chapter shall apply to limited partnerships except insofar as the statutes relating to such partnerships are inconsistent with this chapter.Formerly: Acts 1949, c.114, s.6. As amended by P.L.34-1987, SEC.291; P.L.230-1995, SEC.2.