reglab/housing_qa huggingface dataset:
IN Code § 23-19-4-10 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 19. Indiana Uniform Securities Act|Chapter 4. Broker-Dealers, Agents, Investment Advisers, Investment Adviser Representatives, and Federal Covered Investment Advisers|23-19-4-10. Fees; Transmittal of Fee; Exception

Sec. 10. (a) A person shall pay a fee of two hundred fifty dollars ($250) when initially filing an application for registration as a broker-dealer and a fee of one hundred twenty-five dollars ($125) when filing a renewal of registration as a broker-dealer. If the filing results in a denial or withdrawal, the commissioner shall retain all of the fee.(b) The fee for an individual is twenty-five dollars ($25) when filing an application for registration as an agent, a fee of twenty-five dollars ($25) when filing a renewal of registration as an agent, and a fee of twenty-five dollars ($25) when filing for a change of registration as an agent. If the filing results in a denial or withdrawal, the commissioner shall retain all of the fee.(c) A person shall pay a fee of one hundred dollars ($100) when filing an application for registration as an investment adviser and a fee of fifty dollars ($50) when filing a renewal of registration as an investment adviser. If the filing results in a denial or withdrawal, the commissioner shall retain all of the fee.(d) The fee for an individual is twenty-five dollars ($25) when filing an application for registration as an investment adviser representative, a fee of twenty-five dollars ($25) when filing a renewal of registration as an investment adviser representative, and a fee of twenty-five dollars ($25) when filing a change of registration as an investment adviser representative. If the filing results in a denial or withdrawal, the commissioner shall retain all of the fee.(e) A federal covered investment adviser required to file a notice under section 5 of this chapter shall pay an initial fee of fifty dollars ($50) and an annual notice fee of fifty dollars ($50).(f) A person required to pay a filing or notice fee under this section may transmit the fee through or to a designee as a rule or order provides under this article.(g) An investment adviser representative who is registered as an agent under section 2 of this chapter and who represents a person that is both registered as a broker-dealer under section 1 of this chapter and registered as an investment adviser under section 3 of this chapter or required as a federal covered investment adviser to make a notice filing under section 5 of this chapter is not required to pay an initial or annual registration fee for registration as an investment adviser representative.As added by P.L.27-2007, SEC.23.
IN Code § 23-19-4-11.5 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 19. Indiana Uniform Securities Act|Chapter 4. Broker-Dealers, Agents, Investment Advisers, Investment Adviser Representatives, and Federal Covered Investment Advisers|23-19-4-11.5. Prohibit Selection of Broker-Dealer for Completion of Compliance Report in Consecutive Years; Prohibit Selection of Certain Offices

Sec. 11.5. (a) As used in this section, "office of supervisory jurisdiction" has the meaning set forth in the National Association of Securities Dealers Conduct Rule 3010(g) (as in effect on January 1, 2009).(b) A broker-dealer registered or required to be registered under this article may not be selected for completion of a compliance report under section 11(i) of this chapter in consecutive years unless the commissioner has reason to believe that the broker-dealer has committed a violation of this article.(c) The commissioner may not select for completion of a compliance report under section 11(i) of this chapter any office that:(1) reports to an office of supervisory jurisdiction located within Indiana;(2) reflects the address of the office of supervisory jurisdiction described in subdivision (1) on all of the office's business cards, stationery, advertisements, and other communications to the public; and(3) is included in the definition of branch office under the National Association of Securities Dealers Conduct Rule 3010(g) because the office:(A) handles funds or securities as described under the National Association of Securities Dealers Conduct Rule 3010(g)(2)(A)(ii)(c); or(B) uses the residential address on all business cards, stationery, advertisements, or other communications to the public under the National Association of Securities Dealers Conduct Rule 3010(g)(2)(A)(ii)(d).As added by P.L.149-2009, SEC.2.
IN Code § 23-19-4.1-1 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 19. Indiana Uniform Securities Act|Chapter 4.1. Financially Vulnerable Adult|23-19-4.1-1. "Financial Exploitation"

Sec. 1. As used in this chapter, "financial exploitation" means the wrongful or unauthorized taking, withholding, appropriation, or use of money, real property, or personal property of a financially vulnerable adult.As added by P.L.39-2016, SEC.1. Amended by P.L.158-2017, SEC.5.
IN Code § 23-19-4.1-2.1 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 19. Indiana Uniform Securities Act|Chapter 4.1. Financially Vulnerable Adult|23-19-4.1-2.1. "Financially Vulnerable Adult"

Sec. 2.1. As used in this chapter, "financially vulnerable adult" means an individual to whom one (1) or more of the following apply:(1) The individual is at least sixty-five (65) years of age.(2) The individual is:(A) at least eighteen (18) years of age; and(B) incapable, by reason of:(i) mental illness;(ii) intellectual disability;(iii) dementia; or(iv) other physical or mental incapacity;of managing or directing the management of the individual's property.As added by P.L.158-2017, SEC.7.
IN Code § 23-19-4.1-3 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 19. Indiana Uniform Securities Act|Chapter 4.1. Financially Vulnerable Adult|23-19-4.1-3. "Immediate Family Member"

Sec. 3. As used in this chapter, "immediate family member" means a spouse, child, parent, or sibling.As added by P.L.39-2016, SEC.1.
IN Code § 23-19-4.1-4 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 19. Indiana Uniform Securities Act|Chapter 4.1. Financially Vulnerable Adult|23-19-4.1-4. "Protective Agencies"

Sec. 4. As used in this chapter, "protective agencies" refers to both of the following:(1) The adult protective services unit described in IC 12-10-3-1.(2) The commissioner.As added by P.L.39-2016, SEC.1.
IN Code § 23-19-4.1-5 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 19. Indiana Uniform Securities Act|Chapter 4.1. Financially Vulnerable Adult|23-19-4.1-5. "Qualified Individual"

Sec. 5. As used in this chapter, "qualified individual" means an individual associated with a broker-dealer or investment adviser who serves in a supervisory, compliance, or legal capacity as part of the individual's job.As added by P.L.39-2016, SEC.1. Amended by P.L.158-2017, SEC.8.
IN Code § 23-19-4.1-6 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 19. Indiana Uniform Securities Act|Chapter 4.1. Financially Vulnerable Adult|23-19-4.1-6. Suspected Financial Exploitation of Financially Vulnerable Adult; Duty of Qualified Individual to Report and Notify Commissioner; Authorized Additional Notifications

Sec. 6. (a) If a qualified individual has reason to believe that financial exploitation of a financially vulnerable adult has occurred, has been attempted, or is being attempted, the qualified individual shall, as required by IC 12-10-3-9(a):(1) make a report to an entity listed in IC 12-10-3-10(a); and(2) notify the commissioner.(b) After a qualified individual makes a report and provides notification under subsection (a), the qualified individual may, to the extent permitted under federal law, notify any of the following concerning the qualified individual's belief:(1) An immediate family member of the financially vulnerable adult.(2) A legal guardian of the financially vulnerable adult.(3) A conservator of the financially vulnerable adult.(4) A trustee, cotrustee, or successor trustee of the account of the financially vulnerable adult.(5) An agent under a power of attorney of the financially vulnerable adult.(6) Any other person permitted under existing laws, rules, regulations, or customer agreement.As added by P.L.39-2016, SEC.1. Amended by P.L.158-2017, SEC.9.
IN Code § 23-19-4.1-8 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 19. Indiana Uniform Securities Act|Chapter 4.1. Financially Vulnerable Adult|23-19-4.1-8. Immunity for Broker-Dealers, Investment Advisers, and Qualified Individuals; Authority of Commissioner to Access Books and Records Not Impeded

Sec. 8. Notwithstanding any other provision of law, a broker-dealer, investment adviser, or a qualified individual who, in good faith, complies with section 6 or 7 of this chapter, is immune from any administrative or civil liability for actions taken in accordance with those sections. A broker-dealer, investment adviser, or qualified individual who, in good faith, releases or does not release copies of records under section 9 of this chapter is immune from any civil liability for release of such records or failing to release such records. This chapter does not limit or otherwise impede the authority of the commissioner to access or examine books and records of broker-dealers or investment advisers as otherwise provided by law.As added by P.L.39-2016, SEC.1. Amended by P.L.158-2017, SEC.11.
IN Code § 23-19-4.1-9 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 19. Indiana Uniform Securities Act|Chapter 4.1. Financially Vulnerable Adult|23-19-4.1-9. Authority of Broker-Dealers and Investment Advisers to Provide Relevant Records to Protective Agencies or Law Enforcement; Records Confidential

Sec. 9. (a) A broker-dealer or investment adviser may provide to protective agencies or law enforcement access to or copies of records that are relevant to the suspected financial exploitation of a financially vulnerable adult. The records may include records relating to:(1) disbursement of any funds from an account of the financially vulnerable adult; and(2) disbursements of funds that comprise the suspected financial exploitation of a financially vulnerable adult.(b) All records made available to the protective agencies under this section are confidential under IC 5-14-3.As added by P.L.39-2016, SEC.1. Amended by P.L.158-2017, SEC.12.
IN Code § 23-19-4.1-10 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 19. Indiana Uniform Securities Act|Chapter 4.1. Financially Vulnerable Adult|23-19-4.1-10. Training Resources for Broker-Dealers, Investment Advisers, and Qualified Individuals; Availability on Secretary of State's Web Site

Sec. 10. Not later than September 1, 2017, the commissioner shall develop and make available on the secretary of state's Internet web site information that includes training resources to assist broker-dealers, investment advisers, and qualified individuals in the prevention and detection of financial exploitation of financially vulnerable adults. The training resources must include information on:(1) indicators of financial exploitation of financially vulnerable adults; and(2) the potential steps broker-dealers, investment advisers, and qualified individuals can take, under Indiana law, to prevent suspected financial exploitation of financially vulnerable adults.As added by P.L.39-2016, SEC.1. Amended by P.L.158-2017, SEC.13.
IN Code § 23-19-4.1-11 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 19. Indiana Uniform Securities Act|Chapter 4.1. Financially Vulnerable Adult|23-19-4.1-11. Commissioner's Authority to Adopt Rules

Sec. 11. The commissioner may adopt rules under IC 23-19-6-5 to implement this chapter.As added by P.L.39-2016, SEC.1.
IN Code § 23-19-5-1 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 19. Indiana Uniform Securities Act|Chapter 5. Fraud and Liabilities|23-19-5-1. Fraudulent or Deceitful Acts

Sec. 1. It is unlawful for a person, in connection with the offer, sale, or purchase of a security, directly or indirectly:(1) to employ a device, scheme, or artifice to defraud;(2) to make an untrue statement of a material fact or to omit to state a material fact necessary in order to make the statement made, in the light of the circumstances under which they were made, not misleading; or(3) to engage in an act, practice, or course of business that operates or would operate as a fraud or deceit upon another person.As added by P.L.27-2007, SEC.23.
IN Code § 23-19-5-2 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 19. Indiana Uniform Securities Act|Chapter 5. Fraud and Liabilities|23-19-5-2. Unlawful Practices; Investment Advisers and Investment Adviser Representatives; Investment Advisory Contract

Sec. 2. (a) It is unlawful for a person that advises others for compensation, either directly or indirectly or through publications or writings, as to the value of securities or the advisability of investing in, purchasing, or selling securities or that, for compensation and as part of a regular business, issues or promulgates analyses or reports relating to securities, or that receives compensation to solicit, offer, or negotiate for the sale of or for selling investment advice:(1) to employ a device, scheme, or artifice to defraud another person; or(2) to engage in an act, practice, or course of business that operates or would operate as a fraud or deceit upon another person.(b) A rule adopted under this article may define an act, practice, or course of business of an investment adviser or an investment adviser representative, other than a supervised person of a federal covered investment adviser, as fraudulent, deceptive, or manipulative, and prescribe means reasonably designed to prevent investment advisers and investment adviser representatives, other than supervised persons of a federal covered investment adviser, from engaging in acts, practices, and courses of business defined as fraudulent, deceptive, or manipulative.(c) A rule adopted under this article may specify the contents of an investment advisory contract entered into, extended, or renewed by an investment adviser.As added by P.L.27-2007, SEC.23.
IN Code § 23-19-5-3 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 19. Indiana Uniform Securities Act|Chapter 5. Fraud and Liabilities|23-19-5-3. Evidentiary Burden

Sec. 3. (a) In a civil action or administrative proceeding under this article, a person claiming an exemption, exception, preemption, or exclusion has the burden to prove the applicability of the claim.(b) In a criminal proceeding under this article, a person claiming an exemption, exception, preemption, or exclusion has the burden of going forward with evidence of the claim.As added by P.L.27-2007, SEC.23.
IN Code § 23-19-5-4 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 19. Indiana Uniform Securities Act|Chapter 5. Fraud and Liabilities|23-19-5-4. Sales and Advertising Literature Filing

Sec. 4. (a) Except as otherwise provided in subsection (b), a rule adopted or order issued under this article may require the filing of a prospectus, a pamphlet, a circular, a form letter, an advertisement, sales literature, or other advertising record relating to a security or investment advice, addressed or intended for distribution to prospective investors, including clients or prospective clients of a person registered or required to be registered as an investment adviser under this article.(b) This section does not apply to sales and advertising literature specified in subsection (a) that relates to a federal covered security, a federal covered investment adviser, or a security or transaction exempted by IC 23-19-2-1, IC 23-19-2-2, or IC 23-19-2-3 except as required under IC 23-19-2-1(7).As added by P.L.27-2007, SEC.23.
IN Code § 23-19-5-5 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 19. Indiana Uniform Securities Act|Chapter 5. Fraud and Liabilities|23-19-5-5. Filing False or Misleading Statements

Sec. 5. It is unlawful for a person to make or cause to be made, in a record that is used in an action or proceeding or filed under this article, a statement that, at the time and in the light of the circumstances under which it is made, is false or misleading in a material respect, or, in connection with the statement, to omit to state a material fact necessary to make the statement made, in the light of the circumstances under which it was made, not false or misleading.As added by P.L.27-2007, SEC.23.
IN Code § 23-19-5-6 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 19. Indiana Uniform Securities Act|Chapter 5. Fraud and Liabilities|23-19-5-6. Filings Related to Fact of Registration; Unlawful Act

Sec. 6. The filing of an application for registration, a registration statement, a notice filing under this article, the registration of a person, the notice filing by a person, or the registration of a security under this article does not constitute a finding by the commissioner that a record filed under this article is true, complete, and not misleading. The filing or registration or the availability of an exemption, exception, preemption, or exclusion for a security or a transaction does not mean that the commissioner has passed upon the merits or qualifications of, or recommended or given approval to, a person, security, or transaction. It is unlawful to make, or cause to be made, to a purchaser, customer, client, or prospective purchaser, customer, or client a representation inconsistent with this section.As added by P.L.27-2007, SEC.23.
IN Code § 23-19-5-7 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 19. Indiana Uniform Securities Act|Chapter 5. Fraud and Liabilities|23-19-5-7. Qualified Immunity

Sec. 7. A broker-dealer, agent, investment adviser, federal covered investment adviser, or investment adviser representative is not liable to another broker-dealer, agent, investment adviser, federal covered investment adviser, or investment adviser representative for defamation relating to a statement that is contained in a record required by the commissioner or designee of the commissioner, the Securities and Exchange Commission, or a self-regulatory organization, unless the person knew, or should have known at the time that the statement was made, that it was false in a material respect or the person acted in reckless disregard of the statement's truth or falsity.As added by P.L.27-2007, SEC.23.
IN Code § 23-19-5-8 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 19. Indiana Uniform Securities Act|Chapter 5. Fraud and Liabilities|23-19-5-8. Violations; Felony; Assistance in Prosecution

Sec. 8. (a) A person who knowingly violates this article, or a rule adopted under this article, except sections 4 and 11 of this chapter or the notice filing requirements of IC 23-19-3-2 or IC 23-19-4-5, commits a Level 5 felony.(b) A person who knowingly violates section 1 of this chapter commits a Level 4 felony if the person harmed, defrauded, misled, or deceived by the violation is at least sixty (60) years of age.(c) A person who knowingly violates section 1 of this chapter:(1) while using or taking advantage of; or(2) in connection with;a relationship that is based on religious affiliation or worship commits a Level 4 felony.(d) It is the duty of a prosecuting attorney, as well as of the attorney general, to assist the commissioner upon the commissioner's request in the prosecution to final judgment of a violation of the penal provisions of this article. If the commissioner determines that an action based on the securities division's investigations is meritorious:(1) the commissioner or a designee empowered by the commissioner shall refer the facts drawn from the investigation to the prosecuting attorney of the judicial circuit in which the crime may have been committed;(2) the commissioner and the securities division shall assist the prosecuting attorney in prosecuting an action under this section, which may include a securities division attorney serving as a special deputy prosecutor appointed by the prosecuting attorney;(3) a prosecuting attorney to whom facts concerning fraud are referred under subdivision (1) may refer the matter to the attorney general;(4) if a matter has been referred to the attorney general under subdivision (3), the attorney general may:(A) file an information in a court with jurisdiction over the matter in the county in which the offense is alleged to have been committed; and(B) prosecute the alleged offense; and(5) if a matter has been referred to the attorney general under subdivision (3), the commissioner and the securities division shall assist the attorney general in prosecuting an action under this section, which may include a securities division attorney serving as a special deputy attorney general appointed by the attorney general.(e) This article does not limit the power of this state to punish a person for conduct that constitutes a crime under other laws of this state.As added by P.L.27-2007, SEC.23. Amended by P.L.156-2009, SEC.23; P.L.146-2013, SEC.2; P.L.158-2013, SEC.267; P.L.168-2014, SEC.34.
IN Code § 23-19-5-11 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 19. Indiana Uniform Securities Act|Chapter 5. Fraud and Liabilities|23-19-5-11. Violation of Agreement

Sec. 11. (a) It is unlawful for a person to violate any agreement that is:(1) entered into between the securities division and the person; and(2) ordered by the commissioner under this article.(b) A person is not liable under section 9(a) or 9(b) of this chapter for a violation of this section.As added by P.L.146-2013, SEC.4.
IN Code § 23-19-6-3 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 19. Indiana Uniform Securities Act|Chapter 6. Administration and Judicial Review|23-19-6-3. Violations; Injunctions; Other Remedies

Sec. 3. (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 constituting a violation of this article or a rule adopted or order issued under this article or that a person has, is, or is about to engage in an act, practice, or course of business that materially aids a violation of this article or a rule adopted or 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 in question is being conducted to enjoin the act, practice, or course of business and to enforce compliance with this article or a rule adopted or 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, which may include:(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 take charge and control of a respondent's property, including investment accounts and accounts in a depository institution, rents, and profits; to collect debts; and to acquire and dispose of property;(C) imposing a civil penalty up to ten thousand dollars ($10,000) per violation and an order of rescission, restitution, or disgorgement directed to a person that has engaged in an act, practice, or course of business constituting a violation of this article or the predecessor act or a rule adopted or order issued under this article or the predecessor act; and(D) ordering the payment of prejudgment and postjudgment interest; or(3) order such other relief as the court considers appropriate.(c) The commissioner may not be required to post a bond in an action or proceeding under this article.(d) Penalties collected under this section shall be deposited in the securities division enforcement account established under section 1 of this chapter.As added by P.L.27-2007, SEC.23.