reglab/housing_qa huggingface dataset:
IN Code § 23-2-6-16 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 6. Indiana Commodity Code|23-2-6-16. "Sale" Defined

Sec. 16. As used in this chapter, "sale" means any:(1) exchange;(2) contract of sale;(3) contract to sell; or(4) disposition;for value.As added by P.L.177-1991, SEC.10.
IN Code § 23-2-6-17 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 6. Indiana Commodity Code|23-2-6-17. Limitations; Commodity Contracts or Options

Sec. 17. Except as provided in sections 18 and 19 of this chapter, a person may not:(1) sell, purchase, or offer to sell or purchase a commodity under any commodity contract or under any commodity option; or(2) offer to enter into as seller or purchaser any commodity contract or any commodity option.As added by P.L.177-1991, SEC.10.
IN Code § 23-2-6-18 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 6. Indiana Commodity Code|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 of this chapter do not apply to any transaction offered by any of the following persons (or any employee, officer, or director of the person who is acting solely in that capacity) if the person is the purchaser or seller in the transaction:(1) A person:(A) who is registered with the Commodity Futures Trading Commission as a futures commission merchant, a leverage transaction merchant, an introducing broker, or an associated person of an introducing broker; and(B) whose activities require that registration.(2) A person registered with the Securities and Exchange Commission as a broker-dealer whose activities require that registration.(3) A person:(A) who is affiliated with; and(B) whose obligations and liabilities under the transaction are guaranteed by;a person described in subdivision (1) or (2).(4) A person who is a member of a contract market designated by the Commodity Futures Trading Commission or any clearinghouse of the Commodity Futures Trading Commission.(5) A financial institution.(6) A person registered in Indiana as a securities broker-dealer whose activities require that registration.(b) The exemption provided by subsection (a) does not apply to any transaction or activity that is prohibited by the Commodity Exchange Act or by a CFTC rule.As added by P.L.177-1991, SEC.10.
IN Code § 23-2-6-21 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 6. Indiana Commodity Code|23-2-6-21. Summary Denial or Suspension of Exemption; Qualified Sellers

Sec. 21. (a) To protect the public interest or to protect investors, the commissioner may by order summarily deny or suspend an exemption provided under section 19 of this chapter for a qualified seller. Upon the entry of an order denying or suspending an exemption for a qualified seller, the commissioner shall promptly notify the person claiming the exemption:(1) that an order has been entered;(2) of the reasons for the entry of the order; and(3) that a date for a hearing concerning the order will be determined not later than thirty (30) days after the commissioner receives a written request for a hearing.(b) The provisions of sections 39 and 40 of this chapter apply to all subsequent proceedings after the entry of an order under this section.(c) The commissioner may by order deny or revoke an exemption provided under section 19 of this chapter for a qualified seller if the commissioner finds that an applicant or qualified seller:(1) is no longer in existence;(2) has ceased to do business;(3) is subject to:(A) an adjudication of mental incompetence; or(B) the control of a committee, conservator, or guardian; or(4) cannot be located after reasonable search.As added by P.L.177-1991, SEC.10.
IN Code § 23-2-6-22 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 6. Indiana Commodity Code|23-2-6-22. Rules; Orders

Sec. 22. The commissioner may adopt rules and issue orders to do the following:(1) Prescribe terms and conditions of all transactions and contracts that:(A) are covered by this chapter; and(B) are not within the exclusive jurisdiction of the Commodity Futures Trading Commission, as granted by the Commodity Exchange Act.(2) Exempt persons from this chapter.(3) Implement the provisions of this chapter for the protection of purchasers and sellers of commodities.As added by P.L.177-1991, SEC.10.
IN Code § 23-2-6-23 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 6. Indiana Commodity Code|23-2-6-23. Registration of Commodity Merchants; Places for Trading Commodities or Options

Sec. 23. (a) A person may not engage in the commodities trade or business or otherwise act as a commodity merchant unless the person:(1) is registered or temporarily licensed with the Commodity Futures Trading Commission for each activity causing the person to be considered a commodity merchant and the registration or temporary license has not expired or been revoked or suspended; or(2) is exempt from registration with the Commodity Futures Trading Commission under:(A) the Commodity Exchange Act; or(B) a CFTC rule.(b) A board of trade may not trade or provide a place for the trading of any commodity contract or commodity option if the commodity contract or commodity option must be traded on a contract market or commodity market designated by the Commodity Futures Trading Commission or is subject to the rules of a contract market or commodity market designated by the Commodity Futures Trading Commission, unless:(1) the board of trade has been designated for the commodity contract or commodity option by the Commodity Futures Trading Commission; and(2) the designation has not been vacated, suspended, or revoked.As added by P.L.177-1991, SEC.10.
IN Code § 23-2-6-24 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 6. Indiana Commodity Code|23-2-6-24. Fraud

Sec. 24. A person may not directly or indirectly:(1) cheat or defraud or attempt to cheat or defraud any person;(2) employ any device, scheme, or artifice to defraud any person;(3) make a false report, enter a false record, or make an untrue statement of a material fact;(4) fail to state a material fact that is necessary to make a report, record, or statement made, under the circumstances in which the report, record, or statement was made, not misleading;(5) engage in a transaction, act, practice, or course of business, including any form of advertising or solicitation, that operates or would operate as a fraud or deceit upon any person; or(6) misappropriate or convert the funds, security, or property of any person;in connection with the purchase or sale of, the offer to sell, the offer to purchase, the offer to enter into, or the entry into of, any commodity contract or commodity option subject to section 18, 19(a)(2), or 19(a)(4) of this chapter.As added by P.L.177-1991, SEC.10.
IN Code § 23-2-6-25 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 6. Indiana Commodity Code|23-2-6-25. Liability; Violation of Chapter

Sec. 25. (a) The act, omission, or failure of any official, agent, or other person acting for an individual, an association, a partnership, a limited liability company, a corporation, or a trust within the scope of the official's, agent's, or person's employment or office constitutes the act, omission, or failure of both:(1) the individual, association, partnership, limited liability company, corporation, or trust; and(2) the official, agent, or person.(b) Except as provided in subsection (c), the following are jointly and severally liable for the violation of this chapter by a person and are liable to the same extent as the person:(1) Each person who directly or indirectly controls the person who committed the violation.(2) Each partner, officer, and director of the person who committed the violation.(3) Each person occupying a similar status or performing a similar function as a partner, officer, or director described in subdivision (2).(4) Each person who:(A) is an employee of the person who committed the violation; and(B) materially aids in the violation.(c) A person is not liable under subsection (b) if the person proves that the person:(1) did not know; and(2) in exercise of reasonable care could not have known;of the existence of the facts on which the liability is alleged to exist.As added by P.L.177-1991, SEC.10. Amended by P.L.8-1993, SEC.316.
IN Code § 23-2-6-26 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 6. Indiana Commodity Code|23-2-6-26. Effect of Chapter on Securities Law

Sec. 26. This chapter does not impair, derogate, or otherwise affect any of the following:(1) The authority or powers of the commissioner under the Indiana securities law.(2) The application of any provision of the Indiana securities law to any person or transaction subject to the Indiana securities law.As added by P.L.177-1991, SEC.10.
IN Code § 23-2-6-27 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 6. Indiana Commodity Code|23-2-6-27. Construction and Implementation of Chapter

Sec. 27. (a) This chapter shall be construed and implemented to carry out the chapter's general purpose to do the following:(1) Protect investors.(2) Prevent and prosecute illegal and fraudulent schemes involving commodity contracts.(3) Maximize coordination with federal law and the law of other states and the administration and enforcement of those laws.(b) This chapter does not create any rights or remedies upon which actions may be brought by private persons against persons who violate this chapter.As added by P.L.177-1991, SEC.10.
IN Code § 23-2-6-28 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 6. Indiana Commodity Code|23-2-6-28. Investigations; Examinations; Hearings; Civil Penalties

Sec. 28. (a) The commissioner may make investigations in or outside Indiana that the commissioner finds necessary or appropriate to:(1) determine whether any person has violated or is about to violate this chapter or any rule or order of the commissioner; or(2) aid in the enforcement of this chapter.(b) The commissioner may charge as costs of an investigation or examination all reasonable expenses, including a per diem prorated on the salary of the commissioner or an employee. All reasonable expenses of investigation, examination, or hearing shall be paid by the party under investigation or examination.(c) The commissioner may publish information concerning any violation of this chapter or any rule or order of the commissioner. The commissioner shall upon request make available for inspection and copying under IC 5-14-3 information concerning any violation of this chapter or any rule or order of the commissioner.(d) For purposes of an investigation or a proceeding under this chapter, the commissioner or an officer or employee designated by rule or order may do any of the following:(1) Administer oaths and affirmations.(2) Subpoena witnesses and compel the attendance of witnesses.(3) Take evidence.(4) Require the production of books, papers, correspondence, memoranda, agreements, or other documents or records that the commissioner finds to be relevant or material to the investigation or proceeding.(e) If a person does not give testimony or produce the documents required by the commissioner or the commissioner's designee under an administrative subpoena, the commissioner or the designee may petition for a court order compelling compliance with the subpoena or the giving of the required testimony.(f) A petition for an order of compliance under subsection (e) may be filed in any of the following:(1) The circuit or superior court of a county containing a consolidated city.(2) The circuit or superior court where service may be obtained on the person refusing to comply with the subpoena if the person is within Indiana.(3) The appropriate court of the state having jurisdiction over the person refusing to comply with the subpoena if the person is outside Indiana.(g) Costs of investigations, examinations, and hearings and civil penalties recovered under this chapter shall be deposited in the securities division enforcement account established under IC 23-19-6-1(f). With the approval of the budget agency, the funds in the securities division enforcement account may be used to augment and supplement the funds appropriated for the administration of this chapter.As added by P.L.177-1991, SEC.10. Amended by P.L.27-2007, SEC.21.
IN Code § 23-2-6-29 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 6. Indiana Commodity Code|23-2-6-29. Cease and Desist Orders; Civil Remedies

Sec. 29. (a) If the commissioner believes, whether or not based upon an investigation conducted under section 28 of this chapter, that a person has engaged or is about to engage in any act or practice that violates this chapter or any rule or order adopted or issued by the commissioner, the commissioner may do any of the following:(1) Issue a cease and desist order.(2) Issue an order imposing a civil penalty of not more than ten thousand dollars ($10,000) for any single violation.(3) Initiate any of the actions specified in subsection (b).(b) In addition to any other legal or equitable remedies, the commissioner may bring any of the following actions in circuit or superior court or in the appropriate courts of another state:(1) An action for declaratory judgment.(2) An action for a prohibitory injunction or mandatory injunction to:(A) enjoin any violation; and(B) ensure compliance with this chapter or any rule or order adopted or issued by the commissioner.(3) An action for disgorgement.(4) An action for the appointment of a receiver or conservator for the defendant or the defendant's assets.As added by P.L.177-1991, SEC.10.
IN Code § 23-2-6-30 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 6. Indiana Commodity Code|23-2-6-30. Violations; Special Remedies

Sec. 30. (a) Upon a showing by the commissioner that a person has violated or is about to violate this chapter or any rule or order adopted or issued by the commissioner, a court may grant appropriate legal or equitable remedies.(b) Upon a showing by the commissioner of a violation of this chapter or a rule or order adopted or issued by the commissioner, the court, in addition to traditional legal and equitable remedies, including temporary restraining orders, permanent or temporary prohibitory or mandatory injunctions, and writs of prohibition or mandamus, may order the following special remedies:(1) A civil penalty of not more than ten thousand dollars ($10,000) for any single violation.(2) Disgorgement.(3) Declaratory judgment.(4) Restitution to investors that request restitution.(5) Appointment of a receiver or conservator for the defendant or the defendant's assets.(c) If the commissioner shows only that a person is about to violate this chapter or a rule or order issued or adopted by the commissioner, appropriate remedies under this chapter are limited to the following:(1) A temporary restraining order.(2) A temporary injunction or permanent injunction.(3) A writ of prohibition or writ of mandamus.(4) An order appointing a receiver or conservator for the defendant or the defendant's assets.As added by P.L.177-1991, SEC.10.
IN Code § 23-2-6-31 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 6. Indiana Commodity Code|23-2-6-31. Commodity Codes of Other States; Violations; Remedies

Sec. 31. (a) Upon a showing by the commissioner or by a securities or commodity agency of another state that a person, other than a government or a governmental agency, has violated or is about to violate the commodity code of that state or any rule or order of the securities commissioner or the securities agency or commodity agency of that state, the court may grant appropriate legal and equitable remedies.(b) Upon a showing of a violation of the securities or commodity act of another foreign state or a rule or an order of the securities commissioner or securities agency or commodity agency of that state, a court, in addition to traditional legal or equitable remedies, including temporary restraining orders, permanent or temporary prohibitory or mandatory injunctions, and writs of prohibition or mandamus, may order the following special remedies:(1) Disgorgement.(2) Appointment of a receiver, a conservator, or an ancillary receiver or conservator for the defendant or for the defendant's assets located in Indiana.(c) If the commissioner shows only that a person is about to violate the securities act or commodities act of another state or a rule or order issued or adopted by the administrator of the securities act or commodities act of another state, appropriate remedies under this chapter are limited to the following:(1) A temporary restraining order.(2) A temporary injunction or permanent injunction.(3) A writ of prohibition or writ of mandamus.(4) An order appointing a receiver, a conservator, or an ancillary receiver or conservator for the defendant or for the defendant's assets located in Indiana.As added by P.L.177-1991, SEC.10.
IN Code § 23-2-6-32 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 6. Indiana Commodity Code|23-2-6-32. Bonds; Official Actions

Sec. 32. A court may not require the commissioner to post a bond in any official action under this chapter.As added by P.L.177-1991, SEC.10.
IN Code § 23-2-6-33 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 6. Indiana Commodity Code|23-2-6-33. Penalties

Sec. 33. (a) A person who knowingly violates:(1) this chapter; or(2) any rule or order issued or adopted by the commissioner under this chapter;commits a Level 5 felony.(b) A person who violates a rule or an order issued or adopted under this chapter may be assessed a civil penalty of up to ten thousand dollars ($10,000).(c) The commissioner may refer any evidence concerning violations of this chapter or violations of any rule or order issued or adopted by the commissioner to any prosecuting attorney in Indiana.As added by P.L.177-1991, SEC.10. Amended by P.L.158-2013, SEC.264.
IN Code § 23-2-6-34 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 6. Indiana Commodity Code|23-2-6-34. Administration of Chapter

Sec. 34. (a) The securities division of the office of the secretary of state shall administer this chapter.(b) The commissioner and any employees of the commissioner may not do the following:(1) Use for personal gain or benefit any information that:(A) is filed with the commissioner or obtained by the commissioner; and(B) is not public information.(2) Conduct securities dealings or commodity dealings based on public or confidential information that is filed with the commissioner or obtained by the commissioner if there has not been a sufficient time for the securities markets or commodity markets to assimilate the information.(c) Except as provided in subsection (d), all information that is collected, assembled, or maintained by the commissioner:(1) is public information; and(2) is available for inspection by the public.(d) The following information is not public information and may not be made available by the commissioner for public inspection:(1) Information obtained in private investigations under section 28(a) or 28(d) of this chapter.(2) Information that:(A) is obtained from a federal agency; and(B) may not be disclosed under federal law.(e) The commissioner shall have the discretion to disclose any information that is confidential under subsection (d)(1) to a person described in section 35(a) of this chapter.(f) This chapter does not create or derogate any privilege that exists at common law, by statute, or otherwise, when any documentary evidence or other evidence is sought under subpoena directed to the commissioner or any employee of the commissioner.As added by P.L.177-1991, SEC.10.
IN Code § 23-2-6-35 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 6. Indiana Commodity Code|23-2-6-35. Cooperation With Other Authorities

Sec. 35. (a) In order to encourage uniform application and interpretation of this chapter and in order to encourage securities regulation and enforcement, the commissioner and the commissioner's employees may cooperate with any of the following:(1) A securities or commodities agency or the securities commissioner of any other jurisdiction, including any foreign jurisdiction.(2) An agency administering any laws similar to this chapter.(3) The Commodity Futures Trading Commission.(4) The Securities and Exchange Commission.(5) A self-regulatory organization established under the Commodity Exchange Act or the Securities Exchange Act of 1934.(6) A national or international organization of commodities or securities officials or agencies.(7) A governmental law enforcement agency.(b) The cooperation authorized by subsection (a) may include the following if the information sought would be subject to lawful subpoena for conduct occurring in Indiana:(1) Bearing the expense of any type of cooperation described in this subsection.(2) Making joint examinations or investigations.(3) Holding joint administrative hearings.(4) Filing and prosecuting joint litigation.(5) Sharing and exchanging personnel.(6) Sharing and exchanging information and documents.(7) Writing and adopting mutual regulations, statements of policy, guidelines, proposed statutory changes, and releases.(8) Issuing and enforcing subpoenas at the request of any of the following:(A) An agency in another jurisdiction that administers a law similar to this chapter.(B) A securities or commodities agency of another jurisdiction.(C) The Commodity Futures Trading Commission.(D) The Securities and Exchange Commission.As added by P.L.177-1991, SEC.10.
IN Code § 23-2-6-36 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 6. Indiana Commodity Code|23-2-6-36. Rules; Forms; Orders

Sec. 36. (a) In addition to specific authority granted under this chapter, the commissioner may make, amend, and rescind rules, forms, and orders necessary to carry out this chapter.(b) Unless specifically provided in this chapter, a rule, a form, or an order may not be adopted, amended, or rescinded unless the commissioner finds that the action is:(1) necessary or appropriate for the public interest or for the protection of investors; and(2) consistent with the purposes fairly intended by the policy and provisions of this chapter.(c) All rules and forms of the commissioner must be published.(d) A provision of this chapter imposing any liability does not apply to an act that is:(1) committed or omitted in good faith; and(2) in conformity with a rule, an order, or a form adopted or issued by the commissioner;even if the rule, order, or form is later amended, rescinded, or is determined to be invalid for any reason by judicial authority or other authority.As added by P.L.177-1991, SEC.10.