reglab/housing_qa huggingface dataset:
IN Code § 23-2-6-37 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 6. Indiana Commodity Code|23-2-6-37. Service of Process

Sec. 37. (a) If a person, including a person that is not a resident of Indiana, engages in conduct prohibited or made actionable by this chapter or any rule or order adopted or issued by the commissioner, the commissioner shall be considered the person's attorney for the purpose of receiving service of any lawful process in a noncriminal proceeding that is:(1) brought against the person, a successor of the person, or a personal representative of the person;(2) related to the prohibited or actionable conduct; and(3) brought under this chapter or any rule or order issued or adopted by the commissioner.(b) Process served on the commissioner under subsection (a) has the same force and validity as personal service on the person engaging in the prohibited or actionable conduct.As added by P.L.177-1991, SEC.10.
IN Code § 23-2-6-38 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 6. Indiana Commodity Code|23-2-6-38. Application of Sections Ic 23-2-6-17, Ic 23-2-6-23, and Ic 23-2-6-24

Sec. 38. (a) Sections 17, 23, and 24 of this chapter apply to a person who sells or offers to sell if:(1) the offer to sell is made in Indiana; or(2) an offer to buy is made and accepted in Indiana.(b) Sections 17, 23, and 24 of this chapter apply to a person who buys or offers to buy if:(1) the offer to buy is made in Indiana; or(2) an offer to sell is made and accepted in Indiana.(c) For purposes of this section:(1) an offer to sell or an offer to buy is made in Indiana, whether or not any party is present in Indiana, if the offer:(A) originates from Indiana; or(B) is directed by the offeror to Indiana and is received at:(i) the place to which the offer is directed; or(ii) any post office in Indiana, in the case of a mailed offer; and(2) an offer to sell or to buy is accepted in Indiana if the acceptance:(A) is communicated to the offeror in Indiana; and(B) has not previously been communicated to the offeror, orally or in writing, outside Indiana.(d) For purposes of this section, acceptance is communicated to an offeror in Indiana, whether or not any party is then present in Indiana, if:(1) the offeree:(A) directs the acceptance to the offeror in Indiana; and(B) reasonably believes that the offeror is present in Indiana; and(2) the acceptance is received at:(A) the place to which the acceptance is directed; or(B) any post office in Indiana, in the case of a mailed acceptance.(e) For purposes of this section, an offer to sell or to buy is not made in Indiana if:(1) a publisher circulates in Indiana, or there is circulated in Indiana on the behalf of the publisher, a newspaper or other publication of general, regular, and paid circulation that:(A) is not published in Indiana; or(B) is published in Indiana, but has had more than two-thirds (2/3) of the newspaper's circulation outside Indiana during the past twelve (12) months; or(2) a newspaper or a radio or television program originating outside Indiana is received in Indiana.As added by P.L.177-1991, SEC.10.
IN Code § 23-2-6-39 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 6. Indiana Commodity Code|23-2-6-39. Administrative Proceedings

Sec. 39. (a) The commissioner shall initiate an administrative proceeding under this chapter by entering a notice of intent to take a specific act or by entering a summary order. The notice of intent or summary order:(1) may be entered without notice;(2) may be entered without opportunity for a hearing;(3) is not required to be supported by findings of fact or conclusions of law; and(4) must be in writing.(b) After entering a notice of intent or summary order, the commissioner shall promptly notify all interested parties that the notice of intent or summary order has been entered and of the reasons for the entry.(c) If a proceeding is under a notice of intent, the commissioner shall inform all interested parties of the date, time, and place set for the hearing on the notice.(d) If the proceeding is under a summary order, the commissioner shall inform all interested parties that:(1) the parties have thirty (30) business days from the entry of the order to file with the commissioner a written request for a hearing on the matter; and(2) a hearing will be scheduled to begin not later than thirty (30) business days after the receipt of a written request.(e) If the proceeding is under a summary order, the commissioner may, by the commissioner's own motion, set a hearing for the proceeding, whether or not a written request for a hearing is received from an interested party.As added by P.L.177-1991, SEC.10.
IN Code § 23-2-6-40 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 6. Indiana Commodity Code|23-2-6-40. Summary Orders; Final Orders

Sec. 40. (a) A summary order becomes a final order if:(1) thirty (30) business days have passed since the summary order was entered; and(2) a hearing on the order is not:(A) requested under section 39(d) of this chapter; or(B) ordered by the commissioner under section 39(e) of this chapter.(b) If a hearing on an order is requested or ordered under section 39 of this chapter, the commissioner may modify, vacate, or extend the order until final determination after the commissioner has provided:(1) a notice of a hearing to all interested persons; and(2) an opportunity for a hearing by all interested persons.(c) A final order or an order after a hearing may not be returned without:(1) appropriate notice to all interested persons;(2) opportunity for hearing by all interested persons; and(3) entry of written findings of fact and conclusions of law.(d) All hearings in an administrative proceeding under this chapter shall be subject to IC 5-14-1.5.As added by P.L.177-1991, SEC.10.
IN Code § 23-2-6-41 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 6. Indiana Commodity Code|23-2-6-41. Review; Final Orders of Commissioner

Sec. 41. (a) Any person aggrieved by a final order of the commissioner may obtain a review of the order in a circuit or superior court of Marion County by filing in court, not later than sixty (60) days after the entry of the order, a written petition requesting the order to be modified or set aside in whole or in part. A copy of a petition for review shall be served on the commissioner.(b) Except where the taking of additional evidence is ordered by a court under subsections (e) and (f), after the filing of a petition for review:(1) the court shall have exclusive jurisdiction of the matter; and(2) the commissioner may not modify or set aside the order, in whole or in part.(c) Unless specifically ordered by the court:(1) the filing of a petition for review under subsection (a) does not operate as a stay of the commissioner's order; and(2) the commissioner may enforce or ask the court to enforce an order pending the outcome of the review proceedings.(d) Upon receipt of a petition for review, the commissioner shall certify and file in the court a copy of the order and the transcript or record of the evidence upon which the order was based. If the order became final by operation of law under section 40(a) of this chapter, the commissioner shall certify and file in court:(1) a certified copy of the summary order;(2) evidence of service of the summary order on the parties to the order; and(3) an affidavit certifying that:(A) a hearing on the summary order has not been held; and(B) the summary order became final under section 40(a) of this chapter.(e) The court may order additional evidence to be taken by the commissioner under conditions the court considers proper if an aggrieved party or the commissioner:(1) applies to the court for leave to enter additional evidence; and(2) shows to the satisfaction of the court that:(A) there were reasonable grounds for failure to enter the evidence in the hearing before the commissioner; or(B) good cause exists to allow the additional evidence to be taken.(f) If the court orders new evidence to be taken, the commissioner:(1) may modify the findings and order by reason of the additional evidence; and(2) shall file in the court the additional evidence and any modified or new findings or order.(g) The court shall review the petition based on the original record before the commissioner and any additions or modifications under subsections (e) and (f). The commissioner's findings of facts are conclusive if those findings are supported by competent, material, and substantive evidence. Based on review under this subsection, the court may affirm, modify, enforce, or set aside the order, in whole or in part.As added by P.L.177-1991, SEC.10.
IN Code § 23-2-6-42 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 6. Indiana Commodity Code|23-2-6-42. Burden of Proof; Exemptions

Sec. 42. If a person claims an exemption in any complaint, information, indictment, writ, or proceeding under this chapter:(1) the commissioner is not required to disprove the exemption; and(2) the party claiming the exemption bears the burden of proof concerning the existence of the exemption.As added by P.L.177-1991, SEC.10.
IN Code § 23-2-6-43 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 6. Indiana Commodity Code|23-2-6-43. Failure to Make Physical Delivery; Defenses

Sec. 43. In any complaint, information, indictment, writ, or proceeding brought under this chapter that alleges a violation of section 17 of this chapter solely on the failure in an individual case to make physical delivery within the applicable time under section 19(a)(2) of this chapter, it is a defense if both of the following are shown:(1) Failure to make physical delivery was due solely to factors beyond the control of all of the following:(A) The seller.(B) Officers, directors, partners, agents, servants, or employees of the seller.(C) Each person occupying a similar status or performing similar functions as a person described in clause (B).(D) Each person who directly or indirectly controls or is controlled by the seller or by any person described in clause (B) or (C).(E) The seller's affiliates, subsidiaries, and successors.(2) Physical delivery was completed within a reasonable time under the applicable circumstances.As added by P.L.177-1991, SEC.10.
IN Code § 23-2.5-1-1 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2.5. Loan Brokers|Chapter 1. Definitions|23-2.5-1-1. Application of Chapter

Sec. 1. The definitions in this chapter apply throughout this article.As added by P.L.175-2019, SEC.2.
IN Code § 23-2.5-1-2 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2.5. Loan Brokers|Chapter 1. Definitions|23-2.5-1-2. "Appraisal Company"

Sec. 2. "Appraisal company" means a business entity that:(1) performs real estate appraisals on a regular basis for compensation through one (1) or more owners, officers, employees, or agents; or(2) holds itself out to the public as performing real estate appraisals.As added by P.L.175-2019, SEC.2.
IN Code § 23-2.5-1-3 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2.5. Loan Brokers|Chapter 1. Definitions|23-2.5-1-3. "Bona Fide Third Party Fee"

Sec. 3. "Bona fide third party fee", with respect to a residential mortgage loan, includes any of the following:(1) Fees for real estate appraisals. However, if the residential mortgage loan is governed by Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act (12 U.S.C. 3331 through 3352), the fee for an appraisal performed in connection with the loan is not a bona fide third party fee unless the appraisal is performed by a person that is licensed or certified under IC 25-34.1-3-8.(2) Fees for title examination, abstract of title, title insurance, property surveys, or similar purposes.(3) Notary and credit report fees.(4) Fees for the services provided by a loan broker in procuring possible business for a creditor if the fees are paid by the creditor.As added by P.L.175-2019, SEC.2.
IN Code § 23-2.5-1-4 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2.5. Loan Brokers|Chapter 1. Definitions|23-2.5-1-4. "Borrower's Residential Mortgage Loan Application Information"

Sec. 4. "Borrower's residential mortgage loan application information" means the:(1) address of proposed residential real property to be mortgaged; and(2) borrower's essential personal and financial information necessary for an informed credit decision to be made concerning the borrower's mortgage loan application.As added by P.L.175-2019, SEC.2.
IN Code § 23-2.5-1-5 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2.5. Loan Brokers|Chapter 1. Definitions|23-2.5-1-5. "Branch Manager"

Sec. 5. "Branch manager" means a mortgage loan originator or principal manager who is:(1) licensed under this article; and(2) designated by a loan broker to supervise and oversee mortgage loan origination activities conducted at a branch office.As added by P.L.175-2019, SEC.2.
IN Code § 23-2.5-1-6 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2.5. Loan Brokers|Chapter 1. Definitions|23-2.5-1-6. "Branch Office"

Sec. 6. "Branch office" means a loan broker office other than the loan broker's principal place of business.As added by P.L.175-2019, SEC.2.
IN Code § 23-2.5-1-7 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2.5. Loan Brokers|Chapter 1. Definitions|23-2.5-1-7. "Branch Office License"

Sec. 7. "Branch office license" means a license issued by the commissioner authorizing a loan broker to operate a branch office.As added by P.L.175-2019, SEC.2.
IN Code § 23-2.5-1-8 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2.5. Loan Brokers|Chapter 1. Definitions|23-2.5-1-8. "Commissioner"

Sec. 8. "Commissioner" refers to the securities commissioner appointed under IC 23-19-6-1(a).As added by P.L.175-2019, SEC.2.
IN Code § 23-2.5-1-9 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2.5. Loan Brokers|Chapter 1. Definitions|23-2.5-1-9. "Depository Institution"

Sec. 9. "Depository institution" has the meaning set forth in the Federal Deposit Insurance Act (12 U.S.C. 1813(c)) and includes a credit union.As added by P.L.175-2019, SEC.2.
IN Code § 23-2.5-1-10 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2.5. Loan Brokers|Chapter 1. Definitions|23-2.5-1-10. "Encrypted"

Sec. 10. "Encrypted", with respect to personal information, means that the personal information:(1) has been transformed through the use of an algorithmic process into a form in which there is a low probability of assigning meaning without use of a confidential process or key; or(2) is secured by another method that renders the personal information unreadable or unusable.As added by P.L.175-2019, SEC.2.
IN Code § 23-2.5-1-11 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2.5. Loan Brokers|Chapter 1. Definitions|23-2.5-1-11. "Immediate Family"

Sec. 11. "Immediate family", with respect to an individual, refers to:(1) the individual's spouse who resides in the individual's household; and(2) any dependent child of the individual.As added by P.L.175-2019, SEC.2.
IN Code § 23-2.5-1-12 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2.5. Loan Brokers|Chapter 1. Definitions|23-2.5-1-12. "Licensee"

Sec. 12. "Licensee" means a person that is issued a license under this article.As added by P.L.175-2019, SEC.2.
IN Code § 23-2.5-1-13 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2.5. Loan Brokers|Chapter 1. Definitions|23-2.5-1-13. "Loan"

Sec. 13. "Loan" means an agreement to advance money or property in return for the promise to make payments for the money or property.As added by P.L.175-2019, SEC.2.
IN Code § 23-2.5-1-14 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2.5. Loan Brokers|Chapter 1. Definitions|23-2.5-1-14. "Loan Broker"

Sec. 14. (a) "Loan broker" means a person who, in return for consideration from any source:(1) procures;(2) attempts to procure; or(3) assists in procuring;a residential mortgage loan from a third party, regardless of whether the person seeking the loan obtains the loan.(b) The term "loan broker" does not include:(1) a supervised financial organization (as defined in IC 26-1-4-102.5), including a bank, savings bank, trust company, savings association, or credit union;(2) another financial institution that is:(A) regulated by an agency of the United States or a state; and(B) regularly actively engaged in the business of:(i) making consumer loans that are not secured by real estate; or(ii) taking assignment of consumer sales contracts that are not secured by real estate;(3) an insurance company;(4) a person arranging financing for the sale of the person's product; or(5) a creditor that is licensed under IC 24-4.4-2-402.As added by P.L.175-2019, SEC.2.
IN Code § 23-2.5-1-15 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2.5. Loan Brokers|Chapter 1. Definitions|23-2.5-1-15. "Loan Broker Employee"

Sec. 15. "Loan broker employee" means an individual:(1) who is an employee of a single loan broker who is licensed under this article;(2) for whom the loan broker, in addition to providing a wage or salary:(A) pays Social Security and unemployment taxes; and(B) withholds local, state, and federal income taxes;(3) who acts at the direction of, and subject to the supervision of, the loan broker or a principal manager employed by the loan broker; and(4) who performs loan processing activities on behalf of the loan broker.As added by P.L.175-2019, SEC.2.
IN Code § 23-2.5-1-16 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2.5. Loan Brokers|Chapter 1. Definitions|23-2.5-1-16. "Loan Broker License"

Sec. 16. "Loan broker license" means a license issued by the commissioner authorizing a person to engage in the activities of a loan broker.As added by P.L.175-2019, SEC.2.
IN Code § 23-2.5-1-17 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2.5. Loan Brokers|Chapter 1. Definitions|23-2.5-1-17. "Loan Broker Office"

Sec. 17. "Loan broker office" means a fixed physical location:(1) at which a person holds itself out as engaging in the activities of a loan broker;(2) the address of which appears on business cards, on stationery, or in advertising in connection with the activities of a loan broker;(3) at which the person's name, advertising, promotional materials, or signage suggests that residential mortgage loans are originated, negotiated, funded, or serviced; or(4) where the person otherwise engages in conduct that suggests to the public that the activities of a loan broker may occur at the location.As added by P.L.175-2019, SEC.2.
IN Code § 23-2.5-1-18 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2.5. Loan Brokers|Chapter 1. Definitions|23-2.5-1-18. "Loan Processing Activities"

Sec. 18. (a) "Loan processing activities" means clerical or support duties performed on behalf of a loan broker with respect to residential mortgage loan origination activities performed by the loan broker.(b) The term "loan processing activities" includes the following:(1) The receipt, collection, distribution, and analysis of information commonly used in the processing of a residential mortgage loan.(2) Communicating with a borrower or potential borrower to obtain the information necessary for the processing of a residential mortgage loan, to the extent that the communication does not include:(A) offering or negotiating loan rates or terms; or(B) counseling borrowers or potential borrowers about residential mortgage loan rates or terms.As added by P.L.175-2019, SEC.2.
IN Code § 23-2.5-1-19 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2.5. Loan Brokers|Chapter 1. Definitions|23-2.5-1-19. "Loan Processing Company"

Sec. 19. "Loan processing company" means a person that:(1) performs loan processing activities for compensation; and(2) holds itself out to the public as engaging in loan processing activities.As added by P.L.175-2019, SEC.2.
IN Code § 23-2.5-1-20 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2.5. Loan Brokers|Chapter 1. Definitions|23-2.5-1-20. "Loan Processor"

Sec. 20. "Loan processor" means an individual who performs loan processing activities for compensation on behalf of a loan processing company and is not a loan broker employee.As added by P.L.175-2019, SEC.2.
IN Code § 23-2.5-1-21 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2.5. Loan Brokers|Chapter 1. Definitions|23-2.5-1-21. "Mortgage Loan Origination Activities"

Sec. 21. "Mortgage loan origination activities" means performance of any of the following activities for compensation or gain in connection with a residential mortgage loan:(1) Receiving or recording a borrower's or potential borrower's residential mortgage loan application information in any form for use in a credit decision by a creditor.(2) Offering to negotiate or negotiating terms of a residential mortgage loan.As added by P.L.175-2019, SEC.2.
IN Code § 23-2.5-1-22 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2.5. Loan Brokers|Chapter 1. Definitions|23-2.5-1-22. "Mortgage Loan Originator"

Sec. 22. (a) "Mortgage loan originator" means an individual engaged in mortgage loan origination activities.(b) The term "mortgage loan originator" does not include a person who:(1) performs purely administrative or clerical tasks on behalf of a mortgage loan originator or acts as a loan processor;(2) performs only real estate brokerage activities and is licensed in accordance with IC 25-34.1 or the applicable laws of another state, unless the person is compensated by a creditor, a loan broker, a mortgage loan originator, or an agent of a creditor, a loan broker, or a mortgage loan originator; or(3) is involved only in extensions of credit relating to time share plans (as defined in 11 U.S.C. 101(53D)).As added by P.L.175-2019, SEC.2.
IN Code § 23-2.5-1-23 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2.5. Loan Brokers|Chapter 1. Definitions|23-2.5-1-23. "Mortgage Loan Originator License"

Sec. 23. "Mortgage loan originator license" means a license issued by the commissioner authorizing an individual to act as a mortgage loan originator on behalf of a loan broker.As added by P.L.175-2019, SEC.2.
IN Code § 23-2.5-1-24 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2.5. Loan Brokers|Chapter 1. Definitions|23-2.5-1-24. "Nationwide Multistate Licensing System"

Sec. 24. "Nationwide Multistate Licensing System" refers to a multistate licensing system owned and operated by the State Regulatory Registry, LLC, or by a successor or an affiliated entity, for the licensing and registration of:(1) creditors;(2) mortgage loan originators;(3) other financial services entities; and(4) employees and agents of the persons described in subdivisions (1) through (3).The term includes "NMLS" and any other name or acronym that may be assigned to the system by the State Regulatory Registry, LLC, or by a successor or an affiliated entity of the State Regulatory Registry, LLC.As added by P.L.175-2019, SEC.2.
IN Code § 23-2.5-1-25 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2.5. Loan Brokers|Chapter 1. Definitions|23-2.5-1-25. "Person"

Sec. 25. "Person" means an individual, a partnership, a trust, a corporation, a limited liability company, a limited liability partnership, a sole proprietorship, a joint venture, a joint stock company, or another group or entity, however organized.As added by P.L.175-2019, SEC.2.