reglab/housing_qa huggingface dataset:
IN Code § 23-2-4-13 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 4. Supervision of Continuing Care Contracts|23-2-4-13. Retirement Home Guaranty Fund; Creation and Expiration; Purpose; Levy

Sec. 13. (a) There is established the Indiana retirement home guaranty fund. The purpose of the fund is to provide a mechanism for protecting the financial interests of residents and contracting parties in the event of the bankruptcy of the provider.(b) To create the fund, a guaranty association fund fee of one hundred dollars ($100) shall be levied on each contracting party who enters into a continuing care agreement after August 31, 1982, and before July 1, 2009. The fee shall be collected by the provider and forwarded to the commissioner within thirty (30) days after occupancy by the resident. Failure of the provider to collect and forward such fee to the commissioner within that thirty (30) day period shall result in the imposition by the commissioner of a twenty-five dollar ($25) penalty against the provider. In addition, interest payable by the provider shall accrue on the unpaid fee at the rate of two percent (2%) a month.(c) Any money received by the commissioner under subsection (b) shall be forwarded to the treasurer of state. The fund, and any income from it, shall be held in trust, deposited in a segregated account, invested and reinvested by the treasurer of state in the same manner as provided in IC 20-49-3-10 for investment of the common school fund.(d) All reasonable expenses of collecting and administering the fund shall be paid from the fund.(e) Money in the fund at the end of the state's fiscal year shall remain in the fund and shall not revert to the general fund.As added by Acts 1982, P.L.145, SEC.1. Amended by P.L.2-2006, SEC.180; P.L.153-2009, SEC.12.
IN Code § 23-2-4-14 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 4. Supervision of Continuing Care Contracts|23-2-4-14. Fund; Board of Directors; Membership; Compensation

Sec. 14. (a) There is established a board of directors to administer the fund. The board of directors of the fund shall consist of five (5) members to be appointed by the governor, from a list submitted by the secretary of state, as follows:(1) one (1) provider;(2) two (2) residents;(3) one (1) individual with expertise in insurance; and(4) one (1) individual with expertise in banking and finance.In addition, the commissioner shall serve as an ex officio member of the board. Directors shall serve such terms as are established in the plan of operation under section 15 of this chapter.(b) Members of the board of directors are not entitled to compensation for their services. However, each member is entitled to the following:(1) Reimbursement for traveling and other expenses incurred as members of the board, as provided in the state travel policies and procedures, established by the Indiana department of administration and approved by the budget agency.(2) Reimbursement for expenses related to one (1) meal provided each year in connection with the board's annual meeting.As added by Acts 1982, P.L.145, SEC.1. Amended by P.L.177-1991, SEC.9.
IN Code § 23-2-4-15 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 4. Supervision of Continuing Care Contracts|23-2-4-15. Board; Submission and Approval of Plan of Operation; Contents of Plan; Adoption of Rules

Sec. 15. (a) The board of directors shall submit to the commissioner a plan of operation, and such subsequent amendments to the plan as are necessary to assure the fair, reasonable, and equitable administration of the fund. The plan of operation is effective upon the commissioner's approval, which must be in writing.(b) If the board of directors fails to submit by September 1, 1983, a plan of operation considered suitable by the commissioner, or, if at any other time the board of directors fails to submit amendments to the plan considered necessary by the commissioner, the commissioner shall adopt rules under IC 4-22-2 necessary to carry out this chapter. The rules continue in force until modified by the commissioner or superseded by a plan submitted by the board of directors and approved by the commissioner.(c) The plan of operation shall establish:(1) procedures for handling the assets of the fund;(2) the method of reimbursing members of the board of directors under section 14 of this chapter;(3) regular places and times for meetings of the board of directors;(4) recordkeeping procedures for all financial transactions relating to the fund and the board of directors; and(5) any additional provisions necessary for the execution of the powers and duties of the board of directors.As added by Acts 1982, P.L.145, SEC.1. Amended by P.L.3-2008, SEC.166.
IN Code § 23-2-4-16 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 4. Supervision of Continuing Care Contracts|23-2-4-16. Termination of Bankrupt Home; Payments to Residents From Fund; Subrogation Rights of Board

Sec. 16. (a) If a continuing care retirement community is bankrupt and the operation of the continuing care retirement community is terminated, the board of directors shall, subject to the approval of the commissioner, distribute from the guaranty association fund established in section 13 of this chapter to the living residents of the continuing care retirement community an aggregate amount not to exceed one-half (1/2) of the amount in the fund at the time of disbursement. The amount each living resident is entitled to receive shall be prorated, based on the total amount paid on behalf of the resident by the contracting party under the continuing care agreement. In no event may the amount paid to an individual resident under this section exceed the total amount paid on behalf of that resident under the continuing care agreement, less the total value of services received under the agreement.(b) Any living resident of the continuing care retirement community shall, if the resident executed a continuing care agreement before July 1, 2009, be eligible to receive distributions under subsection (a), regardless of whether any contribution to the guaranty association fund has been made on behalf of the resident.(c) A resident compensated under this section assigns the resident's rights under the continuing care agreement, to the extent of compensation received under this section, to the board of directors on behalf of the fund. The board of directors may require an assignment of those rights by a resident to the board, on behalf of the fund, as a condition precedent to the receipt of compensation under this section. The board of directors, on behalf of the fund, is subrogated to these rights against the assets of a bankrupt or dissolved provider. Any monies or property collected by the board of directors under this subsection shall be deposited in the fund.(d) The subrogation rights of the board of directors, on behalf of the fund, have the same priority against the assets of the bankrupt or dissolved provider as those possessed by the resident under the continuing care agreement.As added by Acts 1982, P.L.145, SEC.1. Amended by P.L.234-1985, SEC.4; P.L.153-2009, SEC.13; P.L.160-2015, SEC.1.
IN Code § 23-2-4-17 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 4. Supervision of Continuing Care Contracts|23-2-4-17. Fund; Examination and Regulation by Commissioner; Reports

Sec. 17. The fund is subject to examination and regulation by the commissioner. The board of directors shall submit to the commissioner before May 1 of each year:(1) a financial report for the preceding calendar year, in a form approved by the commissioner; and(2) a report of its activities during the preceding calendar year.As added by Acts 1982, P.L.145, SEC.1.
IN Code § 23-2-4-18 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 4. Supervision of Continuing Care Contracts|23-2-4-18. Fund; Exemption From Certain Fees and Taxes

Sec. 18. The fund is exempt from payment of all fees and taxes levied by Indiana or any of its political subdivisions.As added by Acts 1982, P.L.145, SEC.1.
IN Code § 23-2-4-20 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 4. Supervision of Continuing Care Contracts|23-2-4-20. Disclosure Statements; Liability of Provider

Sec. 20. (a) If:(1) a provider enters into a continuing care agreement:(A) in violation of section 3 of this chapter; or(B) without having first delivered to the contracting party and the prospective resident the disclosure statements as required by section 7 of this chapter; or(2) a provider delivers to the prospective resident and the contracting party a disclosure statement that makes an untrue or misleading statement of material fact or omits a material fact;the provider is liable to the individual who entered into the continuing care agreement for the repayment of all entrance fees, application fees, periodic charges, or other fees paid by that person to the provider less the reasonable value of care and lodging provided the resident until the untrue statement, misstatement, or omission was actually or should reasonably have been discovered by the resident or the contracting party, together with interest thereon at the legal rate for judgments, costs, and reasonable attorney's fees.(b) Liability of the provider under this section for any untrue statement, misstatement, or omission in the disclosure statement shall exist only if the provider had actual knowledge of or, in the exercise of reasonable care, should have known of the untrue statement, misstatement, or omission.(c) An action may not be maintained by any individual to enforce liability under this section unless commenced within:(1) two (2) years after the execution of the continuing care agreement that gave rise to the violation;(2) two (2) years after the failure to deliver the disclosure statement; or(3) two (2) years after the delivery of the disclosure statement containing an untrue statement, misstatement, or omission of a material fact;whichever occurs later.As added by Acts 1982, P.L.145, SEC.1. Amended by P.L.16-1983, SEC.14.
IN Code § 23-2-4-21 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 4. Supervision of Continuing Care Contracts|23-2-4-21. Commissioner; Petition for Appointment of Receiver

Sec. 21. If the commissioner has reason to believe that a continuing care retirement community is insolvent, the commissioner may petition the superior or circuit court of the county in which the continuing care retirement community is located, or the superior or circuit court of Marion County, for the appointment of a receiver to assume the management and possession of the continuing care retirement community and its assets.As added by Acts 1982, P.L.145, SEC.1. Amended by P.L.153-2009, SEC.14.
IN Code § 23-2-4-22 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 4. Supervision of Continuing Care Contracts|23-2-4-22. Commissioner; Powers; Hearings and Investigations

Sec. 22. The commissioner, or his designated representative, may:(1) conduct under IC 4-21.5-3 hearings necessary to carry out this chapter;(2) hear evidence;(3) conduct investigations to determine whether any person has violated or is about to violate this chapter or a rule or order issued under this chapter; and(4) compel the production of any item relevant to an investigation under this chapter.As added by Acts 1982, P.L.145, SEC.1. Amended by P.L.7-1987, SEC.104.
IN Code § 23-2-4-23 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 4. Supervision of Continuing Care Contracts|23-2-4-23. Violations; Cease and Desist Orders; Actions for Injunctive Relief

Sec. 23. (a) If the commissioner determines, after notice and hearing, that any person has violated any provision of this chapter or any rule or order issued under this chapter, the commissioner may issue an order requiring the person to cease and desist from the unlawful practice or to take such affirmative action as in the judgment of the commissioner will carry out the purposes of this chapter.(b) If the commissioner makes a finding of fact in writing that the public interest will be irreparably harmed by delay in issuing a cease and desist order, the commissioner may issue a temporary cease and desist order which shall include in its terms a provision that, upon request, a hearing shall be held within ten (10) days of such request to determine whether the order becomes permanent. A temporary cease and desist order shall be served on the person subject to it by certified mail, return receipt requested.(c) If it appears that a person has engaged in an act or practice constituting a violation of any provision of this chapter or of a rule or order issued under this chapter, the commissioner may, with or without prior administrative proceedings, bring an action in the circuit court, superior court, or probate court to enjoin such acts or practices or to enforce compliance with this chapter or any rule or order issued under this chapter. Upon proper showing, injunctive relief or temporary restraining orders shall be granted. The commissioner shall not be required to post a bond in any court proceeding.As added by Acts 1982, P.L.145, SEC.1. Amended by P.L.84-2016, SEC.99.
IN Code § 23-2-4-24 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 4. Supervision of Continuing Care Contracts|23-2-4-24. Rules

Sec. 24. The commissioner shall adopt under IC 4-22-2 rules necessary to carry out the provisions of this chapter.As added by Acts 1982, P.L.145, SEC.1.
IN Code § 23-2-6-1 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 6. Indiana Commodity Code|23-2-6-1. "Board of Trade" Defined

Sec. 1. As used in this chapter, "board of trade" refers to a person or group of persons engaged in:(1) buying or selling a commodity; or(2) receiving a commodity for sale on consignment;whether the person or group of persons is characterized as a board of trade, an exchange, or any other type of marketplace.As added by P.L.177-1991, SEC.10.
IN Code § 23-2-6-2 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 6. Indiana Commodity Code|23-2-6-2. "Commissioner" Defined

Sec. 2. As used in this chapter, "commissioner" refers to the securities commissioner appointed under IC 23-19-6-1(a).As added by P.L.177-1991, SEC.10. Amended by P.L.27-2007, SEC.20.
IN Code § 23-2-6-3 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 6. Indiana Commodity Code|23-2-6-3. "Cftc Rule" Defined

Sec. 3. As used in this chapter, "CFTC Rule" means a rule, regulation, or order of the Commodity Futures Trading Commission that is in effect on July 1, 1991, and any subsequent amendment, addition, or revision to the rule, regulation, or order unless the commissioner disallows the application to this chapter of the amendment, addition, or revision not later than ten (10) days after the effective date of the amendment, addition, or revision.As added by P.L.177-1991, SEC.10.
IN Code § 23-2-6-4 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 6. Indiana Commodity Code|23-2-6-4. "Commodity" Defined

Sec. 4. As used in this chapter, "commodity" means, except as otherwise specified by a rule, regulation, or order of the commissioner, any of the following:(1) An agricultural, a grain, or a livestock product or byproduct.(2) A metal or mineral, including a precious metal.(3) A gem or gemstone, whether the gem or gemstone is characterized as precious, semiprecious, or another characterization.(4) A fuel (whether liquid, gaseous, or otherwise).(5) Foreign currency.(6) All other goods, articles, products, or items of any kind, except the following:(A) A numismatic coin whose fair market value is at least fifteen percent (15%) higher than the fair market value of the metal contained in the coin.(B) Real property.(C) Any timber, agricultural, or livestock product that is grown or raised on real property and that is offered or sold by the owner or lessee of the real property.(D) A work of art that is offered or sold by art dealers, offered or sold at a public auction, or offered or sold through a private sale by the owner of the work of art.As added by P.L.177-1991, SEC.10.
IN Code § 23-2-6-5 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 6. Indiana Commodity Code|23-2-6-5. "Commodity Broker-Dealer" Defined

Sec. 5. As used in this chapter, "commodity broker-dealer" means a person engaged in the business of executing transactions in commodity contracts or commodity options for:(A) the account of others; or(B) the person's own account.As added by P.L.177-1991, SEC.10.
IN Code § 23-2-6-6 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 6. Indiana Commodity Code|23-2-6-6. "Commodity Contract" Defined

Sec. 6. As used in this chapter, "commodity contract" means an account, an agreement, or a contract that:(1) is for the purchase or sale of at least one (1) commodity;(2) is primarily for speculation or investment purposes; and(3) is not primarily for the use or consumption by the offeree or purchaser;regardless of whether the account, agreement, or contract is for immediate or subsequent delivery or whether delivery is intended by the parties, and whether characterized as a cash contract, deferred shipment or deferred delivery contract, forward contract, futures contract, installment or margin contract, leverage contract, or otherwise. For purposes of this chapter, any commodity contract offered or sold shall, in the absence of evidence to the contrary, be presumed to be offered or sold for speculation or investment purposes. The term does not include a contract or agreement that requires, and under which the purchaser receives, physical delivery of the total amount of each commodity to be purchased under the contract or agreement not later than twenty-eight (28) calendar days after payment in good funds of any portion of the purchase price.As added by P.L.177-1991, SEC.10.
IN Code § 23-2-6-7 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 6. Indiana Commodity Code|23-2-6-7. "Commodity Exchange Act" Defined

Sec. 7. As used in this chapter, "Commodity Exchange Act" means the act of the United States Congress known as the Commodity Exchange Act (7 U.S.C. 1 et seq., as in effect June 30, 1991), and including all subsequent amendments, additions, or revisions to the act unless the commissioner by rule or order disallows the application of the amendments, additions, or revisions to this chapter or to any provision of this chapter not later than ten (10) days after the effective date of the amendment, addition, or revision.As added by P.L.177-1991, SEC.10.
IN Code § 23-2-6-8 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 6. Indiana Commodity Code|23-2-6-8. "Commodity Futures Trading Commission" Defined

Sec. 8. As used in this chapter, "Commodity Futures Trading Commission" means the independent regulatory agency established to administer the Commodity Exchange Act.As added by P.L.177-1991, SEC.10.
IN Code § 23-2-6-9 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 6. Indiana Commodity Code|23-2-6-9. "Commodity Merchant" Defined

Sec. 9. As used in this chapter, "commodity merchant" means any of the following (as defined or described in the Commodity Exchange Act or in a CFTC rule):(1) A futures commission merchant.(2) A commodity pool operator.(3) A commodity trading advisor.(4) An introducing broker.(5) A leverage transaction merchant.(6) A person associated with a person described in subdivisions (1) through (5).(7) A floor broker.(8) Any other person, other than a futures association, that is required to register with the Commodity Futures Trading Commission.As added by P.L.177-1991, SEC.10.
IN Code § 23-2-6-10 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 6. Indiana Commodity Code|23-2-6-10. "Commodity Option" Defined

Sec. 10. As used in this chapter, "commodity option" means an account, an agreement, or a contract giving a party to the account, agreement, or contract the right but not the obligation to purchase or sell:(1) at least one (1) commodity; or(2) at least one (1) commodity contract;whether characterized as an option, privilege, indemnity, bid, offer, put, call, advance guaranty, decline guaranty, or otherwise. However, the term does not include an option traded on a national securities exchange that is registered with the Securities and Exchange Commission.As added by P.L.177-1991, SEC.10.
IN Code § 23-2-6-11 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 6. Indiana Commodity Code|23-2-6-11. "Commodity Sales Representative" Defined

Sec. 11. As used in this chapter, "commodity sales representative" means a person who:(1) is acting for a commodity broker-dealer in executing or attempting to execute a transaction in a commodity contract or a commodity option; and(2) is authorized to take those actions by the commodity broker-dealer.As added by P.L.177-1991, SEC.10. Amended by P.L.1-1992, SEC.115.
IN Code § 23-2-6-12 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 6. Indiana Commodity Code|23-2-6-12. "Financial Institution" Defined

Sec. 12. As used in this chapter, "financial institution" means a bank, savings institution, or trust company that is organized or supervised under the laws of the United States or of any state.As added by P.L.177-1991, SEC.10.
IN Code § 23-2-6-13 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 6. Indiana Commodity Code|23-2-6-13. "Offer" Defined

Sec. 13. As used in this chapter, "offer" means an offer to sell, offer to purchase, or offer to enter into a commodity contract or commodity option.As added by P.L.177-1991, SEC.10.
IN Code § 23-2-6-14 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 6. Indiana Commodity Code|23-2-6-14. "Person" Defined

Sec. 14. (a) As used in this chapter, "person" means an individual, a corporation, a partnership, a limited liability company, an association, a joint-stock company, a trust where the interests of the beneficiaries are evidenced by a security, an unincorporated organization, a government, or a political subdivision of a government.(b) The term does not include a contract market designated by any of the following:(1) The Commodity Futures Trading Commission.(2) Any clearinghouse of the Commodity Futures Trading Commission.(3) A national securities exchange that is registered with the Securities and Exchange Commission.(4) An employee, an officer, or a director of a contract market designated clearinghouse or exchange who is acting solely in that capacity.As added by P.L.177-1991, SEC.10. Amended by P.L.8-1993, SEC.315.
IN Code § 23-2-6-15 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 2. Securities and Franchises|Chapter 6. Indiana Commodity Code|23-2-6-15. "Precious Metal" Defined

Sec. 15. As used in this chapter, "precious metal" means the following in coin, bullion, or other form:(1) Silver.(2) Gold.(3) Platinum.(4) Palladium.(5) Copper.(6) Any other items specified by a rule, a regulation, or an order of the commissioner.As added by P.L.177-1991, SEC.10.