reglab/housing_qa huggingface dataset:
IN Code § 28-9-3-3 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 9. Depository Financial Institutions Adverse Claims Act|Chapter 3. Notice of Adverse Claims|28-9-3-3. Adverse Claim by One Who Is Not a Money Judgment Creditor of a Depositor; Accountability of Depository Financial Institution; Actions Required of Adverse Claimant

Sec. 3. (a) This section applies to an adverse claimant who is not a money judgment creditor of a depositor.(b) A depository financial institution may not be held accountable to an adverse claimant for funds in a deposit account that are claimed by the adverse claimant unless the adverse claimant:(1) serves on the depository financial institution written verified notice of the adverse claim stating in detail:(A) the nature of the adverse claim, including the facts from which the adverse claim arose;(B) that an action has been instituted in a court having jurisdiction in Indiana, or will be instituted within three (3) working days after receipt by the depository financial institution of the notice; and(C) that the action instituted will include all persons known by the adverse claimant to have a claim against or an interest in the deposit account;(2) serves on the depository financial institution notice of an adverse claim with a restraining order, an injunction, or another legal process that:(A) directs the depository financial institution to place a hold on or otherwise restrict withdrawals from a deposit account;(B) is issued or appears to be issued by a court having jurisdiction as a result of an action in which the depositor, the depository financial institution, and all persons who are known to the depository financial institution as having an interest in the deposit account are parties; and(C) is accompanied by a court order providing for the recovery and collection by the depository financial institution of all costs and expenses, including attorney's fees, that have been or may be incurred by the depository financial institution as a result of the action; or(3) furnishes to the depository financial institution, in form and with sureties acceptable to the depository financial institution, a bond indemnifying the depository financial institution from payment of damages, costs and expenses, and attorney's fees incurred by the depository financial institution as a result of the:(A) payment by the depository financial institution of the adverse claim;(B) dishonor by the depository financial institution of any instructions from, or orders by, a depositor; or(C) dishonor by the depository financial institution of other duties imposed upon the depository financial institution by contract or law.As added by P.L.258-1989, SEC.2.
IN Code § 28-9-4-1 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 9. Depository Financial Institutions Adverse Claims Act|Chapter 4. Procedure Upon Receipt of Notice|28-9-4-1. Receipt of Notice From an Adverse Claimant Who Is Not a Money Judgment Creditor; Hold on Deposit Account

Sec. 1. (a) Upon receipt of the notice required under IC 28-9-3-3(b)(1), a depository financial institution shall place a hold on the deposit account described in the notice the amount in controversy that is specified by the notice.(b) If within three (3) working days after receipt by a depository financial institution of the notice required under IC 28-9-3-3(b)(1), the adverse claimant has failed to serve or cause to be served an apparently valid order directing the depository financial institution to hold or restrict the funds in a deposit account against which an adverse claim is asserted, the depository financial institution shall treat the deposit account as if no notice of an adverse claim had been given.As added by P.L.258-1989, SEC.2.
IN Code § 28-9-4-2 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 9. Depository Financial Institutions Adverse Claims Act|Chapter 4. Procedure Upon Receipt of Notice|28-9-4-2. Receipt of Notice From an Adverse Claimant Who Is a Money Judgment Creditor; Restriction on Withdrawal From Deposit Account; Expiration of Restriction

Sec. 2. (a) Upon receipt from an adverse claimant who is a money judgment creditor of the documents and process required under IC 28-9-3-4(d), a depository financial institution shall:(1) deduct and obtain from the deposit account the full amount of the fee specified in section 3(b) of this chapter;(2) within a commercially reasonable time after receiving the documents and process, restrict withdrawal of funds in the deposit account identified in the documents and process in an amount equal to the lesser of:(A) the unpaid amount of the judgment specified by the documents and process; or(B) the balance in the account at the time of receipt of the documents and process;less one-half (1/2) of the amount of the fee deducted under subdivision (1);(3) if the depository financial institution places a hold on the deposit account of a judgment defendant who is an individual, within one (1) working day after the hold has been placed, send to each depositor whose deposit account is affected at the last known address of such depositor or depositors (as the address is shown by the records of the depository financial institution with respect to that deposit account) a copy of the notice or order containing the notice specified in IC 28-9-3-4(d)(3) and a written notification advising the depositor or depositors that the hold has been placed; and(4) if the depository financial institution places a hold on the deposit account of a judgment defendant who is not an individual, within one (1) working day after the hold has been placed, send to each depositor whose deposit account is affected at the last known address of such depositor or depositors (as the address is shown by the records of the depository financial institution with respect to that deposit account) a written notification advising the depositor or depositors that the hold has been placed.(b) The restriction on withdrawal from a deposit account imposed by a depository financial institution under this section may not exceed ninety (90) days, pending a court's determination of the adverse claimant's rights to the amount restricted.(c) If:(1) ninety (90) days have elapsed after the hold is placed on a deposit account; and(2) an apparently valid order of a court has not been served upon the depository financial institution that directs the depository financial institution to begin or to continue to restrict withdrawals from a deposit account;the restriction on withdrawal from the deposit account imposed under subsection (a) expires.As added by P.L.258-1989, SEC.2. Amended by P.L.89-1998, SEC.2.
IN Code § 28-9-4-3 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 9. Depository Financial Institutions Adverse Claims Act|Chapter 4. Procedure Upon Receipt of Notice|28-9-4-3. Garnishment Fee; Credit Against Unpaid Amount of Judgment; Deposit Funds Exempt From Garnishment

Sec. 3. (a) This section applies to a depository financial institution that is required to place a hold on a deposit account under section 2(a) of this chapter.(b) Immediately prior to the placing of a hold on a deposit account under section 2(a) of this chapter, the depository financial institution is entitled to receive and deduct from the affected deposit account a garnishment fee equal to the lesser of:(1) twenty dollars ($20); or(2) the amount of funds then in the deposit account.However, if the court determines that the funds from which the garnishment fee is deducted are exempt from garnishment, the depository financial institution shall recredit the deposit account affected with the amount of the garnishment fee previously deducted.(c) In answering interrogatories served or caused to be served by the adverse claimant regarding the amount of funds in a deposit account, the depository financial institution shall indicate the balance in the deposit account immediately prior to the deduction of the garnishment fee specified in subsection (b).(d) Upon receipt from the depository financial institution of answers to interrogatories indicating a balance in a deposit account in which the judgment defendant has an interest, the adverse claimant shall credit or cause to be credited against the unpaid amount of the judgment one-half (1/2) of the garnishment fee calculated in accordance with subsection (b). However, if the court determines that the funds from which the garnishment fee is deducted are exempt from garnishment, that credit against the unpaid amount of the judgment shall be reversed.(e) For the purposes of subsections (b) and (d), if the court determines that a portion of the funds in a deposit account is exempt from garnishment, the garnishment fee specified in subsection (b) shall be considered to have been deducted first from those funds in the deposit account that are not exempt from garnishment.(f) Subject only to the provisions of subsection (b) with respect to adjustment of a deposit account based upon an exemption, once the garnishment fee specified in that subsection is deducted, the deducted amount shall not be subject to any claim by the adverse claimant or a depositor.As added by P.L.258-1989, SEC.2. Amended by P.L.198-1991, SEC.2.
IN Code § 28-9-5-1 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 9. Depository Financial Institutions Adverse Claims Act|Chapter 5. Immunity; Indemnification; Interpleader|28-9-5-1. Holds on or Restrictions of Withdrawals From Deposit Accounts; Failure to Send Copy of Order or Notice or Written Notification to Depositor; Immunity

Sec. 1. (a) A depository financial institution that, in good faith, places a hold on, or otherwise restricts withdrawals from, a deposit account under IC 28-9-4-1(a), under IC 28-9-4-2(a), or in response to the process prescribed in IC 28-9-3-3(b)(2) is immune from civil liability to any person, including any depositor, by reason of the failure of the depository financial institution to treat the deposit account in accordance with an agreement made between the depository financial institution and a depositor.(b) A depository financial institution that, in good faith, places a hold on a deposit account under IC 28-9-4-2(a) is immune from civil liability to any depositor for the failure of the depository financial institution to send the copy of the order or notice or the written notification required under IC 28-9-4-2(a)(2) or for the failure to send the written notification required under IC 28-9-4-2(a)(3) if the failure was not intentional and was the result of a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid such an error.As added by P.L.258-1989, SEC.2.
IN Code § 28-9-5-2 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 9. Depository Financial Institutions Adverse Claims Act|Chapter 5. Immunity; Indemnification; Interpleader|28-9-5-2. Indemnification of Depository Financial Institution by Adverse Claimant

Sec. 2. If a depository financial institution:(1) has responded in good faith to an adverse claimant under this article; and(2) is held liable to a depositor or another person by reason of the failure of the depository financial institution to treat a deposit account in accordance with an agreement made between the depository financial institution and a depositor;the depository financial institution is entitled to indemnification from the adverse claimant for the full amount of damages incurred by the depository financial institution, including attorney's fees.As added by P.L.258-1989, SEC.2.
IN Code § 28-9-5-3 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 9. Depository Financial Institutions Adverse Claims Act|Chapter 5. Immunity; Indemnification; Interpleader|28-9-5-3. Interpleader

Sec. 3. This article does not prevent a depository financial institution from interpleading and paying the funds that are the subject of an adverse claim into a court. If a depository financial institution pays the funds to the court, the depository financial institution is entitled to recover and collect the costs and expenses, including attorney's fees, incurred by the depository financial institution in the interpleader action.As added by P.L.258-1989, SEC.2.
IN Code § 28-10-1-1 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 10. General Provisions and Definitions|Chapter 1. General Provisions|28-10-1-1. References to Federal Laws or Regulations

Sec. 1. A reference to a federal law or federal regulation in this title is a reference to the law or regulation as in effect December 31, 2020.As added by P.L.33-1991, SEC.55. Amended by P.L.14-1992, SEC.159; P.L.42-1993, SEC.88; P.L.122-1994, SEC.106; P.L.262-1995, SEC.69; P.L.176-1996, SEC.27; P.L.192-1997, SEC.23; P.L.11-1998, SEC.20; P.L.215-1999, SEC.7; P.L.23-2000, SEC.10; P.L.63-2001, SEC.22 and P.L.134-2001, SEC.24; P.L.82-2002, SEC.2; P.L.192-2003, SEC.6 and P.L.258-2003, SEC.18; P.L.73-2004, SEC.40; P.L.141-2005, SEC.19; P.L.10-2006, SEC.67 and P.L.57-2006, SEC.67; P.L.213-2007, SEC.90; P.L.217-2007, SEC.88; P.L.90-2008, SEC.66; P.L.182-2009(ss), SEC.372; P.L.35-2010, SEC.192; P.L.89-2011, SEC.68; P.L.27-2012, SEC.106; P.L.216-2013, SEC.65; P.L.137-2014, SEC.38; P.L.186-2015, SEC.50; P.L.73-2016, SEC.28; P.L.159-2017, SEC.52; P.L.69-2018, SEC.68; P.L.176-2019, SEC.63; P.L.129-2020, SEC.23; P.L.54-2021, SEC.5.
IN Code § 28-10-1-2 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 10. General Provisions and Definitions|Chapter 1. General Provisions|28-10-1-2. Applicability of Definitions

Sec. 2. The definitions in IC 28-1-1-3 apply in the following statutes:(1) This article.(2) IC 28-11.(3) IC 28-12.(4) IC 28-13.(5) IC 28-14.As added by P.L.14-1992, SEC.160. Amended by P.L.262-1995, SEC.70.
IN Code § 28-10-1-3 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 10. General Provisions and Definitions|Chapter 1. General Provisions|28-10-1-3. "Corporation" Defined

Sec. 3. For purposes of IC 28-12, "corporation" means any of the following:(1) A bank and trust company.(2) A bank.(3) A savings association.(4) A trust company.(5) A stock savings bank.(6) A corporate fiduciary.As added by P.L.14-1992, SEC.161. Amended by P.L.42-1993, SEC.89; P.L.122-1994, SEC.107; P.L.262-1995, SEC.71; P.L.79-1998, SEC.83.
IN Code § 28-10-1-4 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 10. General Provisions and Definitions|Chapter 1. General Provisions|28-10-1-4. "Corporation" Defined

Sec. 4. For purposes of IC 28-13, "corporation" means any of the following:(1) A bank and trust company.(2) A bank.(3) A savings association.(4) A mutual savings bank formed as the result of a conversion under IC 28-1-21.7 and governed by IC 28-6.1.(5) A stock savings bank that was:(A) formed as the result of a conversion under IC 28-1-21.8 or IC 28-1-21.9; or(B) incorporated under IC 28-12; andthat is governed by IC 28-6.1.(6) A trust company.(7) A corporate fiduciary.As added by P.L.42-1993, SEC.90. Amended by P.L.122-1994, SEC.108; P.L.262-1995, SEC.72; P.L.79-1998, SEC.84.
IN Code § 28-11-1-1 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 11. Department of Financial Institutions|Chapter 1. Establishment of the Department of Financial Institutions|28-11-1-1. Department of Financial Institutions; Establishment; Expenses Paid by Fees; Not Subject to Oversight; Examination of Funds, Accounts, and Financial Affairs

Sec. 1. (a) The department of financial institutions is established.(b) The department:(1) is an independent agency in the executive branch of state government; and(2) exercises essential public functions.(c) The expenses of the department in administering the financial institutions subject to the department's oversight are paid by financial institutions through fees established by the department under IC 28-11-3-5.(d) Subject to subsection (e), the department's regulatory and budgetary functions are not subject to oversight by the following:(1) The office of management and budget (notwithstanding IC 4-3-22-14).(2) The budget agency (notwithstanding IC 4-12-1).(3) The state personnel department (notwithstanding IC 4-15-2.2).(4) The Indiana department of administration (notwithstanding IC 4-13-1).(5) The office of technology (notwithstanding IC 4-13.1).(e) The department's funds, accounts, and financial affairs shall be examined by the state board of accounts.As added by P.L.33-1991, SEC.56. Amended by P.L.213-2007, SEC.91; P.L.217-2007, SEC.89; P.L.6-2012, SEC.200; P.L.181-2015, SEC.45.
IN Code § 28-11-1-2 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 11. Department of Financial Institutions|Chapter 1. Establishment of the Department of Financial Institutions|28-11-1-2. Administration of Title 28

Sec. 2. The department shall administer this title.As added by P.L.33-1991, SEC.56.
IN Code § 28-11-1-3 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 11. Department of Financial Institutions|Chapter 1. Establishment of the Department of Financial Institutions|28-11-1-3. Members of Department

Sec. 3. (a) The ultimate authority for and the powers, duties, management, and control of the department are vested in the following seven (7) members:(1) The director of the department, who serves as an ex officio, voting member.(2) The following six (6) members appointed by the governor as follows:(A) Three (3) members must have practical experience at the executive level of a:(i) state chartered bank;(ii) state chartered savings association; or(iii) state chartered savings bank.(B) One (1) member must have practical experience at the executive level as a:(i) lender licensed under IC 24-4.5;(ii) mortgage lender licensed under IC 24-4.4;(iii) registrant under IC 24-7;(iv) licensee under IC 28-1-29;(v) licensee under IC 28-7-5;(vi) licensee under IC 28-8-4; or(vii) licensee under IC 28-8-5.(C) One (1) member must have practical experience at the executive level of a state chartered credit union.(D) One (1) member must be appointed with due regard for the consumer, agricultural, industrial, and commercial interests of Indiana.(b) Not more than three (3) members appointed by the governor under subsection (a)(2) after June 30, 2006, may be affiliated with the same political party.As added by P.L.33-1991, SEC.56. Amended by P.L.262-1995, SEC.73; P.L.79-1998, SEC.85; P.L.10-2006, SEC.68 and P.L.57-2006, SEC.68; P.L.213-2007, SEC.92; P.L.217-2007, SEC.90; P.L.159-2017, SEC.53.
IN Code § 28-11-1-4 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 11. Department of Financial Institutions|Chapter 1. Establishment of the Department of Financial Institutions|28-11-1-4. Oath of Office; Necessity

Sec. 4. An individual must take an oath of office before assuming office as a member.As added by P.L.33-1991, SEC.56.
IN Code § 28-11-1-5 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 11. Department of Financial Institutions|Chapter 1. Establishment of the Department of Financial Institutions|28-11-1-5. Term of Office; Reappointment of a Member; Service to Continue Until Successor Appointed

Sec. 5. (a) A member appointed by the governor under section 3(a)(2) of this chapter serves a term of four (4) years but at the pleasure of the governor.(b) The governor may reappoint a member appointed under section 3(a)(2) of this chapter.(c) Notwithstanding the expiration of a member's term, the member continues to serve until a successor is appointed and qualified.As added by P.L.33-1991, SEC.56. Amended by P.L.10-2006, SEC.69 and P.L.57-2006, SEC.69; P.L.35-2010, SEC.193.
IN Code § 28-11-1-6 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 11. Department of Financial Institutions|Chapter 1. Establishment of the Department of Financial Institutions|28-11-1-6. Chairman

Sec. 6. (a) The governor shall designate one (1) of the members as chairman. The governor may appoint the director as chairman under this section.(b) The chairman has one (1) vote on all matters voted on by the members.As added by P.L.33-1991, SEC.56. Amended by P.L.10-2006, SEC.70 and P.L.57-2006, SEC.70.
IN Code § 28-11-1-7 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 11. Department of Financial Institutions|Chapter 1. Establishment of the Department of Financial Institutions|28-11-1-7. Salary; Expenses

Sec. 7. (a) Each member who is not a state officer or employee is entitled to receive an annual salary of four thousand dollars ($4,000).(b) Each member is entitled to receive actual and necessary travel and other expenses incurred in the performance of the member's duties.As added by P.L.33-1991, SEC.56. Amended by P.L.10-2006, SEC.71 and P.L.57-2006, SEC.71.
IN Code § 28-11-1-8 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 11. Department of Financial Institutions|Chapter 1. Establishment of the Department of Financial Institutions|28-11-1-8. Officers; Election; Term of Office

Sec. 8. (a) During the first meeting after June 30 of each year, the members shall elect the following officers:(1) One (1) member as vice chairman.(2) One (1) individual, who need not be a member, as secretary.(3) Other officers considered necessary by the members.(b) The officers elected under subsection (a) hold office for one (1) year and until their successors are elected and qualified.As added by P.L.33-1991, SEC.56.
IN Code § 28-11-1-9 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 11. Department of Financial Institutions|Chapter 1. Establishment of the Department of Financial Institutions|28-11-1-9. Meetings

Sec. 9. Each year the members shall hold the following:(1) Regular meetings at times specified by resolution of the members.(2) Special meetings at the call of the chairman.As added by P.L.33-1991, SEC.56.
IN Code § 28-11-1-10 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 11. Department of Financial Institutions|Chapter 1. Establishment of the Department of Financial Institutions|28-11-1-10. Quorum; Action by Majority

Sec. 10. (a) Four (4) members constitute a quorum.(b) Unless otherwise provided for in this title, if a quorum is present, a majority of the members present is sufficient for the department to take action.As added by P.L.33-1991, SEC.56.
IN Code § 28-11-1-11 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 11. Department of Financial Institutions|Chapter 1. Establishment of the Department of Financial Institutions|28-11-1-11. Delegation of Power

Sec. 11. The members may delegate a power or duty to:(1) the director;(2) an agent of the department; or(3) an employee of the department;by a rule of the department adopted under IC 4-22-2 or by a resolution of the members.As added by P.L.33-1991, SEC.56.
IN Code § 28-11-1-12 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 11. Department of Financial Institutions|Chapter 1. Establishment of the Department of Financial Institutions|28-11-1-12. Adoption of Rules

Sec. 12. The department may, by a majority vote of the members, adopt rules under IC 4-22-2 to implement this title.As added by P.L.33-1991, SEC.56.
IN Code § 28-11-1-13 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 11. Department of Financial Institutions|Chapter 1. Establishment of the Department of Financial Institutions|28-11-1-13. Policies and Procedures

Sec. 13. The members may by resolution establish policies and procedures in order to facilitate:(1) the supervision of financial institutions by the department; and(2) the licensing and regulation of persons and entities by the department under:(A) this title; and(B) IC 24.As added by P.L.33-1991, SEC.56. Amended by P.L.262-1995, SEC.74; P.L.213-2007, SEC.93; P.L.217-2007, SEC.91.