reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 8. Uniform Electronic Transactions Act › 26-2-8-107. Provision of Information in Writing; Presentation of Records

Sec. 107. (a) If parties have agreed to conduct transactions electronically and a law requires a person to provide, send, or deliver information in writing to another person, that requirement is satisfied if the information is provided, sent, or delivered, as the case may be, in an electronic record and the information is capable of retention by the recipient at the time the information is received.
(b) If a law other than this chapter requires a record (i) to be posted or displayed in a certain manner, (ii) to be sent, communicated, or transmitted by a specified method, or (iii) to contain information that is formatted in a certain manner, the following rules apply:
(1) The record must be posted or displayed in the manner specified in the other law.
(2) Except as otherwise provided in subsection (d)(2), the record must be sent, communicated, or transmitted by the method specified in the other law.
(3) The record must contain the information formatted in the manner specified in the other law.
(c) An electronic record may not be sent, communicated, or transmitted by an information processing system that inhibits the ability to print or download the information in the electronic record.
(d) This section may not be varied by agreement, but:
(1) a requirement under a law other than this chapter to provide information in writing may be varied by agreement to the extent permitted by the other law; and
(2) a requirement under a law other than this chapter to send, communicate, or transmit a record by first class mail, may be varied by agreement to the extent permitted by the other law.
As added by P.L.62-2000, SEC.1.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 8. Uniform Electronic Transactions Act › 26-2-8-108. Attribution and Effect of Electronic Record and Electronic Signature

Sec. 108. (a) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be proved in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.
(b) The effect of an electronic record or electronic signature attributed to a person under subsection (a) is determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties' agreement, if any, and otherwise as provided by law.
As added by P.L.62-2000, SEC.1.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 8. Uniform Electronic Transactions Act › 26-2-8-109. Effect of Change or Error

Sec. 109. If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply:
(1) If the parties have agreed to use a security procedure to detect changes or errors and one (1) party has conformed to the procedure, but the other party has not, and the nonconforming party would have detected the change or error had that party also conformed, the effect of the changed or erroneous electronic record is avoidable by the conforming party.
(2) In an automated transaction involving an individual, the individual may avoid the effect of an electronic record that resulted from an error by the individual made in dealing with the electronic agent of another person if the electronic agent did not provide an opportunity for the prevention or correction of the error and, at the time the individual learns of the error, the individual:
(A) promptly notifies the other person of the error and that the individual did not intend to be bound by the electronic record received by the other person;
(B) takes reasonable steps, including steps that conform to the other person's reasonable instructions, to return to the other person or, if instructed by the other person, to destroy the consideration received, if any, as a result of the erroneous electronic record; and
(C) has not used or received any benefit or value from the consideration, if any, received from the other person.
(3) If neither subdivision (1) nor subdivision (2) applies, the change or error has the effect provided by law, including the law of mistake, and the parties' contract, if any.
(4) Subdivisions (2) and (3) may not be varied by agreement.
As added by P.L.62-2000, SEC.1.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 8. Uniform Electronic Transactions Act › 26-2-8-110. Notarization and Acknowledgment

Sec. 110. If a law requires that a signature be notarized, the requirement is satisfied with respect to an electronic signature if an electronic record includes, in addition to the electronic signature to be notarized, the electronic signature of a notary public together with all other information required to be included in a notarization by other applicable law.
As added by P.L.62-2000, SEC.1.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 8. Uniform Electronic Transactions Act › 26-2-8-111. Retention of Electronic Records; Originals

Sec. 111. (a) If a law requires that certain records be retained, that requirement is met by retaining an electronic record of the information in the record that:
(1) accurately reflects the information set forth in the record after it was first generated in its final form as an electronic record or otherwise; and
(2) remains accessible for later reference.
(b) A requirement to retain records in accordance with subsection (a) does not apply to any information whose sole purpose is to enable the record to be sent, communicated, or received.
(c) A person satisfies subsection (a) by using the services of any other person if the requirements of subsection (a) are met.
(d) If a law requires a record to be presented or retained in its original form, or provides consequences if the record is not presented or retained in its original form, that law is satisfied by an electronic record retained in accordance with subsection (a).
(e) If a law requires retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with subsection (a).
(f) A record retained as an electronic record in accordance with subsection (a) satisfies a law requiring a person to retain records for evidentiary, audit, or like purposes, unless a law enacted after July 1, 2000, specifically prohibits the use of an electronic record for a specified purpose.
(g) This section does not preclude a governmental agency from specifying additional requirements for the retention of records, written or electronic, subject to the agency's jurisdiction.
As added by P.L.62-2000, SEC.1.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 8. Uniform Electronic Transactions Act › 26-2-8-112. Admissibility of Evidence

Sec. 112. In a legal proceeding, evidence of an electronic record or electronic signature may not be excluded because it is an electronic record or electronic signature or it is not an original or is not in its original form.
As added by P.L.62-2000, SEC.1.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 8. Uniform Electronic Transactions Act › 26-2-8-113. Automated Transaction

Sec. 113. (a) If an offer evokes an electronic record in response, a contract may be formed in the same manner and with the same effect as if the record were not electronic, but an acceptance of the offer is effective, if at all, when received.
(b) In an automated transaction, the following rules apply:
(1) A contract may be formed by the interaction of electronic agents of the parties even if no individual was aware of or reviewed the electronic agents' actions or the resulting terms and agreements.
(2) A contract may be formed by the interaction of an electronic agent and an individual, acting on the individual's own behalf or for another person, including by an interaction in which the individual performs actions that the individual is free to refuse to perform and which the individual knows or has reason to know will cause the electronic agent to complete the transaction or performance.
(c) The terms of a contract are determined by the substantive law applicable to the particular contract.
As added by P.L.62-2000, SEC.1.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 8. Uniform Electronic Transactions Act › 26-2-8-114. Time and Place of Sending and Receipt

Sec. 114. (a) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when the information is addressed or otherwise directed properly to the recipient and either:
(1) enters an information processing system outside the control of the sender or of a person that sent the electronic record on behalf of the sender; or
(2) enters a region of an information processing system that is under the control of the recipient.
(b) Unless otherwise agreed between the sender and the recipient, an electronic record is received when:
(1) it enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent from which the recipient is able to retrieve the electronic record; and
(2) the electronic record is in a form capable of being processed by that system.
(c) Subsection (b) applies even if the place the information processing system is located is different from the place the electronic record is deemed to be received under subsection (d).
(d) Unless otherwise expressly provided in the electronic record or agreed between the sender and the recipient, an electronic record is deemed to be sent from the sender's place of business and is deemed to be received at the recipient's place of business. For purposes of this subsection, the following rules apply:
(1) If the sender or recipient has more than one (1) place of business, the place of business of that person is that which has the closest relationship to the underlying transaction.
(2) If the sender or the recipient does not have a place of business, the place of business is the sender's or recipient's residence, as the case may be.
(e) An electronic record is effective when received even if no individual is aware of its receipt.
(f) Receipt of an electronic acknowledgment from an information processing system described in subsection (b) establishes that a record was received but, in itself, does not establish that the content sent corresponds to the content received.
(g) If a law other than this chapter requires that a record be sent or received, the requirement is satisfied by an electronic record only if it is sent in accordance with subsection (a) or received in accordance with subsection (b). If a person is aware that an electronic record purportedly sent under subsection (a), or purportedly received under subsection (b), was not actually sent or received, the legal effect of the sending or receipt is determined by other applicable law. Except to the extent permitted by the other law, this subsection may not be varied by agreement.
As added by P.L.62-2000, SEC.1.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 8. Uniform Electronic Transactions Act › 26-2-8-115. Transferable Records

Sec. 115. (a) In this section, "transferable record" means an electronic record that:
(1) would be a note under IC 26-1-3.1 or a document under IC 26-1-7, if the electronic record were in writing; and
(2) the issuer of the electronic record expressly has agreed is subject to this chapter.
(b) A person has control of a transferable record if a system employed for evidencing the transfer of interests in the transferable record reliably establishes that person as the person to whom the transferable record has been issued or transferred.
(c) A system satisfies subsection (a), and a person is deemed to have control of a transferable record, if the record or records are created, stored, and assigned in such a manner that:
(1) a single authoritative copy of the record or records exists that is unique, identifiable, and except as otherwise provided in subdivisions (4), (5), and (6), unalterable;
(2) the authoritative copy identifies the person asserting control as the assignee of the record or records;
(3) the authoritative copy is communicated to and maintained by the person asserting control or its designated custodian;
(4) copies or revisions that add or change an identified assignee of the authoritative copy can be made only with the consent of the person asserting control;
(5) each copy of the authoritative copy and any copy of a copy is readily identifiable as a copy that is not the authoritative copy; and
(6) any revision of the authoritative copy is readily identifiable as an authorized or unauthorized revision.
(d) Except as otherwise agreed, a person having control of a transferable record is the holder, as defined in IC 26-1-1-201(20), of the transferable record and has the same rights and defenses as a holder of an equivalent record or writing under IC 26-1, including, if the applicable statutory requirements under IC 26-1-3.1-302(a), IC 26-1-7-501, or IC 26-1-9.1-330 are satisfied, the rights and defenses of a holder in due course, a holder to which a negotiable document of title has been duly negotiated, or a purchaser, respectively. Delivery, possession, and endorsement are not required to obtain or exercise any of the rights in this subsection.
(e) Except as otherwise agreed, obligors under a transferable record have the same rights and defenses as equivalent obligors under equivalent records and writings under IC 26-1.
(f) If requested by the person against whom enforcement is sought, the person seeking to enforce the transferable record shall provide reasonable proof that the person is in control of the transferable record. This proof may include access to the authoritative copy of the transferable record and related business records sufficient to review the terms of the transferable record and establish the identity of the person in control of the transferable record.
As added by P.L.62-2000, SEC.1. Amended by P.L.1-2001, SEC.32.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 8. Uniform Electronic Transactions Act › 26-2-8-116. Electronic Signature Involving Individual Health Information

Sec. 116. (a) As used in this section, "authorization" means a consent, an approval, or an authorization between an individual and a person.
(b) As used in this section, "electronic identification" means the electronic identification system for form, location, and endorsement that is specified in subsection (d).
(c) Electronic signature authentication and identification may be used for an individual who participates in agreements, authorizations, contracts, records, or transactions that involve individually identifiable health information, including medical records and record keeping, transfer of medical records, medical billing, health care proxies, health care directives, consent to medical treatment, medical research, and organ and tissue donation or procurement.
(d) The electronic authentication and identification under subsection (c) may be accomplished by an interactive system of security procedures that include any of the following:
(1) A tamper proof electric appliance that receives input of unique identification numbers, unique biometric identifiers, or location devices.
(2) A computerized authentication process for biometric identifiers that is linked to the appropriate identification numbers upon receipt of the identifiers.
(3) Transmission of verification of the identifiers to a securely maintained electronic repository.
No provision in this section may be construed to supersede or preempt applicable federal and state law, including the Indiana Uniform Electronic Transactions Act (IC 26-2-8), the Health Insurance Portability and Accountability Act of 1996 and associated regulations, and 21 CFR Part 11.
As added by P.L.77-2005, SEC.1.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 8. Uniform Electronic Transactions Act › 26-2-8-201. Creation and Retention of Electronic Records and Conversion of Written Records by Governmental Agency

Sec. 201. Each governmental agency shall determine whether, and the extent to which, the governmental agency will create and retain electronic records and convert written records to electronic records.
As added by P.L.62-2000, SEC.1.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 8. Uniform Electronic Transactions Act › 26-2-8-202. Acceptance and Distribution of Electronic Records by Governmental Agencies

Sec. 202. (a) Except as otherwise provided in section 111(f) of this chapter, each governmental agency shall determine whether, and the extent to which, it will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures.
(b) To the extent that a governmental agency uses electronic records and electronic signatures under subsection (a), the governmental agency, giving due consideration to security, may specify:
(1) the manner and format in which the electronic records must be created, generated, sent, communicated, received, and stored and the systems established for such purposes;
(2) if electronic records must be electronically signed, the type of electronic signature required, the manner and format in which the electronic signature must be affixed to the electronic record, and the identity of, or criteria that must be met by, any third party used by a person filing a document to facilitate the process;
(3) control processes and procedures as appropriate to ensure adequate preservation, disposition, integrity, security, confidentiality, and auditability of electronic records; and
(4) any other required attributes for electronic records that are specified for corresponding nonelectronic records or reasonably necessary under the circumstances.
(c) Except as otherwise provided in section 111(f) of this chapter, this chapter does not require a governmental agency to use or permit the use of electronic records or electronic signatures.
As added by P.L.62-2000, SEC.1.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 8. Uniform Electronic Transactions Act › 26-2-8-203. Interoperability

Sec. 203. Standards adopted by a governmental agency under section 202 of this chapter must encourage and promote consistency and interoperability with similar requirements adopted by:
(1) other governmental agencies;
(2) other states;
(3) the federal government; and
(4) nongovernmental persons interacting with governmental agencies.
If appropriate, those standards must specify differing levels of standards from which governmental agencies may choose in implementing the most appropriate standard for a particular application.
As added by P.L.62-2000, SEC.1.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 8. Uniform Electronic Transactions Act › 26-2-8-301. Severability Clause

Sec. 301. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
As added by P.L.62-2000, SEC.1.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 8. Uniform Electronic Transactions Act › 26-2-8-302. Prospective Application

Sec. 302. This chapter applies to an electronic record or electronic signature created, generated, sent, communicated, received, or stored after June 30, 2000.
As added by P.L.62-2000, SEC.1.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 9. Credit Agreements › 26-2-9-0.2. Application of Certain Amendments to Prior Law

Sec. 0.2. The addition of IC 32-2-1.5 (before its repeal, now codified in this chapter) by P.L.275-1989 does not apply to credit agreements entered into before July 1, 1989.
As added by P.L.220-2011, SEC.419.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 9. Credit Agreements › 26-2-9-1. "Credit Agreement"

Sec. 1. (a) As used in this chapter, "credit agreement" means an agreement to:
(1) lend or forbear repayment of money, goods, or things in action;
(2) otherwise extend credit; or
(3) make any other financial accommodation.
(b) The term includes an agreement to:
(1) amend or modify an agreement;
(2) enter into a new agreement;
(3) forbear from exercising rights under an agreement; or
(4) grant an extension under an agreement;
described in subsection (a).
[Pre-2002 Title 32 Recodification Citation: 32-2-1.5-1.]
As added by P.L.2-2002, SEC.79. Amended by P.L.10-2006, SEC.25 and P.L.57-2006, SEC.25; P.L.76-2011, SEC.1.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 9. Credit Agreements › 26-2-9-2. "Creditor"

Sec. 2. As used in this chapter, "creditor" means:
(1) a bank, a savings bank, a trust company, a savings association, a credit union, an industrial loan and investment company, or any other financial institution regulated by any agency of the United States or any state, including a consumer finance institution licensed to make supervised or regulated loans under IC 24-4.5;
(2) a person authorized to sell and service loans for the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation, issue securities backed by the Government National Mortgage Association, make loans insured by the United States Department of Housing and Urban Development, make loans guaranteed by the United States Department of Veterans Affairs, or act as a correspondent of loans insured by the United States Department of Housing and Urban Development or guaranteed by the United States Department of Veterans Affairs; or
(3) an insurance company or its affiliates that extend credit under a credit agreement with a debtor.
[Pre-2002 Title 32 Recodification Citation: 32-2-1.5-2.]
As added by P.L.2-2002, SEC.79.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 9. Credit Agreements › 26-2-9-3. "Debtor"

Sec. 3. As used in this chapter, "debtor" means a person who:
(1) obtains credit under a credit agreement with a creditor;
(2) seeks a credit agreement with a creditor; or
(3) owes money to a creditor.
[Pre-2002 Title 32 Recodification Citation: 32-2-1.5-3.]
As added by P.L.2-2002, SEC.79.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 9. Credit Agreements › 26-2-9-4. Claims and Defenses Arising From Credit Agreements; Writing Required

Sec. 4. (a) A debtor may assert:
(1) a claim for legal or equitable relief; or
(2) a defense to a claim;
arising from a credit agreement only if the credit agreement at issue satisfies the requirements set forth in subsection (b).
(b) A debtor may assert a claim or defense under subsection (a) only if the credit agreement at issue:
(1) is in writing;
(2) sets forth all material terms and conditions of the credit agreement, including the loan amount, rate of interest, duration, and security; and
(3) is signed by the creditor and the debtor.
[Pre-2002 Title 32 Recodification Citation: 32-2-1.5-4.]
As added by P.L.2-2002, SEC.79. Amended by P.L.10-2006, SEC.26 and P.L.57-2006, SEC.26; P.L.76-2011, SEC.2.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 9. Credit Agreements › 26-2-9-5. Repealed

[Pre-2002 Title 32 Recodification Citation: 32-2-1.5-5.]
As added by P.L.2-2002, SEC.79. Repealed by P.L.76-2011, SEC.3.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 10. Repossessing Motor Vehicles or Watercraft › 26-2-10-2. "Motor Vehicle Repossession Agent"

Sec. 2. As used in this chapter, "motor vehicle repossession agent" means a person who physically repossesses a motor vehicle or watercraft on behalf of another person or on the person's own behalf.
As added by P.L.38-2009, SEC.1.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 10. Repossessing Motor Vehicles or Watercraft › 26-2-10-3. "Repossess"

Sec. 3. As used in this chapter, "repossess" or "repossesses" means to take possession of personal property used as collateral under IC 26-1-9.1-609.
As added by P.L.38-2009, SEC.1.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 10. Repossessing Motor Vehicles or Watercraft › 26-2-10-4. "Sheriff's Department of the County"

Sec. 4. As used in this chapter, "sheriff's department of the county" includes a consolidated law enforcement department established in IC 36-3-1-5.1.
As added by P.L.38-2009, SEC.1.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 10. Repossessing Motor Vehicles or Watercraft › 26-2-10-5. "Watercraft"

Sec. 5. As used in this chapter, "watercraft" has the meaning set forth in IC 9-13-2-198.5.
As added by P.L.38-2009, SEC.1.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 10. Repossessing Motor Vehicles or Watercraft › 26-2-10-6. Information Required to Be Provided Before Repossession of a Motor Vehicle or Watercraft

Sec. 6. (a) A motor vehicle repossession agent who repossesses or intends to repossess a motor vehicle or watercraft must provide the following information, if available, to the sheriff's department of the county having jurisdiction in the location where the motor vehicle repossession agent believes that the motor vehicle or watercraft will be found:
(1) The identity of the repossession company.
(2) A description of the motor vehicle or watercraft.
(3) The name and address of the person believed to be currently in possession of the motor vehicle or watercraft (if the repossession has not yet occurred), or believed to have been in possession of the motor vehicle (if the repossession has already occurred).
(4) The address where the motor vehicle repossession agent believes that the motor vehicle or watercraft will be found (if the repossession has not yet occurred), or the address where the motor vehicle was found when it was repossessed.
(b) A motor vehicle repossession agent must provide the information described in subsection (a):
(1) before the repossession occurs; or
(2) not later than two (2) hours after the repossession.
As added by P.L.38-2009, SEC.1.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 2. Uniform Warehouse Receipts Act › 26-3-2-1. Issuance of Receipt for Goods Not Received

Sec. 1. A warehouseman, or any officer, agent, or servant of a warehouseman, who issues a receipt, knowing that the goods for which the receipt is issued have not been actually received by the warehouseman, or are not under the warehouseman's actual control at the time of issuing the receipt, commits a Level 6 felony.
Formerly: Acts 1921, c.100, s.50. As amended by Acts 1978, P.L.2, SEC.2601; P.L.158-2013, SEC.293.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 2. Uniform Warehouse Receipts Act › 26-3-2-2. Issuance of False or Fraudulent Receipt

Sec. 2. A warehouseman, or any officer, agent or servant of a warehouseman, who fraudulently issues a receipt for goods, knowing that it contains any false statement, commits a Class A misdemeanor.
Formerly: Acts 1921, c.100, s.51. As amended by Acts 1978, P.L.2, SEC.2602.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 2. Uniform Warehouse Receipts Act › 26-3-2-3. Issuance of Duplicate or Additional Negotiable Receipt With Former Receipt Outstanding

Sec. 3. A warehouseman, or any officer, agent, or servant of a warehouseman, who issues a duplicate or additional negotiable receipt for goods, knowing that a former negotiable receipt for the same goods or any part of them is outstanding and uncanceled, without plainly placing upon the face thereof the word "Duplicate," except in case of a lost, stolen, or destroyed receipt, commits a Level 6 felony.
Formerly: Acts 1921, c.100, s.52. As amended by Acts 1978, P.L.2, SEC.2603; P.L.158-2013, SEC.294.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 2. Uniform Warehouse Receipts Act › 26-3-2-4. Issuance of Receipt Failing to Show Warehouseman's Ownership Interest

Sec. 4. If there are deposited with or held by a warehouseman goods of which he is owner, either solely or jointly, or in common with others, and if the warehouseman, or his officer, agent, or servant, knowing the ownership, issues a negotiable receipt for the goods which does not state the ownership, he commits a Class A misdemeanor.
Formerly: Acts 1921, c.100, s.53. As amended by Acts 1978, P.L.2, SEC.2604.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 2. Uniform Warehouse Receipts Act › 26-3-2-5. Delivery of Goods Without Canceling Outstanding Receipt

Sec. 5. A warehouseman, or any officer, agent, or servant of a warehouseman, who delivers goods out of the possession of the warehouseman, knowing that a negotiable receipt, the negotiation of which would transfer the right to the possession of the goods, is outstanding and uncanceled, without obtaining the possession of the receipt at or before the time of delivery, commits a Class A misdemeanor.
Formerly: Acts 1921, c.100, s.54. As amended by Acts 1978, P.L.2, SEC.2605.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 2. Uniform Warehouse Receipts Act › 26-3-2-7. Short Title

Sec. 7. This chapter may be cited as the Uniform Warehouse Receipts Act.
Formerly: Acts 1921, c.100, s.61. As amended by P.L.152-1986, SEC.306.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 4. Illegal Issuance of Receipts › 26-3-4-1. Transfer of Purported Warehouse Receipt Not Issued by Warehouseman

Sec. 1. It shall be unlawful for any corporation, firm, limited liability company, or person, their agents or employees, to issue, sell, pledge, assign, or transfer, in this state, any receipt, certificate or other written instrument purporting to be a warehouse receipt, or in the similitude of a warehouse receipt, or designed to be understood as a warehouse receipt, for goods, wares or merchandise stored or deposited, or claimed to be stored or deposited, in any warehouse, public or private, in any other state, unless such receipt, certificate or other written instrument shall have been issued by the warehouseman operating such warehouse.
Formerly: Acts 1897, c.124, s.1. As amended by P.L.8-1993, SEC.405.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 4. Illegal Issuance of Receipts › 26-3-4-2. Transfer of Purported Warehouse Receipt With Knowledge of Nonexistence of Warehouse or Nonexistence of Goods

Sec. 2. It shall be unlawful for any corporation, firm, limited liability company, or person, their agents or employees, to issue, sell, pledge, assign or transfer, in this state, any receipt, certificate or other written instrument for goods, wares or merchandise claimed to be stored or deposited in any warehouse, public or private, in any other state, knowing that there is no such warehouse located at the place named in such receipt, certificate or other written instrument, or if there be a warehouse at such place, knowing that there are no goods, wares or merchandise stored or deposited in the warehouse as specified in such report, certificate or other written instrument.
Formerly: Acts 1897, c.124, s.2. As amended by P.L.8-1993, SEC.406; P.L.136-2018, SEC.143.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 4. Illegal Issuance of Receipts › 26-3-4-3. Transfer of Documents Evidencing Interest in Goods Under Foreign Warehouse Receipt; Form and Contents; Prohibition; Exceptions

Sec. 3. It shall be unlawful for any corporation, firm, limited liability company, or person, their agents or employees, to issue, sign, sell, pledge, assign or transfer, in this state, any receipt, certificate or other written instrument evidencing, or purporting to evidence, the sale, pledge, mortgage, or bailment of any goods, wares or merchandise stored or deposited, or claimed to be stored or deposited, in any warehouse, public or private, in any other state, unless such receipt, certificate or other written instrument shall plainly designate the number and location of such warehouse, and shall also set forth therein a full, true and complete copy of the receipt issued by the warehouseman operating such warehouse wherein such goods, wares, or merchandise are stored or deposited, or are claimed to be stored or deposited; however, the provisions of this section shall not apply to the issue, signing, sale, pledge, assignment, or transfer of bona fide warehouse receipt issued by the warehouseman operating public or bonded warehouses in other states according to the laws of the state wherein such warehouses may be located.
Formerly: Acts 1897, c.124, s.3. As amended by P.L.8-1993, SEC.407.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 4. Illegal Issuance of Receipts › 26-3-4-4. Violations

Sec. 4. A person who knowingly violates this chapter commits a Class A misdemeanor.
Formerly: Acts 1897, c.124, s.4. As amended by Acts 1978, P.L.2, SEC.2606.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 7. Indiana Grain Buyers and Warehouse Licensing and Bonding Law › 26-3-7-1. Indiana Grain Buyers and Warehouse Licensing Agency; Employees

Sec. 1. (a) The Indiana grain buyers and warehouse licensing agency is established within the Indiana state department of agriculture to administer this chapter. The director of the Indiana state department of agriculture may appoint the director of the agency, who shall serve at the pleasure of the director of the Indiana state department of agriculture. The director shall administer this chapter and shall be the ultimate authority in the administration of this chapter.
(b) The agency shall employ all necessary employees, counsel, and consultants to carry out the provisions of this chapter and is vested with the power necessary to fully and effectively carry out the provisions and objectives of this chapter.
Formerly: Acts 1973, P.L.268, SEC.1; Acts 1975, P.L.277, SEC.1. As amended by Acts 1982, P.L.155, SEC.2; P.L.125-1997, SEC.18; P.L.1-2006, SEC.482; P.L.120-2008, SEC.91; P.L.60-2015, SEC.3.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 7. Indiana Grain Buyers and Warehouse Licensing and Bonding Law › 26-3-7-2.2. Determination of a Single Warehouse

Sec. 2.2. For purposes of determining whether a building or other protected enclosure constitutes a single warehouse that requires a single license under this chapter, the director may consider the following:
(1) The presence of a full weighing facility at geographically diverse warehouse facilities.
(2) The traditional method of record keeping with respect to the separate facilities.
(3) The hours, number of personnel, and activities of the separate facilities.
(4) Any other factor considered relevant.
In the absence of contradictory information, any warehouses owned and operated by the same person that are located within close proximity of each other are presumed to constitute a single warehouse.
As added by P.L.64-2009, SEC.2.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 7. Indiana Grain Buyers and Warehouse Licensing and Bonding Law › 26-3-7-4.1. Renewal Application

Sec. 4.1. (a) The agency shall mail by first class mail or send electronically a renewal application, which must include a listing of all the licensee's facilities, to each licensee before the end of the licensee's fiscal year. The renewal application form must be completed and returned to the agency not later than ninety (90) days after the end of the licensee's fiscal year. The licensee must forward, with the renewal application, the following:
(1) Current reviewed level financial statement.
(2) Updated financial profile form supplied by the agency.
(3) Appropriate license fee.
(b) A renewal application must contain the information as required under rules adopted by the agency. The licensee shall receive an annual renewal license application form appropriate to the license issued to the licensee. The annual renewal license application forms are for a:
(1) grain bank;
(2) warehouse;
(3) grain buyer; or
(4) buyer-warehouse.
As added by P.L.64-2009, SEC.3. Amended by P.L.145-2017, SEC.3.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 7. Indiana Grain Buyers and Warehouse Licensing and Bonding Law › 26-3-7-4.2. Registered Agent

Sec. 4.2. (a) If an applicant for a license or a renewal of a license issued under this chapter does not regularly conduct business at an address at which the applicant usually can be contacted in Indiana, the applicant shall include with the applicant's application a written appointment of a registered agent for service of process, notice, or demand.
(b) The appointment in subsection (a) must be accompanied by a written acceptance of the appointment by the registered agent.
(c) The registered agent must be an individual who is a resident of Indiana or a corporation whose principal place of business is located in Indiana.
(d) The appointment must be made in the form and manner prescribed by the director.
(e) If a registered agent resigns or relocates from Indiana or the applicant revokes the registered agent's appointment, the applicant shall:
(1) immediately notify the director in writing not later than thirty (30) days before the resignation, relocation, or revocation; and
(2) file with the director a written appointment of another registered agent, along with a written acceptance of the appointment signed by the registered agent.
(f) If a registered agent dies or is incapacitated, the applicant shall:
(1) immediately notify the director in writing of the death or incapacity;
(2) not later than thirty (30) days after the death or incapacity, appoint another registered agent; and
(3) file with the director a written appointment of the other registered agent, along with a written acceptance of the appointment signed by the registered agent.
(g) Failure to comply with this section is grounds for denial, suspension, or revocation of a license.
As added by P.L.145-2017, SEC.4.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 7. Indiana Grain Buyers and Warehouse Licensing and Bonding Law › 26-3-7-4.5. Repealed

As added by Acts 1979, P.L.249, SEC.1. Amended by Acts 1982, P.L.155, SEC.5. Repealed by P.L.125-1997, SEC.57.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 7. Indiana Grain Buyers and Warehouse Licensing and Bonding Law › 26-3-7-5. Inspection and Certification of Scales

Sec. 5. All scales used to weigh grain for purchase or storage must be inspected and certified as to accuracy at least once each year.
Formerly: Acts 1973, P.L.268, SEC.1. As amended by P.L.2-1992, SEC.781; P.L.125-1997, SEC.22.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 7. Indiana Grain Buyers and Warehouse Licensing and Bonding Law › 26-3-7-6.1. Financial Statement; Fines

Sec. 6.1. (a) Not more than ninety (90) days after the end of a licensee's fiscal year, the licensee shall file with the agency a current review level financial statement or better financial statement that reflects the licensee's financial situation for the previous fiscal year. The financial statement must be submitted with the licensee's renewal forms and fees.
(b) A financial statement submitted under this section must:
(1) be prepared by an independent accountant certified under IC 25-2.1;
(2) comply with generally accepted accounting principles; and
(3) contain:
(A) an income statement;
(B) a balance sheet;
(C) a statement of cash flow;
(D) a statement of retained earnings;
(E) an aged accounts receivable listing detailing accounts that are ninety (90) days due, one hundred twenty (120) days due, and more than one hundred twenty (120) days due;
(F) a copy of the daily position record for the end of the licensee's fiscal year;
(G) the preparer's notes; and
(H) other information the agency requires.
The director may adopt rules under IC 4-22-2 to allow the agency to accept other substantial supporting documents instead of those listed to determine the financial solvency of the applicant if the director determines that providing the listed documents creates a financial or other hardship on the applicant or licensee.
(c) If the licensee has failed to timely file the financial statement, renewal form, or renewal fee as required in subsection (a), the agency may assess a fine as follows:
(1) Fifty percent (50%) of the licensee's renewal fee for a financial statement, renewal form, or renewal fee that is at least one (1) day and not more than sixty (60) days late.
(2) One hundred percent (100%) of the licensee's renewal fee for a financial statement, renewal form, or renewal fee that is more than sixty (60) days late.
(d) The agency may file a notice of hearing for any fines assessed under subsection (c).
As added by P.L.64-2009, SEC.5. Amended by P.L.60-2015, SEC.8; P.L.134-2015, SEC.2.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 7. Indiana Grain Buyers and Warehouse Licensing and Bonding Law › 26-3-7-6.3. Grain Buyers and Warehouse Licensing Agency License Fee Fund

Sec. 6.3. (a) The grain buyers and warehouse licensing agency license fee fund is established to provide funds for the administration of this chapter. The fund shall be administered by the agency. The fund consists of:
(1) the moisture testing device inspection fees collected under IC 15-11-8-3;
(2) the licensing fees collected under section 6 of this chapter;
(3) the fines collected under this chapter;
(4) gifts and bequests; and
(5) appropriations made by the general assembly.
(b) Expenses of administering the fund shall be paid from money in the fund.
(c) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the fund.
(d) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
As added by P.L.207-2007, SEC.29. Amended by P.L.2-2008, SEC.67; P.L.208-2021, SEC.3.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 7. Indiana Grain Buyers and Warehouse Licensing and Bonding Law › 26-3-7-6.5. Disclosure of Information; Investigations

Sec. 6.5. (a) The names, locations, respective counties, and license status of licensees may be disclosed.
(b) Unless in accordance with a judicial order, the director, the agency, its counsel, auditors, or its other employees or agents shall not divulge any other information disclosed by the applications or reports filed or inspections performed under the provisions of this chapter. However, information may be divulged to agents and employees of the agency, the board, as required by subsection (d), the state board of accounts or another entity retained under subsection (f), or to any other legal representative of the state or federal government otherwise empowered to see or review the information.
(c) Except as provided in subsection (d), the director may disclose the information described in subsection (b) only in the form of an information summary or profile, or statistical study based upon data provided with respect to more than one (1) warehouse, grain buyer, or buyer-warehouse that does not identify the warehouse, grain buyer, or buyer-warehouse to which the information applies.
(d) The director shall disclose to the board, while the board is in executive session, the status and inspection results of any licensee who poses a significant risk of failure or who has failed to meet the minimum requirements in section 4(e) or 16 of this chapter. The director may not include any identifying information regarding the licensee. The director may not disclose the information to a board member who has not executed a confidentiality agreement presented by the agency.
(e) The director shall provide the board with records of previous failures to analyze the factors that have led to previous failures.
(f) The director may use the services of the state board of accounts or retain another entity to assist the agency in investigating any audit results or other factors which indicate the potential for a licensee failure. The director may seek the advice and guidance of the board on selecting an entity or on any other matter.
Formerly: Acts 1975, P.L.277, SEC.4. As amended by Acts 1979, P.L.249, SEC.3; P.L.12-1984, SEC.5; P.L.139-1996, SEC.9; P.L.125-1997, SEC.24; P.L.64-2009, SEC.6; P.L.60-2015, SEC.9; P.L.145-2017, SEC.5; P.L.208-2021, SEC.4.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 7. Indiana Grain Buyers and Warehouse Licensing and Bonding Law › 26-3-7-7. Issuance of License or Permit; False Statements; Applicant's Qualifications

Sec. 7. (a) The director may issue or amend a license after the director has:
(1) received and approved the required information and documentation; and
(2) determined that:
(A) the facility or facilities covered by the application are suitable for the proper storage or handling of the grain intended to be stored or handled in the facility or facilities; and
(B) the applicant has complied with this chapter and the rules adopted under this chapter.
(b) A person may not represent that the person is licensed under this chapter, and may not use a name or description that conveys the impression that the person is licensed, in a receipt or otherwise, unless the person holds an unsuspended and unrevoked license to conduct the business indicated by the license.
(c) An applicant for a license under this chapter must show that the applicant:
(1) has a good business reputation;
(2) has not been involved in improper manipulation of books and records or other improper business practice;
(3) has the qualifications and background essential for the conduct of the business to be licensed;
(4) employs management and principal officers that have suitable business reputations, background, and qualifications to perform their duties;
(5) has not been found guilty of a crime that would affect the licensee's ability to conduct business with integrity; and
(6) does not employ an officer, director, partner, or manager that has been found guilty of a crime that would affect the licensee's ability to conduct business with integrity.
Formerly: Acts 1973, P.L.268, SEC.1; Acts 1974, P.L.120, SEC.5. As amended by Acts 1979, P.L.249, SEC.4; Acts 1982, P.L.155, SEC.7; P.L.17-1985, SEC.21; P.L.191-1991, SEC.5; P.L.249-1995, SEC.2; P.L.125-1997, SEC.25.
2023 Indiana Code › Title 26. Commercial Law › Article 3. Warehouses › Chapter 7. Indiana Grain Buyers and Warehouse Licensing and Bonding Law › 26-3-7-8. Temporary License

Sec. 8. Upon receipt of an application for a permanent license, the director may issue a temporary license to the applicant for a reasonable time, not to exceed ninety (90) days, as the director deems necessary or advisable to enable the applicant to comply with the further requirements for obtaining a license under this chapter. A temporary license entitles the temporary licensee to the same rights and subjects the temporary licensee to the same duties as if the temporary licensee had a permanent license.
Formerly: Acts 1973, P.L.268, SEC.1; Acts 1975, P.L.277, SEC.5. As amended by P.L.125-1997, SEC.26.