reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 23. Business and Other Associations › Article 2.5. Loan Brokers › Chapter 11. Violations and Civil Enforcement › 23-2.5-11-7. Immunity of Witness

Sec. 7. (a) If a witness, in a hearing, an inquiry, or an investigation conducted under this article, refuses to answer a question or produce an item, the commissioner may file a written petition with the circuit or superior court in the county where the hearing, investigation, or inquiry is conducted requesting a hearing on the refusal.
(b) The court described in subsection (a) shall hold a hearing to determine if the witness may refuse to answer the question or produce the item.
(c) If the court described in subsection (a) determines that the witness, based upon the witness's privilege against self-incrimination, may properly refuse to answer or produce an item, the commissioner may make a written request that the court grant use immunity to the witness.
(d) Upon written request of the commissioner under subsection (c), the court shall grant use immunity to the witness and instruct the witness, by written order or in open court, that:
(1) any evidence the witness gives, or evidence derived from the evidence given, may not be used in a criminal proceeding against the witness, unless the evidence is volunteered by the witness or is not responsive to a question; and
(2) the witness must answer the questions asked and produce the items requested.
(e) A grant of use immunity under this section does not prohibit evidence that the witness gives in a hearing, investigation, or inquiry from being used in a prosecution for perjury under IC 35-44.1-2-1.
(f) If a witness refuses to give evidence after the witness has been granted use immunity, the court may find the witness in contempt.
As added by P.L.175-2019, SEC.2.
2023 Indiana Code › Title 23. Business and Other Associations › Article 2.5. Loan Brokers › Chapter 11. Violations and Civil Enforcement › 23-2.5-11-8. Certificate of Compliance or Noncompliance

Sec. 8. (a) In a prosecution, action, suit, or proceeding based on or arising out of this article, the commissioner may sign a certificate showing compliance or noncompliance with this article by any person.
(b) A certificate signed under subsection (a) constitutes prima facie evidence of compliance or noncompliance with this article and is admissible in evidence in an action at law or in equity to enforce this article.
As added by P.L.175-2019, SEC.2.
2023 Indiana Code › Title 23. Business and Other Associations › Article 2.5. Loan Brokers › Chapter 11. Violations and Civil Enforcement › 23-2.5-11-9. Court to Compel Obedience to Subpoena, Order, or Demand

Sec. 9. (a) This section applies when a person or witness takes an action as follows:
(1) A person disobeys a lawful:
(A) subpoena issued under this article; or
(B) order or demand requiring the production of books, accounts, papers, records, documents, or other evidence or information as provided in this article.
(2) A witness in a hearing, inquiry, or investigation refuses to:
(A) appear when subpoenaed;
(B) testify to a matter about which the witness may be lawfully interrogated; or
(C) take or subscribe to an oath required by this article.
(b) If a person or witness takes an action described in subsection (a):
(1) the circuit or superior court of the county in which the hearing, inquiry, or investigation described in subsection (a) is held, if:
(A) demand is made; or
(B) upon written petition, the production is ordered to be made;
(2) the commissioner;
(3) before July 1, 2020, a hearing officer appointed by the commissioner; or
(4) after June 30, 2020, an administrative law judge assigned, after request by the commissioner, by the office of administrative law proceedings established by IC 4-15-10.5-7;
shall compel compliance with the lawful requirements of the subpoena, order, or demand, compel the production of the necessary or required books, papers, records, documents, and other evidence and information, and compel the witness to attend in an Indiana county and to testify to any matter about which the witness may lawfully be interrogated, and to take or subscribe to any oath required.
As added by P.L.175-2019, SEC.2. Amended by P.L.205-2019, SEC.26.
2023 Indiana Code › Title 23. Business and Other Associations › Article 2.5. Loan Brokers › Chapter 11. Violations and Civil Enforcement › 23-2.5-11-10. Action to Enforce Penalty

Sec. 10. The commissioner may bring an action in the circuit or superior court of Marion County to enforce payment of a penalty imposed under this article.
As added by P.L.175-2019, SEC.2.
2023 Indiana Code › Title 23. Business and Other Associations › Article 2.5. Loan Brokers › Chapter 11. Violations and Civil Enforcement › 23-2.5-11-11. Action to Enjoin; Other Relief

Sec. 11. (a) If the commissioner believes that a person has engaged, is engaging, or is about to engage in an act, practice, or course of business that:
(1) is; or
(2) materially aids;
a violation of this article or a rule adopted or an order issued under this article, the commissioner may maintain an action in the circuit or superior court in the county where the investigation or inquiry is being conducted to enjoin the act, practice, or course of business and to enforce compliance with this article or a rule adopted or an order issued under this article.
(b) In an action under this section and on a proper showing, the court may:
(1) issue a permanent or temporary injunction, restraining order, or declaratory judgment;
(2) order other appropriate or ancillary relief, including:
(A) an asset freeze, accounting, writ of attachment, writ of general or specific execution, and appointment of a receiver or conservator;
(B) ordering a receiver or conservator appointed under clause (A) to:
(i) take control of a respondent's property, including investment accounts and accounts in a depository institution, rents, and profits;
(ii) collect debts; and
(iii) acquire and dispose of property;
(C) imposing a civil penalty of not more than ten thousand dollars ($10,000) per violation and an order of rescission, restitution, or disgorgement directed to the person that has engaged in an act, practice, or course of business constituting a violation of this article or a rule adopted or an order issued under this article; and
(D) ordering the payment of prejudgment and postjudgment interest; or
(3) order other relief that the court considers appropriate.
(c) The commissioner may not be required to post a bond in an action or a proceeding under this article.
(d) Penalties collected under this section must be deposited in the securities division enforcement account established by IC 23-19-6-1(f).
As added by P.L.175-2019, SEC.2.
2023 Indiana Code › Title 23. Business and Other Associations › Article 2.5. Loan Brokers › Chapter 11. Violations and Civil Enforcement › 23-2.5-11-13. Admissibility of Copied Statements, Documents, and Records

Sec. 13. Copies of a statement or document filed with the commissioner, and copies of any records of the commissioner, certified to by the commissioner or a deputy are admissible in a prosecution, an action, a suit, or a proceeding based on, or arising out of or under, this article to the same extent that the original of the statement, document, or record would be admissible if produced.
As added by P.L.175-2019, SEC.2.
2023 Indiana Code › Title 23. Business and Other Associations › Article 2.5. Loan Brokers › Chapter 11. Violations and Civil Enforcement › 23-2.5-11-14. Court Compelled Obedience to Subpoena, Order, or Demand

Sec. 14. Upon:
(1) disobedience on the part of any person to a lawful:
(A) subpoena issued under this article; or
(B) order or demand requiring the production of books, accounts, papers, records, documents, or other evidence or information as provided in this article; or
(2) the refusal of a witness to:
(A) appear when subpoenaed to testify to a matter regarding which the witness may be lawfully interrogated; or
(B) take or subscribe to an oath required by this article;
it is the duty of the circuit or superior court of the county where the hearing, inquiry, or investigation in question is held, where demand is made, or where the production is ordered to be made, upon written petition of the commissioner, to compel obedience to the lawful requirements of the subpoena, order, or demand.
As added by P.L.175-2019, SEC.2.
2023 Indiana Code › Title 23. Business and Other Associations › Article 2.5. Loan Brokers › Chapter 11. Violations and Civil Enforcement › 23-2.5-11-15. Contempt of Court; Liability for Damages; Contract Void

Sec. 15. (a) If a person fails, refuses, or neglects to comply with a court order under this chapter, the person must be held in contempt of court.
(b) A person who violates this article or a rule adopted under this article, in connection with a contract for the activities of a loan broker, is liable to a person damaged by the violation for:
(1) the amount of the actual damages suffered;
(2) interest at the legal rate; and
(3) attorney's fees.
(c) If a person violates this article, or a rule adopted under this article, in connection with a contract for the activities of a loan broker, the contract is void, and the prospective borrower is entitled to receive from the loan broker all sums paid to the loan broker.
As added by P.L.175-2019, SEC.2.
2023 Indiana Code › Title 23. Business and Other Associations › Article 2.5. Loan Brokers › Chapter 11. Violations and Civil Enforcement › 23-2.5-11-16. Securities Division and Department of Financial Institutions; Cooperation

Sec. 16. In the securities division's investigative, examination, and regulatory activities related to licensees under this article, the securities division may cooperate with the Indiana department of financial institutions in the regulation of a licensee that conducts:
(1) business under this article; and
(2) business that requires licensure under IC 24-4.4.
As added by P.L.175-2019, SEC.2.
2023 Indiana Code › Title 23. Business and Other Associations › Article 2.5. Loan Brokers › Chapter 11. Violations and Civil Enforcement › 23-2.5-11-17. Violations; Felonies

Sec. 17. (a) Except as provided in subsection (b), a person who knowingly violates this article commits a Level 5 felony.
(b) A person who knowingly violates this article commits a Level 4 felony if the person damaged by the violation is at least sixty (60) years of age.
(c) A person commits a Level 5 felony if the person knowingly makes or causes to be made in:
(1) a document filed with or sent to the commissioner or the securities division; or
(2) a proceeding, an investigation, or an examination under this article;
a statement that is, at the time and in the light of the circumstances under which the statement is made, false or misleading in any material respect.
As added by P.L.175-2019, SEC.2.
2023 Indiana Code › Title 23. Business and Other Associations › Article 2.5. Loan Brokers › Chapter 12. Effect of Repeal of Ic 23-2-5 › 23-2.5-12-1. Effect of Repeal of Former Law

Sec. 1. The repeal of IC 23-2-5 does not affect any:
(1) rules adopted under IC 23-2-5-11;
(2) action taken under IC 23-2-5; or
(3) right, privilege, obligation, or liability acquired, accrued, or incurred under IC 23-2-5;
as in effect before their repeal.
As added by P.L.175-2019, SEC.2.
2023 Indiana Code › Title 23. Business and Other Associations › Article 2.5. Loan Brokers › Chapter 12. Effect of Repeal of Ic 23-2-5 › 23-2.5-12-2. Governance of Repealed Law

Sec. 2. IC 23-2-5, as in effect before its repeal, exclusively governs all actions and proceedings that:
(1) are pending on June 30, 2019; or
(2) may be instituted after June 30, 2019, on the basis of conduct occurring before July 1, 2019.
As added by P.L.175-2019, SEC.2.
2023 Indiana Code › Title 23. Business and Other Associations › Article 2.5. Loan Brokers › Chapter 12. Effect of Repeal of Ic 23-2-5 › 23-2.5-12-3. Effect of Repeal on License in Effect

Sec. 3. Unless a license issued under IC 23-2-5, before its repeal, is suspended or revoked before the date on which the license would have expired under IC 23-2-5, before its repeal, the license is valid until the date on which the license would have expired under IC 23-2-5, before its repeal.
As added by P.L.175-2019, SEC.2.
2023 Indiana Code › Title 23. Business and Other Associations › Article 2.5. Loan Brokers › Chapter 12. Effect of Repeal of Ic 23-2-5 › 23-2.5-12-4. Effect of Repeal on Certain Items in Effect

Sec. 4. (a) This section applies to the extent that:
(1) a statement of policy;
(2) an administrative order;
(3) a rule;
(4) an interpretive opinion;
(5) a declaratory ruling;
(6) a no-action determination;
(7) a condition; or
(8) another action of the commissioner under IC 23-2-5, before its repeal;
does not conflict with IC 23-2.5-1 through IC 23-2.5-11.
(b) An item described in subsection (a) that:
(1) under IC 23-2-5, before its repeal; and
(2) before July 1, 2019;
is placed on or affects a license issued under IC 23-2-5, before its repeal, remains in effect until the date on which the item described in subsection (a) is amended, revoked, or vacated by the commissioner.
As added by P.L.175-2019, SEC.2.
2023 Indiana Code › Title 23. Business and Other Associations › Article 4. Partnerships › Chapter 1. Uniform Partnership Act › 23-4-1-2. Definitions

Sec. 2. In this chapter:
"Court" includes every court and judge having jurisdiction in the case.
"Business" includes every trade, occupation, or profession.
"Person" includes individuals, partnerships, limited liability companies, corporations, and other associations.
"Bankrupt" includes bankrupt under federal bankruptcy laws or insolvent under any state insolvent statute.
"Conveyance" includes every assignment, lease, mortgage, or encumbrance.
"Foreign limited liability partnership" means a limited liability partnership formed under an agreement governed by the laws of a jurisdiction other than Indiana and registered under the laws of the jurisdiction.
"Limited liability partnership" means a partnership formed under an agreement governed by the laws of this state, registered under and complying with IC 23-0.5 and sections 45 through 46 of this chapter, and having a name that contains the words "Limited Liability Partnership" or the abbreviation "L.L.P." or "LLP" as the last words or letters of its name.
"Real property" includes land and any interest or estate in land.
Formerly: Acts 1949, c.114, s.2. As amended by P.L.34-1987, SEC.287; P.L.8-1993, SEC.317; P.L.230-1995, SEC.1; P.L.118-2017, SEC.33.
2023 Indiana Code › Title 23. Business and Other Associations › Article 4. Partnerships › Chapter 1. Uniform Partnership Act › 23-4-1-3. Interpretation of Knowledge and Notice

Sec. 3. (1) A person has "knowledge" of a fact within the meaning of this chapter not only when he has actual knowledge thereof, but also when he has knowledge of such other facts as in the circumstances shows bad faith.
(2) A person has "notice" of a fact within the meaning of this chapter when the person who claims the benefit of the notice:
(a) states the fact to such person; or
(b) delivers through the mail, or by other means of communication, a written statement of the fact to such person or to a proper person at his place of business or residence.
Formerly: Acts 1949, c.114, s.3. As amended by P.L.34-1987, SEC.288.
2023 Indiana Code › Title 23. Business and Other Associations › Article 4. Partnerships › Chapter 1. Uniform Partnership Act › 23-4-1-4. Rules of Construction

Sec. 4. The following rules of construction apply to this chapter:
(1) The rule that statutes in derogation of the common law are to be strictly construed shall have no application to this chapter.
(2) The law of estoppel shall apply under this chapter.
(3) The law of agency shall apply under this chapter.
(4) This chapter shall be so interpreted and construed as to effect its general purpose to make uniform the law of those states which enact it.
(5) This chapter shall not be construed so as to impair the obligations of any contract existing on January 1, 1950, nor to affect any action or proceedings begun or right accrued before January 1, 1950.
(6) All references to this chapter in the partnership agreement and other rules that govern the internal affairs of a partnership are considered references to IC 23-0.5 and IC 23-0.6 also.
Formerly: Acts 1949, c.114, s.4. As amended by P.L.34-1987, SEC.289; P.L.118-2017, SEC.34.
2023 Indiana Code › Title 23. Business and Other Associations › Article 4. Partnerships › Chapter 1. Uniform Partnership Act › 23-4-1-5. Rules for Cases Not Provided for in Chapter

Sec. 5. In any case not provided for in this chapter, the rules of law and equity, including the law merchant, shall govern.
Formerly: Acts 1949, c.114, s.5. As amended by P.L.34-1987, SEC.290.
2023 Indiana Code › Title 23. Business and Other Associations › Article 4. Partnerships › Chapter 1. Uniform Partnership Act › 23-4-1-6. Partnership Defined

Sec. 6. (1) A partnership is an association of two (2) or more persons to carry on as co-owners a business for profit and includes for all purposes of the laws of this state a limited liability partnership.
(2) An association formed under any other statute of this state, or any statute adopted by authority, other than the authority of this state, is not a partnership under this chapter, unless such association would have been a partnership in this state prior to January 1, 1950; but this chapter shall apply to limited partnerships except insofar as the statutes relating to such partnerships are inconsistent with this chapter.
Formerly: Acts 1949, c.114, s.6. As amended by P.L.34-1987, SEC.291; P.L.230-1995, SEC.2.
2023 Indiana Code › Title 23. Business and Other Associations › Article 4. Partnerships › Chapter 1. Uniform Partnership Act › 23-4-1-7. Rules for Determining Existence of Partnership

Sec. 7. In determining whether a partnership exists, these rules shall apply:
(1) Except as provided by section 16 of this chapter, persons who are not partners as to each other are not partners as to third persons.
(2) Joint tenancy, tenancy in common, tenancy by the entireties, joint property, common property, or part ownership does not of itself establish a partnership, whether such co-owners do or do not share any profits made by the use of the property.
(3) The sharing of gross returns does not of itself establish a partnership, whether or not the persons sharing them have a joint or common right or interest in any property from which the returns are derived.
(4) The receipt by a person of a share of the profits of a business is prima facie evidence that the person is a partner in the business, but no such inference shall be drawn if such profits were received in payment for the following:
(a) As a debt by installments or otherwise.
(b) As wages of an employee or rent to a landlord.
(c) As an annuity to a widow or representative of a deceased partner.
(d) As interest on a loan though the amount of payment varies with the profits of the business.
(e) As the consideration for the sale of a goodwill of a business or other property by installments or otherwise.
(5) The existence of a partnership is not affected by the following:
(a) The filing or failure or omission to file an original or renewal registration as a limited liability partnership under section 45 of this chapter.
(b) The expiration of a partnership's status as a limited liability partnership.
(c) The filing of a notice of withdrawal under section 45 of this chapter.
Formerly: Acts 1949, c.114, s.7. As amended by P.L.34-1987, SEC.292; P.L.230-1995, SEC.3; P.L.34-1997, SEC.7.
2023 Indiana Code › Title 23. Business and Other Associations › Article 4. Partnerships › Chapter 1. Uniform Partnership Act › 23-4-1-8. Partnership Property

Sec. 8. (1) All property originally brought into the partnership stock or subsequently acquired by purchase or otherwise, on account of the partnership, is partnership property.
(2) Unless the contrary intention appears, property acquired with partnership funds is partnership property.
(3) Any estate in real property may be acquired in the partnership name. Title so acquired can be conveyed only in the partnership name.
(4) A conveyance to a partnership in the partnership name, though without words of inheritance, passes the entire estate of the grantor unless a contrary intent appears.
Formerly: Acts 1949, c.114, s.8.
2023 Indiana Code › Title 23. Business and Other Associations › Article 4. Partnerships › Chapter 1. Uniform Partnership Act › 23-4-1-9. Partner as Agent

Sec. 9. (1) Every partner is an agent of the partnership for the purpose of its business, and the act of every partner, including the execution in the partnership name of any instrument, for apparently carrying on in the usual way the business of the partnership of which he is a member binds the partnership, unless the partner so acting has in fact no authority to act for the partnership in the particular matter, and the person with whom he is dealing has knowledge of the fact that he has no such authority.
(2) An act of a partner which is not apparently for the carrying on of the business of the partnership in the usual way does not bind the partnership unless authorized by the other partners.
(3) Unless authorized by the other partners or unless they have abandoned the business, one (1) or more but less than all the partners have no authority to:
(a) Assign the partnership property in trust for creditors or on the assignee's promise to pay the debts of the partnership,
(b) Dispose of the good will of the business,
(c) Do any other act which would make it impossible to carry on the ordinary business of a partnership,
(d) Confess a judgment,
(e) Submit a partnership claim or liability to arbitration or reference.
(4) No act of a partner in contravention of a restriction on authority shall bind the partnership to persons having knowledge of the restriction.
Formerly: Acts 1949, c.114, s.9.
2023 Indiana Code › Title 23. Business and Other Associations › Article 4. Partnerships › Chapter 1. Uniform Partnership Act › 23-4-1-10. Conveyance of Real Property of Partnership

Sec. 10. (1) Where title to real property is in the partnership name, any partner may convey title to such property by a conveyance executed in the partnership name; but the partnership may recover such property unless the partner's act binds the partnership under the provisions of section 9(1) of this chapter, or unless such property has been conveyed by the grantee or a person claiming through such grantee to a holder for value without knowledge that the partner, in making the conveyance, has exceeded his authority.
(2) Where title to real property is in the name of the partnership, a conveyance executed by a partner, in his own name, passes the equitable interest of the partnership, provided the act is one within the authority of the partner under the provisions of section 9(1) of this chapter.
(3) Where title to real property is in the name of one (1) or more but not all the partners, and the record does not disclose the right of the partnership, the partners in whose name the title stands may convey title to such property, but the partnership may recover such property if the partners' act does not bind the partnership under the provisions of section 9(1) of this chapter, unless the purchaser or his assignee, is a holder for value, without knowledge.
(4) Where the title to real property is in the name of one (1) or more or all the partners, or in a third person in trust for the partnership, a conveyance executed by a partner in the partnership name, or in his own name, passes the equitable interest of the partnership, provided the act is one within the authority of the partner under the provisions of section 9(1) of this chapter.
(5) Where the title to real property is in the names of all the partners, a conveyance executed by all the partners passes all their rights in such property.
Formerly: Acts 1949, c.114, s.10. As amended by P.L.34-1987, SEC.293.
2023 Indiana Code › Title 23. Business and Other Associations › Article 4. Partnerships › Chapter 1. Uniform Partnership Act › 23-4-1-11. Partnership Bound by Admission of Partner

Sec. 11. An admission or representation made by any partner concerning partnership affairs within the scope of his authority as conferred by this chapter is evidence against the partnership.
Formerly: Acts 1949, c.114, s.11. As amended by P.L.34-1987, SEC.294.
2023 Indiana Code › Title 23. Business and Other Associations › Article 4. Partnerships › Chapter 1. Uniform Partnership Act › 23-4-1-12. Partnership Charged With Knowledge of or Notice to Partner

Sec. 12. Notice to any partner of any matter relating to partnership affairs, and the knowledge of the partner acting in the particular matter, acquired while a partner or then present to his mind, and the knowledge of any other partner who reasonably could and should have communicated it to the acting partner, operate as notice or knowledge of the partnership, except in the case of a fraud on the partnership committed by or with the consent of that partner.
Formerly: Acts 1949, c.114, s.12.
2023 Indiana Code › Title 23. Business and Other Associations › Article 4. Partnerships › Chapter 1. Uniform Partnership Act › 23-4-1-13. Partnership Bound by Partner's Wrongful Act

Sec. 13. Where, by any wrongful act or omission of any partner acting in the ordinary course of the business of the partnership or with the authority of his copartners, loss or injury is caused to any person, not being a partner in the partnership, or any penalty is incurred, the partnership is liable therefor to the same extent as the partner so acting or omitting to act.
Formerly: Acts 1949, c.114, s.13.
2023 Indiana Code › Title 23. Business and Other Associations › Article 4. Partnerships › Chapter 1. Uniform Partnership Act › 23-4-1-14. Partnership Bound by Partner's Breach of Trust

Sec. 14. The partnership is bound to make good the loss:
(a) Where one partner acting within the scope of his apparent authority receives money or property of a third person and misapplies it; and
(b) Where the partnership in the course of its business receives money or property of a third person and the money or property so received is misapplied by any partner while it is in the custody of the partnership.
Formerly: Acts 1949, c.114, s.14.
2023 Indiana Code › Title 23. Business and Other Associations › Article 4. Partnerships › Chapter 1. Uniform Partnership Act › 23-4-1-15. Nature of Partner Liability; Partnerships; Limited Liability Partnerships

Sec. 15. (1) Except as provided in paragraph (2), all partners are liable:
(a) Jointly and severally for everything chargeable to the partnership under sections 13 and 14 of this chapter.
(b) Jointly for all other debts and obligations of the partnership; but any partner may enter into a separate obligation to perform a partnership contract.
(2) A partner of a limited liability partnership is not personally liable, directly or indirectly, including by way of indemnification, contribution, or otherwise, for:
(a) the debts, obligations, or liabilities of, or chargeable to, the limited liability partnership or other partner or partners, whether arising in tort, contract, or otherwise; or
(b) the acts or omissions of any other partner;
solely by reason of being a partner, acting or failing to act as a partner, or participating as an employee, a consultant, a contractor, or otherwise in the conduct of the business or activities of the limited liability partnership while the partnership is a limited liability partnership.
(3) A partner of a limited liability partnership may be personally liable for the partner's own acts or omissions.
(4) A limited liability partnership is liable out of partnership assets for partnership debts, obligations, and liabilities.
(5) A partner in a limited liability partnership is not a proper party to a proceeding by or against the limited liability partnership, the object of which is to recover any debts, obligations, or liabilities of, or chargeable to, the partnership, unless the partner is personally liable under paragraph (3).
(6) The laws of Indiana or another jurisdiction may not impose personal liability on a partner in a limited liability partnership. The only actions required of a limited liability partnership or of individual partners in such a partnership in order to avail themselves of the limited liability provisions of this chapter are those required by this chapter.
Formerly: Acts 1949, c.114, s.15. As amended by P.L.34-1987, SEC.295; P.L.230-1995, SEC.4.
2023 Indiana Code › Title 23. Business and Other Associations › Article 4. Partnerships › Chapter 1. Uniform Partnership Act › 23-4-1-16. Partner by Estoppel

Sec. 16. (1) When a person, by words spoken or written or by conduct, represents himself, or consents to another representing him or any one, as a partner in an existing partnership or with one (1) or more persons not actual partners, he is liable to any such person to whom such representation has been made, who has, on the faith of such representation, given credit to the actual or apparent partnership, and if he has made such representation or consented to its being made in a public manner he is liable to such person, whether the representation has or has not been made or communicated to such person so giving credit by or with the knowledge of the apparent partner making the representation or consenting to its being made.
(a) When a partnership liability results, he is liable as though he were an actual member of the partnership.
(b) When no partnership liability results, he is liable jointly with the other persons, if any, so consenting to the contract or representation as to incur liability, otherwise separately.
(2) When a person has been thus represented to be a partner in an existing partnership, or with one (1) or more persons not actual partners, he is an agent of the persons consenting to such representation to bind them to the same extent and in the same manner as though he were a partner in fact, with respect to persons who rely upon the representation. Where all the members of the existing partnership consent to the representation, a partnership act or obligation results; but in all other cases it is the joint act or obligation of the person acting and the persons consenting to the representation.
Formerly: Acts 1949, c.114, s.16.
2023 Indiana Code › Title 23. Business and Other Associations › Article 4. Partnerships › Chapter 1. Uniform Partnership Act › 23-4-1-17. Liability of Incoming Partner

Sec. 17. A person admitted as a partner into an existing partnership is liable for all the obligations of the partnership arising before his admission as though he had been a partner when such obligations were incurred, except that this liability shall be satisfied only out of partnership property.
Formerly: Acts 1949, c.114, s.17.
2023 Indiana Code › Title 23. Business and Other Associations › Article 4. Partnerships › Chapter 1. Uniform Partnership Act › 23-4-1-18. Rules Determining Rights and Duties of Partners

Sec. 18. The rights and duties of the partners in relation to the partnership shall be determined, subject to any agreement between them, by the following rules:
(a) Each partner shall be repaid his contributions, whether by way of capital or advances to the partnership property and share equally in the profits and surplus remaining after all liabilities, including those to partners, are satisfied; and except as provided in section 15(2) of this chapter, each partner must contribute toward the losses, whether of capital or otherwise, sustained by the partnership according to his share in the profits.
(b) The partnership must indemnify every partner in respect of payments made and personal liabilities reasonably incurred by him in the ordinary and proper conduct of its business, or for the preservation of its business or property.
(c) A partner, who in aid of the partnership makes any payment or advance beyond the amount of capital which he agreed to contribute, shall be paid interest from the date of the payment or advance.
(d) A partner shall receive interest on the capital contributed by him only from the date when repayment should be made.
(e) All partners have equal rights in the management and conduct of the partnership business.
(f) No partner is entitled to remuneration for acting in the partnership business, except that a surviving partner is entitled to reasonable compensation for his services in winding up the partnership affairs.
(g) No person can become a member of a partnership without the consent of all the partners.
(h) Any difference arising as to ordinary matters connected with the partnership business may be decided by a majority of the partners; but no act in contravention of any agreement between the partners may be done rightfully without the consent of all the partners.
Formerly: Acts 1949, c.114, s.18. As amended by P.L.230-1995, SEC.5.
2023 Indiana Code › Title 23. Business and Other Associations › Article 4. Partnerships › Chapter 1. Uniform Partnership Act › 23-4-1-19. Partnership Books

Sec. 19. The partnership books shall be kept, subject to any agreement between the partners, at the principal place of business of the partnership, and every partner shall at all times have access to and may inspect and copy any of them.
Formerly: Acts 1949, c.114, s.19.
2023 Indiana Code › Title 23. Business and Other Associations › Article 4. Partnerships › Chapter 1. Uniform Partnership Act › 23-4-1-20. Duty of Partners to Render Information

Sec. 20. Partners shall render on demand true and full information of all things affecting the partnership to any partner or the legal representative of any deceased partner or partner under legal disability.
Formerly: Acts 1949, c.114, s.20.
2023 Indiana Code › Title 23. Business and Other Associations › Article 4. Partnerships › Chapter 1. Uniform Partnership Act › 23-4-1-21. Partner Accountable as Fiduciary

Sec. 21. (1) Every partner must account to the partnership for any benefit, and hold as trustee for it any profits derived by him without the consent of the other partners from any transaction connected with the formation, conduct, or liquidation of the partnership or from any use by him of its property.
(2) This section applies also to the representatives of a deceased partner engaged in the liquidation of the affairs of the partnership as the personal representatives of the last surviving partner.
Formerly: Acts 1949, c.114, s.21.
2023 Indiana Code › Title 23. Business and Other Associations › Article 4. Partnerships › Chapter 1. Uniform Partnership Act › 23-4-1-22. Right to Account

Sec. 22. Any partner shall have the right to a formal account as to partnership affairs:
(a) If he is wrongfully excluded from the partnership business or possession of its property by his copartners.
(b) If the right exists under the terms of any agreement.
(c) As provided by section 21 of this chapter.
(d) Whenever other circumstances render it just and reasonable.
Formerly: Acts 1949, c.114, s.22. As amended by P.L.34-1987, SEC.296.
2023 Indiana Code › Title 23. Business and Other Associations › Article 4. Partnerships › Chapter 1. Uniform Partnership Act › 23-4-1-23. Continuation of Partnership Beyond Fixed Term

Sec. 23. (1) When a partnership for a fixed term or particular undertaking is continued after the termination of such term or particular undertaking without any express agreement, the rights and duties of the partners remain the same as they were at such termination, so far as is consistent with a partnership at will.
(2) A continuation of the business by the partners or such of them as habitually acted therein during the term, without any settlement or liquidation of the partnership affairs, is prima facie evidence of a continuation of the partnership.
Formerly: Acts 1949, c.114, s.23.
2023 Indiana Code › Title 23. Business and Other Associations › Article 4. Partnerships › Chapter 1. Uniform Partnership Act › 23-4-1-24. Extent of Property Rights of Partner

Sec. 24. The property rights of a partner are (1) his rights in specific partnership property, (2) his interest in the partnership, and (3) his right to participate in the management.
Formerly: Acts 1949, c.114, s.24.
2023 Indiana Code › Title 23. Business and Other Associations › Article 4. Partnerships › Chapter 1. Uniform Partnership Act › 23-4-1-25. Nature of Partner's Right in Specific Partnership Property

Sec. 25. (1) A partner is co-owner with his partners of specific partnership property holding as a tenant in partnership.
(2) The incidents of this tenancy are such that:
(a) A partner, subject to the provisions of this chapter and to any agreement between the partners, has an equal right with his partners to possess specific partnership property for partnership purposes; but he has no right to possess such property for any other purpose without the consent of his partners.
(b) A partner's right in specific partnership property is not assignable except in connection with the assignment of rights of all the partners in the same property.
(c) A partner's right in specific partnership property is not subject to attachment or execution, except on a claim against the partnership. When partnership property is attached for a partnership debt, the partners, or any of them, or the representatives of a deceased partner, cannot claim any right under the homestead or exemption laws.
(d) On the death of a partner, his right in specific partnership property vests in the surviving partner or partners, except where the deceased was the last surviving partner, when his right in such property vests in his legal representative. Such surviving partner or partners, or the legal representative of the last surviving partner, has no right to possess the partnership property for any but a partnership purpose.
(e) A partner's right in specific partnership property is not subject to allowances to surviving spouses, heirs, or next of kin.
Formerly: Acts 1949, c.114, s.25. As amended by P.L.34-1987, SEC.297.
2023 Indiana Code › Title 23. Business and Other Associations › Article 4. Partnerships › Chapter 1. Uniform Partnership Act › 23-4-1-27. Assignment of Partner's Interest

Sec. 27. (1) A conveyance by a partner of his interest in the partnership does not of itself dissolve the partnership, nor, as against the other partners in the absence of agreement, entitle the assignee, during the continuance of the partnership, to interfere in the management or administration of the partnership business or affairs, or to require any information or account of partnership transactions, or to inspect the partnership books; but it merely entitles the assignee to receive in accordance with his contract the profits to which the assigning partner would otherwise be entitled.
(2) In case of a dissolution of the partnership, the assignee is entitled to receive his assignor's interest and may require an account from the date only of the last account agreed to by all the partners.
Formerly: Acts 1949, c.114, s.27.
2023 Indiana Code › Title 23. Business and Other Associations › Article 4. Partnerships › Chapter 1. Uniform Partnership Act › 23-4-1-28. Partner's Interest Subject to Charging Order

Sec. 28. (1) On due application to a competent court by any judgment creditor of a partner, the court which entered the judgment, order, or decree, or any other court, may charge the interest of the debtor partner with payment of the unsatisfied amount of such judgment debt with interest thereon; and may then or later appoint a receiver of his share of the profits, and of any other money due or to fall due to him in respect of the partnership, and make all other orders, directions, accounts, and inquiries which the debtor partner might have made, or which the circumstances of the case may require.
(2) The interest charge may be redeemed at any time before foreclosure, or in case of a sale being directed by the court may be purchased without thereby causing a dissolution:
(a) with separate property, by any one (1) or more of the partners; or
(b) with partnership property, by any one (1) or more of the partners with the consent of all the partners whose interests are not so charged or sold.
(3) Nothing in this chapter shall be held to deprive a partner of his right, if any, under the exemption laws, as regards his interest in the partnership.
Formerly: Acts 1949, c.114, s.28. As amended by P.L.34-1987, SEC.298.
2023 Indiana Code › Title 23. Business and Other Associations › Article 4. Partnerships › Chapter 1. Uniform Partnership Act › 23-4-1-29. Dissolution Defined

Sec. 29. The dissolution of a partnership is the change in the relation of the partners caused by any partner ceasing to be associated in the carrying on as distinguished from the winding up of the business.
Formerly: Acts 1949, c.114, s.29.
2023 Indiana Code › Title 23. Business and Other Associations › Article 4. Partnerships › Chapter 1. Uniform Partnership Act › 23-4-1-31. Causes of Dissolution

Sec. 31. Dissolution is caused:
(1) Without violation of the agreement between the partners:
(a) By the termination of the definite term or particular undertaking specified in the agreement.
(b) By the express will of any partner when no definite term or particular undertaking is specified.
(c) By the express will of all the partners who have not assigned their interests or suffered them to be charged for their separate debts, either before or after the termination of any specified term or particular undertaking.
(d) By the expulsion of any partner from the business bona fide in accordance with such a power conferred by the agreement between the partners.
(2) In contravention of the agreement between the partners, where the circumstances do not permit a dissolution under any other provision of this section, by the express will of any partner at any time.
(3) By any event which makes it unlawful for the business of the partnership to be carried on or for the members to carry it on in partnership.
(4) By the death of any partner.
(5) By the bankruptcy of any partner or the partnership.
(6) By decree of court under section 32 of this chapter.
Formerly: Acts 1949, c.114, s.31. As amended by P.L.34-1987, SEC.299.
2023 Indiana Code › Title 23. Business and Other Associations › Article 4. Partnerships › Chapter 1. Uniform Partnership Act › 23-4-1-32. Dissolution by Decree of Court

Sec. 32. (1) On application by or for a partner, the court shall decree a dissolution whenever:
(a) A partner has been declared mentally incompetent in any judicial proceeding.
(b) A partner becomes in any other way incapable of performing the partner's part of the partnership contract.
(c) A partner has been guilty of conduct that tends to affect prejudicially the carrying on of the business.
(d) A partner willfully or persistently commits a breach of the partnership agreement, or otherwise acts in matters relating to the partnership business so that it is not reasonably practicable to carry on the business in partnership with that partner.
(e) The business of the partnership can only be carried on at a loss.
(f) Other circumstances render a dissolution equitable.
(2) On the application of the purchaser of a partner's interest under sections 27 or 28 of this chapter:
(a) After the termination of the specified term or particular undertaking.
(b) At any time if the partnership was a partnership at will when the interest was assigned or when the charging order was issued.
Formerly: Acts 1949, c.114, s.32. As amended by P.L.34-1987, SEC.300; P.L.33-1989, SEC.21.
2023 Indiana Code › Title 23. Business and Other Associations › Article 4. Partnerships › Chapter 1. Uniform Partnership Act › 23-4-1-33. General Effect of Dissolution on Authority of Partner

Sec. 33. Except so far as may be necessary to wind up partnership affairs or to complete transactions begun but not then finished, dissolution terminates all authority of any partner to act for the partnership:
(1) With respect to the partners:
(a) When the dissolution is not by the act, bankruptcy, or death of a partner; or
(b) When the dissolution is by such act, bankruptcy, or death of a partner, in cases where section 34 of this chapter so requires.
(2) With respect to persons not partners, as declared in section 35 of this chapter.
Formerly: Acts 1949, c.114, s.33. As amended by P.L.34-1987, SEC.301.
2023 Indiana Code › Title 23. Business and Other Associations › Article 4. Partnerships › Chapter 1. Uniform Partnership Act › 23-4-1-34. Right of Partner to Contribution From Copartners After Dissolution

Sec. 34. Where the dissolution is caused by the act, death or bankruptcy of a partner, each partner is liable to his copartners for his share of any liability created by any partner acting for the partnership as if the partnership had not been dissolved except in the case of one (1) of the following:
(a) The dissolution being by act of any partner, the partner acting for the partnership had knowledge of the dissolution.
(b) The dissolution being by the death or bankruptcy of a partner, the partner acting for the partnership had knowledge or notice of the death or bankruptcy.
(c) The liability is for a debt, an obligation, or a liability for which the partner is not liable as provided in section 15(2) of this chapter.
Formerly: Acts 1949, c.114, s.34. As amended by P.L.230-1995, SEC.6.
2023 Indiana Code › Title 23. Business and Other Associations › Article 4. Partnerships › Chapter 1. Uniform Partnership Act › 23-4-1-35. Power of Partner to Bind Partnership to Third Person After Dissolution

Sec. 35. (1) After dissolution a partner can bind the partnership except as provided in paragraph (3):
(a) By any act appropriate for winding up partnership affairs or completing transactions unfinished at dissolution.
(b) By any transaction which would bind the partnership if dissolution had not taken place, provided the other party to the transaction:
(I) had extended credit to the partnership prior to dissolution and had no knowledge or notice of the dissolution; or
(II) though he had not so extended credit, had nevertheless known of the partnership prior to dissolution, and, having no knowledge or notice of dissolution, the fact of dissolution had not been advertised in a newspaper of general circulation in the place (or in each place if more than one) at which the partnership business was regularly carried on.
(2) The liability of a partner under paragraph (1)(b) shall be satisfied out of partnership assets alone when such partner had been prior to dissolution:
(a) unknown as a partner to the person with whom the contract is made; and
(b) so far unknown and inactive in partnership affairs that the business reputation of the partnership could not be said to have been in any degree due to his connection with it.
(3) The partnership is in no case bound by any act of a partner after dissolution:
(a) where the partnership is dissolved because it is unlawful to carry on the business, unless the act is appropriate for winding up partnership affairs; or
(b) where the partner has become bankrupt; or
(c) where the partner has no authority to wind up partnership affairs; except by a transaction with one who:
(I) had an extended credit to the partnership prior to dissolution and had no knowledge or notice of his want of authority; or
(II) had not extended credit to the partnership prior to dissolution, and, having no knowledge or notice of his want of authority, the fact of his want of authority has not been advertised in the manner provided for advertising the fact of dissolution in paragraph (1)(b)(II).
(4) Nothing in this section shall affect the liability under section 16 of this chapter of any person who after dissolution represents himself or consents to another representing him as a partner in a partnership engaged in carrying on business.
Formerly: Acts 1949, c.114, s.35. As amended by P.L.34-1987, SEC.302.