reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 17. Telephones─rural Telephone Cooperative Act › 8-1-17-11. General Cooperative Corporation and Local Cooperative Corporation Distinguished

Sec. 11. Any cooperative corporation to be formed under this chapter shall be either a general cooperative corporation or a local cooperative corporation.
(a) A general cooperative corporation is one formed under this chapter for the purpose of furnishing engineering, financial accounting, or educational services to its members or to persons expecting to form a local cooperative corporation, and having for its members only its incorporators or local cooperative corporations. It shall not render communications service and the commission shall not allocate to it any territory for such purpose.
(b) A general cooperative corporation may be formed to have as members, and serve, local cooperative corporations in all, or certain named, counties of this state, not including any county previously named as part of the territory to be served by another general cooperative corporation then organized and existing, unless such other general cooperative corporation duly consents in writing, filed with the commission, to such inclusion.
(c) A general cooperative corporation, before obtaining the approval of its articles of incorporation, must prove to the commission that it has written consent to its incorporation signed by or on behalf of:
(1) the local cooperative corporations then existing and contemplated to be members of the general cooperative corporation; and
(2) the incorporated agricultural association or associations, including in its or their members at least one-third (1/3) of the members residing in the territory in which the general cooperative proposes to operate and reasonably anticipated to become members of local cooperative corporations which will become members of such general cooperative corporation.
Such signatures of said local cooperative corporations and of such agricultural associations shall be made by their respective presidents or vice presidents, and secretaries or assistant secretaries, and shall be supported by certified copies of resolutions authorizing the same and duly adopted by their boards of directors, respectively.
Formerly: Acts 1951, c.193, s.11. As amended by P.L.59-1984, SEC.77; P.L.97-1993, SEC.6; P.L.136-2018, SEC.74; P.L.81-2020, SEC.10.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 17. Telephones─rural Telephone Cooperative Act › 8-1-17-12. General Grant of Powers to Corporation

Sec. 12. Each cooperative corporation is vested with all powers necessary or requisite for the accomplishment of its corporate purpose and capable of being delegated by the general assembly of the state of Indiana; and no enumeration of particular powers granted by this chapter shall be construed to impair any general grant of power contained in this chapter, nor to limit any such grant to a power or powers of the same class or classes as those so enumerated.
Formerly: Acts 1951, c.193, s.12. As amended by P.L.49-2018, SEC.5; P.L.136-2018, SEC.75.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 17. Telephones─rural Telephone Cooperative Act › 8-1-17-14. Sale, Encumbrance, or Other Disposition of Property

Sec. 14. A local cooperative corporation may not sell, lease, exchange, mortgage, pledge, or otherwise sell all, or substantially all, of its property unless the transaction is authorized by a resolution duly adopted at a meeting of the corporation's members duly called and held as provided in section 9 of this chapter. The resolution must receive the affirmative vote of at least three-fourths (3/4) of the total number of the corporation's members who either:
(1) are present in person and voting at the meeting; or
(2) as authorized under section 9(g) of this chapter, cast a vote before the date of the meeting;
and the affirmative vote of at least three-fourths (3/4) of the corporation's directors who are present at a meeting of the board of directors duly called and held as provided in the corporation's bylaws.
Formerly: Acts 1951, c.193, s.14. As amended by P.L.59-1984, SEC.78; P.L.27-2006, SEC.44; P.L.49-2018, SEC.6.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 17. Telephones─rural Telephone Cooperative Act › 8-1-17-15. Obligations; Authority for Issuance

Sec. 15. (a) A cooperative corporation shall have power and is hereby authorized, from time to time, to issue its obligations for any corporate purpose. The obligations may be authorized by resolution or resolutions of the board, and may bear such date or dates, mature at such time or times, not exceeding forty (40) years from their respective dates, bear interest at any rate, payable semi-annually, be in such denominations, be in such form, either coupon or registered, carry such registration privileges, be executed in such manner, be payable in such medium of payment, at such place or places, and be subject to such terms of redemption, not exceeding the principal amount of the obligations plus accrued interest, as the board's resolution or resolutions may provide.
(b) The obligations may be sold in such manner and upon such terms as the board may determine at not less than the principal amount of the obligations plus accrued interest.
(c) Any provision of law to the contrary notwithstanding, any obligations and related interest coupons, if any, issued pursuant to this act shall possess all the qualities of negotiable instruments. The commission's approval shall not be required for the issuance by a cooperative corporation of its bonds, notes, or other evidences of indebtedness.
Formerly: Acts 1951, c.193, s.15. As amended by Acts 1981, P.L.11, SEC.46; P.L.27-2006, SEC.45.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 17. Telephones─rural Telephone Cooperative Act › 8-1-17-16. Obligations; Covenants and Agreements to Secure

Sec. 16. In connection with the issuance of any obligations, a cooperative corporation may make such covenants or agreements and do any and all such acts and things as may be necessary, convenient or desirable in order to secure its obligations or which, in the absolute discretion of the board, tend to make the obligations more marketable, notwithstanding that such covenants, agreements, acts and things may constitute a limitation on the exercise of the powers granted under this chapter.
Formerly: Acts 1951, c.193, s.16. As amended by P.L.136-2018, SEC.76.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 17. Telephones─rural Telephone Cooperative Act › 8-1-17-17. Purchase of Own Obligations

Sec. 17. A cooperative corporation shall have power out of any funds available therefor to purchase any obligations issued by it at a price not exceeding the principal amount thereof and accrued interest thereon. All obligations so purchased shall be canceled.
Formerly: Acts 1951, c.193, s.17.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 17. Telephones─rural Telephone Cooperative Act › 8-1-17-18. Repealed

Formerly: Acts 1951, c.193, s.18. As amended by P.L.59-1984, SEC.79; P.L.2-2006, SEC.46; P.L.1-2007, SEC.73. Repealed by P.L.3-2008, SEC.269.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 17. Telephones─rural Telephone Cooperative Act › 8-1-17-18.2. Consolidation of Corporations

Sec. 18.2. (a) Any two (2) or more cooperative corporations created under this chapter and operating or authorized to operate in contiguous territory may enter into an agreement for the consolidation of the cooperative corporations, which agreement shall be submitted for the review of the commission in the manner provided for in section 5 of this chapter. The agreement must set forth the terms and conditions of the consolidation, the name of the proposed consolidated cooperative corporation, the number of its directors, not less than three (3), the time of the annual election, and the names of the persons, not less than three (3), to be directors until the first annual meeting. Each cooperative corporation participating in the consolidation shall call and hold a meeting of its members as provided in section 9 of this chapter, at which the proposal of the consolidation shall be presented. If at each meeting the consolidation agreement is approved by a resolution duly adopted and receiving the affirmative vote of at least three-fourths (3/4) of the total number of members who either attend and vote at the meeting or, as authorized under section 9(g) of this chapter, cast a vote before the date of the meeting, the directors named in the agreement shall subscribe and acknowledge articles conforming substantially to the original articles of incorporation. The new articles shall be entitled and endorsed "Articles of Consolidation of __________" (the blank space being filled in with the names of the cooperative corporations being consolidated) and must state:
(1) the names of the cooperative corporations being consolidated;
(2) the name of the consolidated cooperative corporation;
(3) a statement that each consolidating cooperative corporation agrees to the consolidation;
(4) the names and addresses of the directors of the new cooperative corporation; and
(5) the terms and conditions of the consolidation and the mode of carrying the consolidation into effect, including the manner in which members of the consolidating cooperative corporations may or shall become members of the new cooperative corporation.
The new articles of incorporation may contain any provisions not inconsistent with this chapter that are necessary or advisable for the conduct of the business of the new cooperative corporation.
(b) If the commission approves the articles of consolidation under section 5 of this chapter, the articles of consolidation or a certified copy or copies of the articles shall be filed, together with the attached copy of the order of the commission under section 5(e)(2) of this chapter, in the same place as the original articles of incorporation. Upon the filings required under section 5(g) of this chapter, the proposed consolidated cooperative corporation, under its designated name, is a body corporate with all the powers of a cooperative corporation as originally formed under this chapter.
As added by P.L.3-2008, SEC.72. Amended by P.L.49-2018, SEC.7.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 17. Telephones─rural Telephone Cooperative Act › 8-1-17-19. Consolidation of Corporations; Transfer of Assets, Franchises, and Obligations

Sec. 19. (a) In case of a consolidation, the existence of the consolidating cooperative corporations shall cease and the articles of consolidation are considered the articles of incorporation of the new cooperative corporation.
(b) All rights, privileges, immunities, and franchises and all property, real and personal, including without limitation applications for membership, all debts due on whatever account and all other choses in action, of each of the consolidating cooperative corporations are transferred to and vested in the new cooperative corporation without further act or deed.
(c) The new cooperative corporation shall be responsible and liable for all the liabilities and obligations of each of the consolidating cooperative corporations. Any claim existing or action or proceeding pending by or against any of the consolidating cooperative corporations may be prosecuted as if the consolidation had not taken place but the new cooperative corporation may be instituted in its place.
(d) The new cooperative corporation may operate in all the areas in which the consolidating cooperative corporations were authorized to operate. Before the new corporation may operate in any other area, it shall submit to the commission:
(1) an application for a new certificate of territorial authority under IC 8-1-32.5; or
(2) a notice of change under IC 8-1-32.5-12(7), as allowed by the commission.
(e) The rights of creditors and any liens upon the property of any consolidating cooperative corporations shall not be impaired by the consolidation.
Formerly: Acts 1951, c.193, s.19. As amended by P.L.59-1984, SEC.80; P.L.97-1993, SEC.8; P.L.27-2006, SEC.47.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 17. Telephones─rural Telephone Cooperative Act › 8-1-17-21. Repealed

Formerly: Acts 1951, c.193, s.21; Acts 1955, c.89, s.1. As amended by P.L.59-1984, SEC.81; P.L.97-1993, SEC.10. Repealed by P.L.27-2006, SEC.62.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 17. Telephones─rural Telephone Cooperative Act › 8-1-17-22. Repealed

Formerly: Acts 1951, c.193, s.22. As amended by P.L.59-1984, SEC.82; P.L.97-1993, SEC.11. Repealed by P.L.27-2006, SEC.62.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 17. Telephones─rural Telephone Cooperative Act › 8-1-17-22.5. Repealed

As added by P.L.103-1983, SEC.4. Amended by P.L.122-1987, SEC.2; P.L.78-1997, SEC.3. Repealed by P.L.27-2006, SEC.62.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 17. Telephones─rural Telephone Cooperative Act › 8-1-17-24. Principal Office; Change of Location

Sec. 24. A cooperative corporation formed under this chapter may change the location of its principal office by filing in the office of the secretary of state a certificate reciting the change of principal office and setting forth the resolution by its board of directors authorizing the change and stating the time and place of its adoption. The certificate shall be executed and acknowledged by the appropriate officers of the cooperative corporation with the corporate seal attached and attested by the appropriate officer of the cooperative corporation. The cooperative corporation shall also notify the commission of the change as required under IC 8-1-32.5-12(3).
Formerly: Acts 1951, c.193, s.25. As amended by P.L.145-1999, SEC.5 and P.L.198-1999, SEC.7; P.L.27-2006, SEC.50.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 17. Telephones─rural Telephone Cooperative Act › 8-1-17-27. General Nonprofit Corporation Act; Application to Chapter

Sec. 27. The provisions of IC 23-17 and all rights and powers under IC 23-17 shall apply to cooperative corporations organized under this chapter, except where such provisions are in conflict or inconsistent with the express provisions of this chapter.
Formerly: Acts 1951, c.193, s.28. As amended by P.L.59-1984, SEC.86; P.L.179-1991, SEC.14.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 17. Telephones─rural Telephone Cooperative Act › 8-1-17-28. Construction of Chapter

Sec. 28. This chapter is to be liberally construed, and the enumeration of any object, purpose, power, manner, method, or thing shall not be deemed to exclude like or similar objects, purposes, powers, manners, methods, or things.
Formerly: Acts 1951, c.193, s.29. As amended by P.L.59-1984, SEC.87.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 17. Telephones─rural Telephone Cooperative Act › 8-1-17-29. Members Not Liable for Corporate Debts or Liabilities

Sec. 29. No member of any cooperative corporation shall be liable or responsible for its debts or liabilities.
Formerly: Acts 1951, c.193, s.31.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 17.5. Merger or Consolidation of Rural Electric Membership Corporations and Telephone Cooperative Corporations › 8-1-17.5-1. "Commission"

Sec. 1. As used in this chapter, "commission" refers to the Indiana utility regulatory commission created by IC 8-1-1-2.
As added by P.L.18-2010, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 17.5. Merger or Consolidation of Rural Electric Membership Corporations and Telephone Cooperative Corporations › 8-1-17.5-2. "Communications Service"

Sec. 2. As used in this chapter, "communications service" has the meaning set forth in IC 8-1-32.5-3.
As added by P.L.18-2010, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 17.5. Merger or Consolidation of Rural Electric Membership Corporations and Telephone Cooperative Corporations › 8-1-17.5-3. "Patronage Capital"

Sec. 3. As used in this chapter, "patronage capital" means revenues and receipts returned to members under section 24(d) of this chapter.
As added by P.L.18-2010, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 17.5. Merger or Consolidation of Rural Electric Membership Corporations and Telephone Cooperative Corporations › 8-1-17.5-4. "Retail Electric Service"

Sec. 4. As used in this chapter, "retail electric service" has the meaning set forth in IC 8-1-2.3-2(c).
As added by P.L.18-2010, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 17.5. Merger or Consolidation of Rural Electric Membership Corporations and Telephone Cooperative Corporations › 8-1-17.5-5. "Successor Corporation"

Sec. 5. As used in this chapter, "successor corporation" means a corporation that is formed from a consolidation of two (2) or more corporations under this chapter.
As added by P.L.18-2010, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 17.5. Merger or Consolidation of Rural Electric Membership Corporations and Telephone Cooperative Corporations › 8-1-17.5-6. "Surviving Corporation"

Sec. 6. As used in this chapter, "surviving corporation" means the corporation that remains after a merger of two (2) or more corporations under this chapter.
As added by P.L.18-2010, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 17.5. Merger or Consolidation of Rural Electric Membership Corporations and Telephone Cooperative Corporations › 8-1-17.5-7. Authority to Merge or Consolidate; Status of Surviving or Successor Corporation

Sec. 7. (a) A corporation organized under IC 8-1-13 may merge or consolidate with:
(1) one (1) or more cooperative corporations organized under IC 8-1-17; or
(2) one (1) or more corporations formed under this chapter;
if a plan of merger or consolidation that complies with section 8 of this chapter is approved under section 9 of this chapter.
(b) A cooperative corporation organized under IC 8-1-17 may merge or consolidate with:
(1) one (1) or more corporations organized under IC 8-1-13; or
(2) one (1) or more corporations formed under this chapter;
if a plan of merger or consolidation that complies with section 8 of this chapter is approved under section 9 of this chapter.
(c) A surviving corporation or successor corporation formed under this chapter:
(1) has all the rights, powers, privileges, immunities, and exemptions of:
(A) a local district corporation organized under IC 8-1-13; and
(B) a local cooperative corporation organized under IC 8-1-17; and
(2) is considered to be both:
(A) a local district corporation, within the meaning of that term as used in IC 8-1-13; and
(B) a local cooperative corporation, within the meaning of that term as used in IC 8-1-17.
As added by P.L.18-2010, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 17.5. Merger or Consolidation of Rural Electric Membership Corporations and Telephone Cooperative Corporations › 8-1-17.5-8. Plan of Merger or Consolidation; Contents

Sec. 8. A plan of merger or consolidation must include the following:
(1) The name of each merging or consolidating corporation.
(2) The name of the surviving corporation or successor corporation.
(3) The terms and conditions of the merger or consolidation and the mode of carrying the merger or consolidation into effect, including the manner in which members of the merging or consolidating corporations may or shall become members of the surviving corporation or successor corporation.
(4) A plan for the retirement of patronage capital accrued by members of the merging or consolidating corporations.
(5) The proposed articles of merger or consolidation or a comprehensive summary of the proposed articles of merger or consolidation.
(6) The effective date of the merger or consolidation.
(7) The number of, and length of terms for, directors of the surviving corporation or successor corporation and, if there will be voting districts in the service areas of the surviving corporation or successor corporation, a description of the districts and the number of directors to represent each district.
(8) The names and addresses of the directors of the surviving corporation or successor corporation.
(9) Any other provision concerning the planned merger or consolidation considered necessary or appropriate by the boards of directors of the merging or consolidating corporations.
As added by P.L.18-2010, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 17.5. Merger or Consolidation of Rural Electric Membership Corporations and Telephone Cooperative Corporations › 8-1-17.5-9. Approval of Plan by Members; Notice of Meeting

Sec. 9. The board of directors of each corporation that seeks to merge or consolidate with another corporation, as authorized by section 7 of this chapter, must obtain from the corporation's own membership approval of a plan of merger or consolidation that complies with section 8 of this chapter. A corporation that seeks approval from its membership under this section shall give notice to the corporation's members of the place, date, and time of a meeting at which the members may vote on the plan of merger or consolidation. The notice required by this section:
(1) must be given:
(A) not less than ten (10) days before the date of the meeting, if the notice is given by first class or registered mail; or
(B) not less than thirty (30) days or more than sixty (60) days before the date of the meeting, if the notice is given by a method other than that described in clause (A);
(2) must state that a purpose of the meeting is to consider a plan of merger or consolidation; and
(3) must include or be accompanied by a copy or summary of the plan of merger or consolidation prepared in compliance with section 8 of this chapter, including a copy or summary of the proposed articles of merger or consolidation, as required by section 8(5) of this chapter.
As added by P.L.18-2010, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 17.5. Merger or Consolidation of Rural Electric Membership Corporations and Telephone Cooperative Corporations › 8-1-17.5-11. Legal Status of Merging or Consolidating Corporations; Property; Liabilities and Obligations; Pending Proceedings; Terms Not Included in Articles

Sec. 11. After a merger or consolidation takes effect under section 10(d) of this chapter, the following apply:
(1) If two (2) or more corporations merge into a surviving corporation, the separate existence of each merging corporation ceases upon the effective date of the merger and only the surviving corporation exists.
(2) If a consolidation of two (2) or more corporations occurs, the separate existence of each consolidating corporation ceases upon the effective date of the consolidation and only the successor corporation exists.
(3) The title to real property and other property owned by each merging or consolidating corporation is vested in the surviving corporation or successor corporation without reversion or impairment, subject to any conditions or liens to which the property was subject before the merger or consolidation.
(4) The surviving corporation or successor corporation assumes all liabilities and obligations of each merging or consolidating corporation.
(5) A proceeding that:
(A) is initiated against a merging or consolidating corporation before the merger or consolidation becomes effective under section 10(d) of this chapter; and
(B) has not been resolved at the time the merger or consolidation becomes effective under section 10(d) of this chapter;
may be continued as if the merger or consolidation did not occur, or the surviving corporation or successor corporation may be substituted in the proceeding for the corporation whose existence ceases under subdivision (1) or (2) at the time the merger becomes effective under section 10(d) of this chapter.
(6) Any terms of the plan of merger or consolidation that are not included in the articles of merger or consolidation filed with the secretary of state under section 10 of this chapter are considered contract rights only and are not considered part of the governing document of the surviving corporation or successor corporation.
As added by P.L.18-2010, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 17.5. Merger or Consolidation of Rural Electric Membership Corporations and Telephone Cooperative Corporations › 8-1-17.5-13. Powers of Board

Sec. 13. The board of directors of the surviving corporation or successor corporation has the power to do all things necessary or convenient to conduct the business of the surviving corporation or successor corporation, including the following:
(1) The power to make, alter, amend, or repeal bylaws that:
(A) concern the regulation and management of the affairs of the surviving corporation or successor corporation; and
(B) are not inconsistent with any applicable law or with the articles of incorporation.
(2) The power to appoint agents and employees and to fix their compensation and the compensation of the officers of the surviving corporation or successor corporation.
(3) The power to execute instruments.
(4) The power to delegate to one (1) or more:
(A) directors;
(B) agents; or
(C) employees;
of the surviving corporation or successor corporation the powers and duties the board considers appropriate.
(5) The power to make the board's own rules and regulations concerning the board's procedures.
As added by P.L.18-2010, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 17.5. Merger or Consolidation of Rural Electric Membership Corporations and Telephone Cooperative Corporations › 8-1-17.5-15. Requirements for Membership

Sec. 15. A person may not become or remain a member of a surviving corporation or successor corporation formed under this chapter unless the person:
(1) uses energy, communications, or other services supplied by the surviving corporation or successor corporation; and
(2) complies with the terms and conditions:
(A) concerning membership; and
(B) set forth in the bylaws or articles of incorporation of the surviving corporation or successor corporation.
As added by P.L.18-2010, SEC.1. Amended by P.L.49-2018, SEC.10.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 17.5. Merger or Consolidation of Rural Electric Membership Corporations and Telephone Cooperative Corporations › 8-1-17.5-16. Members Not Liable for Debts or Liabilities of Corporation; Director Acting in Good Faith Not Personally Liable

Sec. 16. (a) A member of a surviving corporation or successor corporation formed under this chapter is not liable or responsible for the debts or liabilities of the surviving corporation or successor corporation.
(b) A director of a surviving corporation or successor corporation formed under this chapter is not personally liable for the acts or omissions of the surviving corporation or successor corporation if the director acts in good faith in performing the director's duties under this chapter or under the bylaws or articles of incorporation of the surviving corporation or successor corporation.
As added by P.L.18-2010, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 17.5. Merger or Consolidation of Rural Electric Membership Corporations and Telephone Cooperative Corporations › 8-1-17.5-17. Powers of Surviving or Successor Corporation; Authorized Services

Sec. 17. (a) A surviving corporation or successor corporation formed under this chapter has all the powers and may provide any of the services that any party to the merger or consolidation had or could provide under:
(1) IC 8-1-13;
(2) IC 8-1-17; or
(3) this chapter;
on the effective date of the merger or consolidation.
(b) A surviving corporation or successor corporation formed under this chapter is vested with all powers necessary for the accomplishment of the surviving corporation's or successor corporation's corporate purpose. An enumeration of particular powers granted by this chapter does not:
(1) impair any grant of general power by this chapter; or
(2) limit any grant of a particular power to the same class of powers as the power so enumerated.
(c) As used in this section, "services" shall be interpreted in its broadest sense and includes any services authorized by:
(1) IC 8-1-13;
(2) IC 8-1-17; or
(3) this chapter.
As added by P.L.18-2010, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 17.5. Merger or Consolidation of Rural Electric Membership Corporations and Telephone Cooperative Corporations › 8-1-17.5-19. Disposal of All of the Corporation's Property; Authorization of Members and Directors Required

Sec. 19. A surviving corporation or successor corporation formed under this chapter may not sell, lease, exchange, mortgage, pledge, or otherwise sell all, or substantially all, of the surviving corporation's or successor corporation's property unless the transaction is authorized by a resolution adopted at a meeting of the surviving corporation's or successor corporation's members duly called and held as provided in section 14 of this chapter. Unless otherwise provided in the surviving corporation's or successor corporation's bylaws or articles of incorporation, the resolution must receive the affirmative vote of:
(1) at least a majority of the total number of the surviving corporation's or successor corporation's members who either:
(A) are present in person and voting at the meeting held under this section; or
(B) as authorized under section 14(e) of this chapter, cast a vote before the date of the meeting; and
(2) at least a majority of the corporation's directors who are present at a meeting of the board of directors called and held as provided in the surviving corporation's or successor corporation's bylaws or articles of incorporation.
As added by P.L.18-2010, SEC.1. Amended by P.L.42-2011, SEC.20; P.L.49-2018, SEC.11.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 17.5. Merger or Consolidation of Rural Electric Membership Corporations and Telephone Cooperative Corporations › 8-1-17.5-20. Authority to Issue Obligations; Sale of Obligations

Sec. 20. (a) A surviving corporation or successor corporation formed under this chapter has the power and is authorized, from time to time, to issue the surviving corporation's or successor corporation's obligations for any corporate purpose. The obligations may be authorized by one (1) or more resolutions of the board and may bear the date or dates, mature at the time or times, not exceeding forty (40) years from their respective dates, bear interest at any rate, payable semiannually, be in the denominations, be in the form, either coupon or registered, carry the registration privileges, be executed in the manner, be payable in the medium of payment, at the place or places, and be subject to the terms of redemption, not exceeding the principal amount of the obligations plus accrued interest, as the board's resolution or resolutions may provide.
(b) The obligations may be sold in the manner and upon the terms as the board may determine at not less than the principal amount of the obligations plus accrued interest.
(c) Notwithstanding any provision of law to the contrary, any obligations and related interest coupons, if any, issued under this chapter must possess all the qualities of negotiable instruments.
As added by P.L.18-2010, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 17.5. Merger or Consolidation of Rural Electric Membership Corporations and Telephone Cooperative Corporations › 8-1-17.5-21. Issuing of Obligations; Right to Make Covenants and Agreements

Sec. 21. In connection with the issuance of any obligations, a surviving corporation or successor corporation formed under this chapter may make any covenants or agreements and do any acts and things that may be necessary, convenient, or desirable in order to secure the surviving corporation's or successor corporation's obligations or which, in the absolute discretion of the board, tend to make the obligations more marketable, notwithstanding that the covenants, agreements, acts, or things may constitute a limitation on the exercise of the powers granted by this chapter.
As added by P.L.18-2010, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 17.5. Merger or Consolidation of Rural Electric Membership Corporations and Telephone Cooperative Corporations › 8-1-17.5-22. Right of Corporation to Purchase Its Own Obligations; Cancellation Upon Purchase

Sec. 22. A surviving corporation or successor corporation formed under this chapter may, out of any funds available for that purpose, purchase:
(1) any obligations issued by the surviving corporation or successor corporation; and
(2) any accrued interest on the obligations;
at a price determined by resolution of the board. Any obligation described in this section shall be cancelled upon its purchase by the surviving corporation or successor corporation.
As added by P.L.18-2010, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 17.5. Merger or Consolidation of Rural Electric Membership Corporations and Telephone Cooperative Corporations › 8-1-17.5-23. Articles of Dissolution; Filing With Secretary of State; Contents; Winding Up of Business; Remaining Assets

Sec. 23. (a) A surviving corporation or successor corporation formed under this chapter may be dissolved by filing in the office of the secretary of state articles of dissolution that must be entitled and endorsed "Articles of dissolution of ____________" (the blank space being filled in with the name of the surviving corporation or successor corporation) and must include the following:
(1) The name of the surviving corporation or successor corporation and the names of the original corporations that were merged or consolidated to form the surviving corporation or successor corporation.
(2) The date of filing the following in the office of the secretary of state:
(A) the surviving corporation's or successor corporation's articles of incorporation, as most recently amended; and
(B) the articles of incorporation of the original corporations that were merged or consolidated to form the surviving corporation or successor corporation.
(3) A statement that the corporation elects to dissolve.
(4) The name and post office address of each of the directors of the surviving corporation or successor corporation, and the name, title, and post office address of each of the officers of the surviving corporation or successor corporation.
(b) The articles of dissolution shall be subscribed and acknowledged by the surviving corporation's or successor corporation's president or a vice president, and by the secretary or an assistant secretary, who shall make and annex an affidavit stating that they have been authorized to execute and file the articles by a resolution adopted by the members of the surviving corporation or successor corporation at a meeting called and held as provided in section 14 of this chapter.
(c) The articles of dissolution, or one (1) or more certified copies of the articles, shall be filed in the office of the secretary of state and upon that filing, the corporation shall be considered dissolved.
(d) A surviving corporation or successor corporation dissolved under subsection (c) shall continue for the purpose of paying, satisfying, and discharging any existing liabilities or obligations and collecting or liquidating its assets, and doing all other acts required to adjust and wind up its business and affairs, and may sue and be sued in its corporate name.
(e) Any assets remaining after all liabilities or obligations of the surviving corporation or successor corporation have been satisfied or discharged pass to and become the property of the state.
As added by P.L.18-2010, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 17.5. Merger or Consolidation of Rural Electric Membership Corporations and Telephone Cooperative Corporations › 8-1-17.5-25. Jurisdiction of Commission

Sec. 25. Notwithstanding any other law, the commission may exercise jurisdiction over a surviving corporation or successor corporation formed under this chapter only to do the following:
(1) Ensure compliance with IC 8-1-2.8 concerning the provision of dual party relay services to deaf, hard of hearing, and speech impaired persons in Indiana.
(2) Enforce rules adopted under IC 8-1-29 to ensure that a customer of a telecommunications provider is not:
(A) switched to another telecommunications provider unless the customer authorizes the switch; or
(B) billed for services by a telecommunications provider that without the customer's authorization added the services to the customer's service order.
(3) Conduct proceedings under:
(A) the federal Telecommunications Act of 1996 (47 U.S.C. 151 et seq.); and
(B) IC 20-20-16;
concerning universal service and access to telecommunications service and equipment, including the designation of eligible telecommunications carriers under 47 U.S.C. 214.
(4) Perform the commission's duties under IC 8-1-2.6-1.5 or IC 8-1-2-5.
(5) Issue or maintain certificates of territorial authority for communications service providers under IC 8-1-32.5.
(6) Perform the commission's duties under IC 8-1-34 to issue and maintain certificates of franchise authority to multichannel video programming distributors offering video service to Indiana customers.
(7) Perform the commission's duties under IC 8-1-2.6-13(c)(8) concerning the reporting of information by communications service providers.
(8) Fulfill the commission's duties under any state or federal law concerning the administration of any universally applicable dialing code for any communications service.
(9) Perform the commission's duties under IC 8-1-2.3 with respect to assigned service areas for electricity suppliers.
(10) Issue:
(A) certificates of public convenience and necessity, certificates of territorial authority, and indeterminate permits under IC 8-1-2;
(B) certificates of public convenience and necessity under IC 8-1-8.5; or
(C) certificates of public convenience and necessity under IC 8-1-8.7.
(11) Determine territorial disputes between water utilities under IC 8-1.5-6.
As added by P.L.18-2010, SEC.1. Amended by P.L.219-2011, SEC.2; P.L.109-2012, SEC.11; P.L.256-2013, SEC.13; P.L.213-2014, SEC.5; P.L.156-2017, SEC.3; P.L.73-2020, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 17.5. Merger or Consolidation of Rural Electric Membership Corporations and Telephone Cooperative Corporations › 8-1-17.5-26. Right to Appeal

Sec. 26. Any person adversely affected by any final decision, ruling, or order of:
(1) the commission; or
(2) a court with jurisdiction;
under this chapter may appeal the decision, ruling, or order under the same appeal procedures set forth in IC 8-1-3.
As added by P.L.18-2010, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 17.5. Merger or Consolidation of Rural Electric Membership Corporations and Telephone Cooperative Corporations › 8-1-17.5-27. Applicability of Nonprofit Corporation Law

Sec. 27. IC 23-17 and all rights and powers under IC 23-17 apply to a surviving corporation or successor corporation formed under this chapter, unless the provisions of IC 23-17 are in conflict or inconsistent with the express provisions of this chapter.
As added by P.L.18-2010, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 18. Small Telephone Companies─mortgages › 8-1-18-1. Authority to Encumber

Sec. 1. Any telephone company that does not have more than five thousand (5,000) subscribers and operating within the state of Indiana, may, upon the authorization of its board of directors and without the approval of its shareholders, execute and deliver a mortgage or mortgages, a deed or deeds of trust, pledge or encumber any or all of the property, assets, rights, privileges, licenses, franchises and permits of such telephone company, whether acquired or to be acquired and wherever situated, as well as the revenues therefrom, all upon such terms and conditions as the board of directors shall determine, to secure an indebtedness of such telephone company to the United States of America or any agency or instrumentality thereof: Provided, however, That a notice of the intention to execute such mortgage shall be given by the telephone company in two (2) newspapers of general circulation in the county in which the principal office of such company is located, and if there be only one (1) newspaper published in such county, publication in one (1) newspaper will be sufficient.
Formerly: Acts 1955, c.193, s.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 19. Telephone Companies─receivership › 8-1-19-1. Public Policy

Sec. 1. Whereas the telephone system of this country is a nationwide interconnected and interrelated system, no part of which may be suspended without seriously and adversely affecting the whole, and whereas the continuous operation of such communications system is essential to the operation of the economic life of the country and is necessary to prevent extreme hardship, now, therefore, it is legislatively determined that the remedy of suspension or revocation of the permit of a telephone company for violation of law or the rules or orders of lawful authority is wholly inadequate and that additional remedy therefor is necessary and proper and that the intrinsic nature of the telephone business justifies such additional remedy for such industry.
Formerly: Acts 1947, c.270, s.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 19. Telephone Companies─receivership › 8-1-19-2. Verified Showing; Hearing; Order for Receivership

Sec. 2. If any telephone company shall violate any provision of law, or any rule or order of the commission or of any other lawful authority or shall fail to perform any duty imposed upon it by law or by any such rule or order, then, and in that event, in addition to all other remedies provided by law, the commission may, in a proper case, file a verified showing in any circuit court, superior court, or probate court in this state wherein is located the main or principal office or place of business of any telephone company, that such telephone company has failed, neglected, or refused to comply with such provision of law or with an order or requirement of said commission or other lawful authority and that the users of the telephone service furnished by such telephone company, or the public, will be damaged or injured by the continued noncompliance with such law, order or requirement, and that it would be to the interest of the public, that on ten (10) days notice to such telephone company the court should appoint a receiver to operate said telephone company and to render such service or to comply with such law, order, or requirement of the said commission or other lawful authority. Such court may, upon such showing, appoint a receiver for such purpose who shall thereupon qualify as other receivers are qualified and shall thereupon have and exercise the same rights and be subject to the same duties and obligations as now provided by law for public utilities. Such receivership shall be continued, until it is found by the court that said telephone company will, in all reasonable probability, comply in the future with all rules and orders applicable thereto. Such finding shall be entered only after hearing upon notice to the commission. In construing and enforcing the provisions of this section, the act, omission, or failure of any officer, agent, or other person acting for or employed by any public utility acting within the scope of the officer's, agent's, or person's employment shall in every case be deemed to be the act, omission, or failure of such public utility.
Formerly: Acts 1947, c.270, s.2. As amended by P.L.23-1988, SEC.57; P.L.84-2016, SEC.34.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 22.5. Gas Pipeline Safety › 8-1-22.5-1. Definitions

Sec. 1. As used in this chapter, unless otherwise provided:
(a) The term "gas" means natural gas, flammable gas, or gas which is toxic or corrosive.
(b) The term "transportation" means:
(1) the gathering, transmission, or distribution of gas, hazardous liquids, or carbon dioxide fluid by pipeline; or
(2) the storage of gas, hazardous liquids, or carbon dioxide fluids.
The term does not include the gathering of gas in those rural locations which lie outside the limits of any incorporated or unincorporated city, town, village, or any other designated residential or commercial area such as a subdivision, a business or shopping center, a community development, or any similar populated area which the commission may define as a nonrural area.
(c) The term "pipeline" means all parts of those physical facilities through which gas, hazardous liquids, or carbon dioxide fluid moves in transportation, including pipe, valves, and other appurtenances attached to pipe, compressor units, metering stations, regulator stations, delivery stations, holders, and fabricated assemblies, but excluding motor vehicles of all kinds and pipelines serving not less than ten (10) customers with petroleum gas from a common source.
(d) The term "pipeline facilities" means and includes, without limitation, new and existing pipelines, rights-of-way and any equipment, facility, or building used in:
(1) transportation; or
(2) the treatment of gas, hazardous liquids, or carbon dioxide fluid during the course of transportation.
The term excludes motor vehicles of all kinds and pipelines serving not less than ten (10) customers with petroleum gas from a common source.
(e) The term "person" means any individual, firm, joint venture, partnership, corporation, limited liability company, association, municipality, cooperative association, or joint stock association, and includes any trustee, receiver, assignee, or personal representative thereof.
(f) The term "municipality" means a city, county, or any political subdivision of the state.
(g) The term "division" means the pipeline safety division to be established under this chapter.
(h) The term "maximum allowable operating pressure" means the maximum pressure at which a pipeline or a segment of a pipeline may be operated.
(i) The term "hazardous liquid" means petroleum, petroleum products, or anhydrous ammonia.
(j) The term "carbon dioxide fluid" means a fluid consisting of more than ninety percent (90%) carbon dioxide molecules compressed to a supercritical state.
Formerly: Acts 1971, P.L.84, SEC.1. As amended by P.L.23-1988, SEC.58; P.L.8-1993, SEC.128; P.L.118-2006, SEC.1.