reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 23. Business and Other Associations › Article 19. Indiana Uniform Securities Act › Chapter 6. Administration and Judicial Review › 23-19-6-11. Consent to Service of Process; Conduct Constituting Agent for Service of Process; Procedures; Continuances

Sec. 11. (a) An irrevocable consent to service of process required by this article must be signed and filed in the form required by a rule or order under this article. A consent appointing the secretary of state as the person's agent for service of process in an action or proceeding against the person, or the person's successor or personal representative under this article or a rule adopted or order issued under this article after the consent is filed, has the same force and validity as if the service were made personally on the person filing the consent. A person that has filed a consent complying with this subsection in connection with a previous application for registration or notice filing need not file an additional consent.
(b) If a person, including a nonresident of this state, engages in an act, practice, or course of business prohibited or made actionable by this article or a rule adopted or order issued under this article and the person has not filed a consent to service of process under subsection (a), the act, practice, or course of business constitutes the appointment of the secretary of state as the person's agent for service of process in an action or proceeding against the person or the person's successor or personal representative.
(c) Service under subsection (a) or (b) may be made by providing a copy of the process to the office of the secretary of state, but it is not effective unless:
(1) the plaintiff, which may be the commissioner, promptly sends notice of the service and a copy of the process, return receipt requested, to the respondent at the address set forth in the consent to service of process or, if a consent to service of process has not been filed, at the last known address of the respondent, or takes other reasonable steps to give notice; and
(2) the plaintiff files an affidavit of compliance with this subsection in the action or proceeding on or before the return day of the process, if any, or within the time that the court, or the commissioner in a proceeding before the commissioner, allows.
(d) Service under subsection (c) may be used in a proceeding before the commissioner or by the commissioner in a civil action in which the commissioner is the moving party.
(e) If process is served under subsection (c), the court, or the commissioner in a proceeding before the commissioner, shall order continuances as are necessary or appropriate to afford the defendant or respondent reasonable opportunity to defend.
As added by P.L.27-2007, SEC.23.
2023 Indiana Code › Title 23. Business and Other Associations › Article 19. Indiana Uniform Securities Act › Chapter 7. Awards for Reporting Securities Violations › 23-19-7-1. "Commissioner"

Sec. 1. As used in this chapter, "commissioner" refers to the securities commissioner appointed by the secretary of state under IC 23-19-6-1(a).
As added by P.L.85-2012, SEC.6.
2023 Indiana Code › Title 23. Business and Other Associations › Article 19. Indiana Uniform Securities Act › Chapter 7. Awards for Reporting Securities Violations › 23-19-7-3. "Fund"

Sec. 3. As used in this chapter, "fund" refers to the securities restitution fund established by IC 23-20-1-25.
As added by P.L.85-2012, SEC.6.
2023 Indiana Code › Title 23. Business and Other Associations › Article 19. Indiana Uniform Securities Act › Chapter 7. Awards for Reporting Securities Violations › 23-19-7-4. "Informant"

Sec. 4. (a) As used in this chapter, "informant" means an individual who provides original information concerning a violation of this article to the division.
(b) The term does not include an individual who is:
(1) a journalist, a reporter, or any other member of the news media if the individual discovers or acquires the original information in the course of investigating or reporting a story, as part of an assignment, or through any other means related to the individual's work for, or in connection with, the news media; or
(2) an employee of the division.
As added by P.L.85-2012, SEC.6.
2023 Indiana Code › Title 23. Business and Other Associations › Article 19. Indiana Uniform Securities Act › Chapter 7. Awards for Reporting Securities Violations › 23-19-7-5. "Monetary Sanction"

Sec. 5. As used in this chapter, "monetary sanction" refers to money required to be paid under this article as the result of a judicial or an administrative action, including any penalties imposed or amounts ordered through an order of disgorgement. However, the term does not include any amounts ordered or identified as restitution.
As added by P.L.85-2012, SEC.6. Amended by P.L.71-2014, SEC.4.
2023 Indiana Code › Title 23. Business and Other Associations › Article 19. Indiana Uniform Securities Act › Chapter 7. Awards for Reporting Securities Violations › 23-19-7-6. "Original Information"

Sec. 6. As used in this chapter, "original information" means information that:
(1) is provided to the division by an informant;
(2) is derived from the independent knowledge or analysis of the informant;
(3) is not known to or derived by the informant exclusively from:
(A) an allegation made in a judicial or an administrative proceeding;
(B) a government audit, investigation, hearing, or report; or
(C) a media report or an individual described in section 4(b)(1) of this chapter; and
(4) would not otherwise be known to the division if the informant had not provided the information to the division.
As added by P.L.85-2012, SEC.6.
2023 Indiana Code › Title 23. Business and Other Associations › Article 19. Indiana Uniform Securities Act › Chapter 7. Awards for Reporting Securities Violations › 23-19-7-7. Award to Informant for Original Information Leading to Successful Enforcement Action; Commissioner to Determine Amount; Award to Be Paid From Fund; Limit on Aggregate Amount of Awards

Sec. 7. (a) Except as provided in section 9 of this chapter, and subject to subsection (b) and section 8 of this chapter, if:
(1) an informant:
(A) voluntarily provides in writing, and in the form or manner required by the commissioner, original information to the division; and
(B) includes, as part of the writing provided under clause (A), a signed statement indicating that the informant reasonably believes that the act or omission disclosed through the original information provided constitutes a violation of this article; and
(2) the original information provided by the informant leads to the successful enforcement of a judicial or an administrative action under this article;
the commissioner may award an amount, to be determined by the commissioner and paid from the fund, to the informant for the original information provided.
(b) The commissioner may provide an award to one (1) or more informants in any single judicial or administrative proceeding under this article. However, the aggregate amount of the awards in any single judicial or administrative proceeding may not exceed ten percent (10%) of the total monetary sanctions imposed or ordered in the action.
As added by P.L.85-2012, SEC.6.
2023 Indiana Code › Title 23. Business and Other Associations › Article 19. Indiana Uniform Securities Act › Chapter 7. Awards for Reporting Securities Violations › 23-19-7-8. Considerations in Determining Amount of Award

Sec. 8. In determining the amount of an award to be paid under this chapter, the commissioner shall consider:
(1) the significance of the original information provided by the informant to the successful enforcement of the judicial or administrative action under this article;
(2) the degree of assistance or cooperation provided by the informant in connection with the judicial or administrative proceedings;
(3) the programmatic interest of the commissioner in deterring a violation of this article by making awards to informants who provide original information leading to the successful enforcement of this article; and
(4) any other factors the commissioner considers relevant.
As added by P.L.85-2012, SEC.6.
2023 Indiana Code › Title 23. Business and Other Associations › Article 19. Indiana Uniform Securities Act › Chapter 7. Awards for Reporting Securities Violations › 23-19-7-9. Circumstances When Award Prohibited

Sec. 9. The commissioner may not provide an award to an informant under this chapter if the informant:
(1) is convicted of a crime in connection with the judicial or administrative proceeding for which the informant provided the original information;
(2) acquired the original information in performing an examination of financial statements required under securities laws or regulations, if the informant's subsequent disclosure of the information acquired constitutes a violation of 15 U.S.C. 78j-1;
(3) fails to provide the original information to the division in the manner prescribed by section 7(a)(1) of this chapter and in accordance with any other requirements prescribed by the commissioner;
(4) knowingly or recklessly makes a false, fictitious, or fraudulent statement or a misrepresentation as part of, or in connection with:
(A) the original information provided; or
(B) the judicial or administrative proceeding for which the original information was provided;
(5) uses, relies on, or provides a false writing or document knowing that, or with reckless disregard as to whether, the writing or document contains false, fictitious, or fraudulent information;
(6) knows that, or has a reckless disregard as to whether, the original information provided is false, fictitious, or fraudulent; or
(7) has a legal duty to provide the original information to the division.
As added by P.L.85-2012, SEC.6.
2023 Indiana Code › Title 23. Business and Other Associations › Article 19. Indiana Uniform Securities Act › Chapter 7. Awards for Reporting Securities Violations › 23-19-7-10. Right or Obligation to Present Evidence to Grand Jury or Share Evidence in Criminal Investigation Unaffected

Sec. 10. This chapter does not limit or negate any right or obligation of any individual to present evidence to a grand jury or to share evidence with potential witnesses or defendants in the course of an ongoing criminal investigation.
As added by P.L.85-2012, SEC.6.
2023 Indiana Code › Title 23. Business and Other Associations › Article 20. Victims of Securities Violations › Chapter 1. Restitution for Victims of Securities Violations › 23-20-1-1. "Claimant"

Sec. 1. (a) As used in this chapter, "claimant" means a victim filing an application for restitution assistance under this chapter.
(b) The term includes:
(1) a named party in an award;
(2) the executor of a named party in an award; or
(3) the heirs and assigns of a named party in an award.
As added by P.L.114-2010, SEC.12.
2023 Indiana Code › Title 23. Business and Other Associations › Article 20. Victims of Securities Violations › Chapter 1. Restitution for Victims of Securities Violations › 23-20-1-2. "Division"

Sec. 2. As used in this chapter, "division" refers to the securities division of the office of the secretary of state.
As added by P.L.114-2010, SEC.12.
2023 Indiana Code › Title 23. Business and Other Associations › Article 20. Victims of Securities Violations › Chapter 1. Restitution for Victims of Securities Violations › 23-20-1-3. "Fund"

Sec. 3. As used in this chapter, "fund" refers to the securities restitution fund established by section 25 of this chapter.
As added by P.L.114-2010, SEC.12.
2023 Indiana Code › Title 23. Business and Other Associations › Article 20. Victims of Securities Violations › Chapter 1. Restitution for Victims of Securities Violations › 23-20-1-4. "Out-of-Pocket Loss"

Sec. 4. As used in this chapter, "out-of-pocket loss" means an amount equal to the amount of restitution ordered under any of the following:
(1) A final court order.
(2) A final administrative order.
As added by P.L.114-2010, SEC.12.
2023 Indiana Code › Title 23. Business and Other Associations › Article 20. Victims of Securities Violations › Chapter 1. Restitution for Victims of Securities Violations › 23-20-1-5. "Person"

Sec. 5. As used in this chapter, "person" includes a sole proprietorship, a partnership, a corporation, an association, a fiduciary, or an individual.
As added by P.L.114-2010, SEC.12.
2023 Indiana Code › Title 23. Business and Other Associations › Article 20. Victims of Securities Violations › Chapter 1. Restitution for Victims of Securities Violations › 23-20-1-6. "Securities Violation"

Sec. 6. As used in this chapter, "securities violation" means a violation of any of the following:
(1) The Securities Act of 1933, as amended, and any regulations related to that act.
(2) The Securities Exchange Act of 1934, as amended, and any regulations related to that act.
(3) The Investment Company Act of 1940, as amended, and any regulations related to that act.
(4) The Investment Advisers Act of 1940, as amended, and any regulations related to that act.
(5) The Indiana Uniform Securities Act (IC 23-19) and any rules related to that act.
(6) Other state securities acts and any rules or regulations related to those acts.
As added by P.L.114-2010, SEC.12. Amended by P.L.42-2011, SEC.47.
2023 Indiana Code › Title 23. Business and Other Associations › Article 20. Victims of Securities Violations › Chapter 1. Restitution for Victims of Securities Violations › 23-20-1-7. "Victim"

Sec. 7. As used in this chapter, "victim" means an individual who suffers monetary injury as a result of a securities violation.
As added by P.L.114-2010, SEC.12.
2023 Indiana Code › Title 23. Business and Other Associations › Article 20. Victims of Securities Violations › Chapter 1. Restitution for Victims of Securities Violations › 23-20-1-8. Duties of Division

Sec. 8. The division shall do the following:
(1) Prescribe forms for processing applications for restitution assistance.
(2) Determine whether a claim for restitution assistance filed under this chapter should be awarded.
As added by P.L.114-2010, SEC.12.
2023 Indiana Code › Title 23. Business and Other Associations › Article 20. Victims of Securities Violations › Chapter 1. Restitution for Victims of Securities Violations › 23-20-1-9. Order Awarding Restitution to Claimant Required

Sec. 9. The division shall require a claimant to produce a copy of:
(1) a court order; or
(2) an administrative order;
that demonstrates that restitution has been awarded to the claimant as described in section 16 of this chapter.
As added by P.L.114-2010, SEC.12.
2023 Indiana Code › Title 23. Business and Other Associations › Article 20. Victims of Securities Violations › Chapter 1. Restitution for Victims of Securities Violations › 23-20-1-10. Confidentiality of Claimant's Personal Information

Sec. 10. A claimant's personal information (as defined in IC 9-14-6-6) is confidential.
As added by P.L.114-2010, SEC.12. Amended by P.L.198-2016, SEC.652.
2023 Indiana Code › Title 23. Business and Other Associations › Article 20. Victims of Securities Violations › Chapter 1. Restitution for Victims of Securities Violations › 23-20-1-11. Persons Eligible for Restitution Assistance

Sec. 11. Except as otherwise provided in this chapter, the following persons are eligible for restitution assistance under this chapter:
(1) A resident of Indiana who is a victim of a securities violation committed:
(A) in Indiana; or
(B) in a jurisdiction other than Indiana, including a foreign country, if the jurisdiction in which the securities violation occurred does not offer to Indiana residents who are victims of securities violations in that jurisdiction assistance that is substantially similar to the assistance offered under this chapter.
(2) A nonresident of Indiana who is a victim of a securities violation committed in Indiana if the jurisdiction in which the victim resides offers to Indiana residents who are victims of securities violations in that jurisdiction assistance that is substantially similar to the assistance offered under this chapter.
(3) A surviving spouse or dependent child of a victim described in subdivision (1) or (2).
(4) Any other person legally dependent for principal support upon a victim described in subdivision (1) or (2).
As added by P.L.114-2010, SEC.12.
2023 Indiana Code › Title 23. Business and Other Associations › Article 20. Victims of Securities Violations › Chapter 1. Restitution for Victims of Securities Violations › 23-20-1-12. Application for Restitution Assistance; Filing With Division

Sec. 12. (a) A person eligible for restitution assistance under section 11 of this chapter may file an application for restitution assistance with the division.
(b) The application must be received by the division not more than one hundred eighty (180) days after the date of the order described in section 16 of this chapter. The division may grant an extension of time for good cause shown by the claimant. However, the division may not accept an application that is received more than two (2) years after the date of the order described in section 16 of this chapter.
(c) The application must be filed in the office of the division in person, through the division's Internet web site, or by first class or certified mail. If requested, the division shall assist a claimant in preparing the application.
(d) The division shall accept all applications filed in compliance with this chapter. Upon receipt of a complete application, the division shall promptly begin processing the application.
As added by P.L.114-2010, SEC.12.
2023 Indiana Code › Title 23. Business and Other Associations › Article 20. Victims of Securities Violations › Chapter 1. Restitution for Victims of Securities Violations › 23-20-1-13. Division's Review of Applications; Request for Additional Information

Sec. 13. (a) The division shall review all applications to ensure that the applications are complete.
(b) If an application is not complete, the application shall be returned to the claimant with a brief statement of the additional information required.
(c) The claimant may, not more than thirty (30) days after receipt of the request for additional information, either supply the information or appeal to the securities commissioner as to the completeness of the application.
(d) The decision of the securities commissioner as to the completeness of the application is final.
(e) The division shall deny the application if:
(1) the applicant does not furnish additional information; or
(2) additional time is not granted by the securities commissioner for good cause.
As added by P.L.114-2010, SEC.12.
2023 Indiana Code › Title 23. Business and Other Associations › Article 20. Victims of Securities Violations › Chapter 1. Restitution for Victims of Securities Violations › 23-20-1-14. Denial of Assistance to Victim Participating in or Profiting From Securities Violation

Sec. 14. (a) Subject to subsection (b), the division may not award restitution assistance if the victim:
(1) sustained the monetary injury as a result of:
(A) participating or assisting in; or
(B) attempting to commit or committing;
a securities violation; or
(2) profited or would have profited from the securities violation.
(b) If the victim is a dependent child or dependent parent of the person who commits a securities violation, restitution assistance may be awarded if justice requires.
As added by P.L.114-2010, SEC.12.
2023 Indiana Code › Title 23. Business and Other Associations › Article 20. Victims of Securities Violations › Chapter 1. Restitution for Victims of Securities Violations › 23-20-1-15. Assistance Limited to One Claimant per Victim

Sec. 15. The division may not award restitution assistance under this chapter to more than one (1) claimant per victim.
As added by P.L.114-2010, SEC.12.
2023 Indiana Code › Title 23. Business and Other Associations › Article 20. Victims of Securities Violations › Chapter 1. Restitution for Victims of Securities Violations › 23-20-1-16. Adjudication of Violation Required; Final Order; Failure of Party to Pay

Sec. 16. (a) The division may not award restitution assistance under this chapter unless the securities violation was adjudicated in a state or federal court or a regulatory agency administrative proceeding.
(b) The division may not award restitution assistance under this chapter unless:
(1) a final order has been entered ordering restitution to the victim in a proceeding described in subsection (a); and
(2) the party ordered to pay restitution has not paid the full amount.
As added by P.L.114-2010, SEC.12.
2023 Indiana Code › Title 23. Business and Other Associations › Article 20. Victims of Securities Violations › Chapter 1. Restitution for Victims of Securities Violations › 23-20-1-17. Denial of Assistance; Order Not Containing Restitution Award

Sec. 17. The division shall deny an award of restitution assistance under this chapter if a court or administrative order does not contain an award of restitution to the victim.
As added by P.L.114-2010, SEC.12.
2023 Indiana Code › Title 23. Business and Other Associations › Article 20. Victims of Securities Violations › Chapter 1. Restitution for Victims of Securities Violations › 23-20-1-18. Restitution Award Overturned on Appeal; Denial or Forfeiture of Assistance

Sec. 18. (a) The division may not award restitution assistance under this chapter on behalf of a victim whose award of restitution under a court or administrative order is overturned on appeal.
(b) If:
(1) restitution assistance is awarded under this chapter; and
(2) after the award of restitution assistance under this chapter, the victim's award of restitution under a court or administrative order is overturned on appeal;
the claimant shall forfeit the restitution assistance received under this chapter.
As added by P.L.114-2010, SEC.12.
2023 Indiana Code › Title 23. Business and Other Associations › Article 20. Victims of Securities Violations › Chapter 1. Restitution for Victims of Securities Violations › 23-20-1-19. Subrogation Rights of State

Sec. 19. (a) The state is subrogated to the rights of the person awarded restitution under this chapter to the extent of the award.
(b) The subrogation rights are against the person who committed the securities violation or a person liable for the pecuniary loss.
As added by P.L.114-2010, SEC.12.
2023 Indiana Code › Title 23. Business and Other Associations › Article 20. Victims of Securities Violations › Chapter 1. Restitution for Victims of Securities Violations › 23-20-1-20. State's Lien on Victim's Recovery; Deduction of State's Share of Court Expenses

Sec. 20. (a) In addition to the subrogation rights under section 19 of this chapter, the state is entitled to a lien in the amount of the award on a recovery made by or on behalf of the victim.
(b) The state may:
(1) recover the amount under subsection (a) in a separate action; or
(2) intervene in an action brought by or on behalf of the victim.
(c) If a claimant brings an action described in subsection (b)(2), the claimant may deduct from the money owed to the state under the lien the state's pro rata share of the reasonable expenses for the court suit, including attorney's fees. The amount the claimant deducts under this subsection for the state's pro rata share of the expenses may not be more than fifteen percent (15%) of the money owed under the lien.
As added by P.L.114-2010, SEC.12.
2023 Indiana Code › Title 23. Business and Other Associations › Article 20. Victims of Securities Violations › Chapter 1. Restitution for Victims of Securities Violations › 23-20-1-21. Recovery by Claimant Receiving Assistance; Refund to State of Overpayment

Sec. 21. If:
(1) an award is made under this chapter; and
(2) a claimant receives a sum required to be deducted under section 20(a) of this chapter;
the claimant shall refund to the state the amount of overpayment.
As added by P.L.114-2010, SEC.12.
2023 Indiana Code › Title 23. Business and Other Associations › Article 20. Victims of Securities Violations › Chapter 1. Restitution for Victims of Securities Violations › 23-20-1-22. Victim's Contribution to Monetary Injury; Consideration in Amount of Assistance; Basis for Denial

Sec. 22. (a) In determining the amount of restitution assistance to award under this chapter, the division shall determine whether a victim contributed to the infliction of the victim's monetary injury.
(b) If the division finds that the victim contributed to the infliction of the victim's monetary injury, the division may deny an award of restitution assistance.
As added by P.L.114-2010, SEC.12.
2023 Indiana Code › Title 23. Business and Other Associations › Article 20. Victims of Securities Violations › Chapter 1. Restitution for Victims of Securities Violations › 23-20-1-23. Limitations on Award

Sec. 23. An award under this chapter may not exceed the lesser of the following:
(1) Fifteen thousand dollars ($15,000).
(2) Twenty-five percent (25%) of the amount of the out-of-pocket loss.
As added by P.L.114-2010, SEC.12.
2023 Indiana Code › Title 23. Business and Other Associations › Article 20. Victims of Securities Violations › Chapter 1. Restitution for Victims of Securities Violations › 23-20-1-24. Award Not Subject to Execution, Attachment, or Garnishment

Sec. 24. An award made by the division under this chapter is not subject to execution, attachment, garnishment, or other process.
As added by P.L.114-2010, SEC.12.
2023 Indiana Code › Title 23. Business and Other Associations › Article 20. Victims of Securities Violations › Chapter 1. Restitution for Victims of Securities Violations › 23-20-1-25. Securities Restitution Fund; Establishment; Funding Sources

Sec. 25. (a) The securities restitution fund is established.
(b) The fund consists of:
(1) amounts from funds received for deposit in the securities division enforcement account as provided in IC 23-19-6-1(h);
(2) two percent (2%) of funds received from other fees and revenues from the administration of IC 23-19 that would otherwise be deposited in the state general fund as provided in IC 23-19-6-1(o); and
(3) amounts appropriated from the general assembly.
As added by P.L.114-2010, SEC.12. Amended by P.L.156-2023, SEC.14.
2023 Indiana Code › Title 23. Business and Other Associations › Article 20. Victims of Securities Violations › Chapter 1. Restitution for Victims of Securities Violations › 23-20-1-26. Securities Restitution Fund; Funds Continually Appropriated; Purposes

Sec. 26. The money in the fund is continually appropriated to the division for purposes of:
(1) awarding restitution assistance under this chapter;
(2) paying expenses incurred in administering this chapter; and
(3) making awards to informants under IC 23-19-7.
As added by P.L.114-2010, SEC.12. Amended by P.L.85-2012, SEC.7.
2023 Indiana Code › Title 23. Business and Other Associations › Article 20. Victims of Securities Violations › Chapter 1. Restitution for Victims of Securities Violations › 23-20-1-27.5. Securities Restitution Fund; Reverted Funds

Sec. 27.5. If the balance of the fund at the end of a particular state fiscal year exceeds two million dollars ($2,000,000), the amount that exceeds two million dollars ($2,000,000) reverts to the state general fund.
As added by P.L.156-2023, SEC.16.
2023 Indiana Code › Title 23. Business and Other Associations › Article 20. Victims of Securities Violations › Chapter 1. Restitution for Victims of Securities Violations › 23-20-1-28. Securities Restitution Fund; Threshold; Suspension of Payment of Claims; Proration of Claims After Suspension Period

Sec. 28. (a) If the fund would be reduced below two hundred fifty thousand dollars ($250,000) by payment in full of all awards that become final in a month, the division shall suspend payment of the claims that become final during the month and the following two (2) months.
(b) At the end of the suspension period, the division shall pay the suspended claims. If the fund would be exhausted by payment in full of the suspended claims, the amount paid to each claimant shall be prorated.
(c) To ensure the financial viability of the fund, the commissioner may:
(1) divide into installments;
(2) delay; or
(3) divide into installments and delay;
any payments owed to claimants under this chapter.
As added by P.L.114-2010, SEC.12. Amended by P.L.156-2023, SEC.17.
2023 Indiana Code › Title 23. Business and Other Associations › Article 20. Victims of Securities Violations › Chapter 1. Restitution for Victims of Securities Violations › 23-20-1-29. State's Liability for Award; Limited to Availability of Money in Fund

Sec. 29. The state is not liable for a written determination made by the division under this chapter except to the extent that money is available in the fund on the date the award is computed by the division under this chapter.
As added by P.L.114-2010, SEC.12.
2023 Indiana Code › Title 23. Business and Other Associations › Article 20. Victims of Securities Violations › Chapter 1. Restitution for Victims of Securities Violations › 23-20-1-30. Claimant Convicted of Forgery, Fraud, or Deception; Forfeiture of Award; Civil Action by Division to Recover Funds

Sec. 30. (a) A claimant convicted of forgery, fraud, or deception in connection with a claim under this chapter forfeits an award paid to the claimant under this chapter.
(b) The division may file a civil action to recover funds against a claimant described in subsection (a).
As added by P.L.114-2010, SEC.12.
2023 Indiana Code › Title 23. Business and Other Associations › Article 20. Victims of Securities Violations › Chapter 1. Restitution for Victims of Securities Violations › 23-20-1-31. False or Misleading Statements; Level 5 Felony

Sec. 31. A person commits a Level 5 felony if the person knowingly makes or causes to be made:
(1) in any document filed with or sent to the securities commissioner or the division; or
(2) in any proceeding, investigation, or examination;
under this chapter any statement that is, at the time and in the light of the circumstances under which it is made, false or misleading in any material respect.
As added by P.L.114-2010, SEC.12. Amended by P.L.158-2013, SEC.268.
2023 Indiana Code › Title 23. Business and Other Associations › Article 20. Victims of Securities Violations › Chapter 1. Restitution for Victims of Securities Violations › 23-20-1-32. Division's Authority to Adopt Rules

Sec. 32. The division may adopt rules under IC 4-22-2 to implement this chapter.
As added by P.L.114-2010, SEC.12.
2023 Indiana Code › Title 24. Trade Regulation › Article 1. Combinations in Restraint of Trade › Chapter 1. Contracts to Prevent Competition › 24-1-1-1. Contracts Against Public Policy; Null and Void Contracts

Sec. 1. From and after April 14, 1897, all arrangements, contracts, agreements, trusts or combinations between persons or corporations who control the output of any article of merchandise, made with a view to lessen, or which tend to lessen, full and free competition in the importation or sale of articles imported into this state, and all arrangements, contracts, agreements, trusts, or combinations between persons or corporations who control the output of said article of merchandise, designed, or which tend to advance, reduce, or control the price or the cost to the producer or to the consumer of any such product or article, are hereby declared to be against public policy, unlawful, and void.
Formerly: Acts 1897, c.104, s.1. As amended by P.L.152-1986, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 1. Combinations in Restraint of Trade › Chapter 1. Contracts to Prevent Competition › 24-1-1-2. Violation of Chapter; Domestic Corporations; Forfeiture of Charter and Franchise; Foreign Corporations; Prohibition

Sec. 2. Any corporation, chartered under the laws of this state, which shall violate any of the provisions of this chapter shall thereby forfeit its charter and its franchise, and its corporate existence shall thereupon cease and determine. Every foreign corporation which shall violate any of the provisions of this chapter is hereby denied the right to do and is prohibited from doing business in this state. It is hereby made the duty of the attorney general of the state to enforce this section by due process of law.
Formerly: Acts 1897, c.104, s.2. As amended by P.L.152-1986, SEC.2.
2023 Indiana Code › Title 24. Trade Regulation › Article 1. Combinations in Restraint of Trade › Chapter 1. Contracts to Prevent Competition › 24-1-1-3. Offense

Sec. 3. A person who knowingly violates this chapter commits a Level 5 felony.
Formerly: Acts 1897, c.104, s.3. As amended by Acts 1978, P.L.2, SEC.2401; P.L.158-2013, SEC.269.
2023 Indiana Code › Title 24. Trade Regulation › Article 1. Combinations in Restraint of Trade › Chapter 1. Contracts to Prevent Competition › 24-1-1-4. Persons Affected by Chapter; Exception

Sec. 4. The persons designed by this chapter to be affected by this chapter are those who own, control, or manufacture the output of any particular article of merchandise mentioned in this chapter; provided, however, that the provisions of this chapter shall not apply to agricultural products or livestock while in the possession of the producer or raiser.
Formerly: Acts 1897, c.104, s.4. As amended by P.L.152-1986, SEC.3.
2023 Indiana Code › Title 24. Trade Regulation › Article 1. Combinations in Restraint of Trade › Chapter 1. Contracts to Prevent Competition › 24-1-1-5. Civil Suit for Damages

Sec. 5. Any person or persons or corporations that may be injured or damaged by any such arrangement, contract, agreement, trust, or combination described in section 1 of this chapter may sue for and recover in any court of competent jurisdiction in this state, of any person, persons, or corporation operating such trust or combination, the full consideration or sum paid by him or them for any goods, wares, merchandise, or articles, the sale of which is controlled by such combination or trust.
Formerly: Acts 1897, c.104, s.5. As amended by P.L.152-1986, SEC.4.
2023 Indiana Code › Title 24. Trade Regulation › Article 1. Combinations in Restraint of Trade › Chapter 1. Contracts to Prevent Competition › 24-1-1-5.1. Attorney General May Bring Action on Behalf of the State or a Political Subdivision

Sec. 5.1. The attorney general may bring an action on behalf of the state or a political subdivision (as defined in IC 34-6-2-110) for injuries or damages sustained directly or indirectly as a result of a violation of this chapter.
As added by P.L.135-2008, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 1. Combinations in Restraint of Trade › Chapter 1. Contracts to Prevent Competition › 24-1-1-5.2. Attorney General May Bring Action on Behalf of the State or a Political Subdivision

Sec. 5.2. (a) The attorney general may bring an action in a county on behalf of the state or a political subdivision (as defined in IC 34-6-2-110) for injuries or damages sustained directly or indirectly as a result of a violation of this chapter.
(b) An action brought under this section may be brought, without respect to the amount in controversy, in a circuit or superior court in a county in which the defendant resides or is engaged in business, or in which service may be obtained.
(c) The plaintiff in an action brought under this section is entitled to recover a penalty of threefold the damages awarded in the action, plus reasonable costs and attorney's fees.
As added by P.L.135-2008, SEC.2.
2023 Indiana Code › Title 24. Trade Regulation › Article 1. Combinations in Restraint of Trade › Chapter 1. Contracts to Prevent Competition › 24-1-1-6. Special Grand Jury Instructions

Sec. 6. It shall be the duty of the judges of the courts of this state specially to instruct the grand juries as to the provisions of this chapter.
Formerly: Acts 1897, c.104, s.6. As amended by P.L.152-1986, SEC.5; P.L.84-2016, SEC.100.
2023 Indiana Code › Title 24. Trade Regulation › Article 1. Combinations in Restraint of Trade › Chapter 2. Combinations Restraining Trade › 24-1-2-1. Illegal Combinations; Exceptions; Offense; Defense

Sec. 1. Every scheme, contract, or combination in restraint of trade or commerce, or to create or carry out restrictions in trade or commerce, or to deny or refuse to any person participation, on equal terms with others, in any telegraphic service transmitting matter prepared or intended for public use, or to limit or reduce the production, or increase or reduce the price of merchandise or any commodity, or to prevent competition in manufacturing, within or without this state, is illegal, but this chapter may not be construed to apply to or repeal, modify or limit, or make unlawful any of the powers, rights or privileges now existing or conferred by law upon any person. A person who makes such a contract, engages in such a combination, or enters into such a scheme, or does within this state any act in furtherance of such a contract, combination, or scheme entered into without this state, commits a Class A misdemeanor. However, it is a defense to any action growing out of any violation of any law relating to the subject-matter of this chapter for the defendant to prove that the violation is not in restraint of trade or commerce, or does not restrict trade or commerce, limit or reduce the production, or increase or reduce the price of merchandise or any commodity, or prevent competition in manufacturing.
Formerly: Acts 1907, c.243, s.1. As amended by Acts 1978, P.L.2, SEC.2402.
2023 Indiana Code › Title 24. Trade Regulation › Article 1. Combinations in Restraint of Trade › Chapter 2. Combinations Restraining Trade › 24-1-2-2. Monopoly; Offense

Sec. 2. A person who monopolizes any part of the trade or commerce within this state commits a Class A misdemeanor.
Formerly: Acts 1907, c.243, s.2. As amended by Acts 1978, P.L.2, SEC.2403.
2023 Indiana Code › Title 24. Trade Regulation › Article 1. Combinations in Restraint of Trade › Chapter 2. Combinations Restraining Trade › 24-1-2-3. Restraint of Bidding for Letting Contracts; Offense

Sec. 3. A person who engages in any scheme, contract, or combination to restrain or restrict bidding for the letting of any contract for private or public work, or restricts free competition for the letting of any contract for private or public work, commits a Class A misdemeanor.
Formerly: Acts 1907, c.243, s.3. As amended by Acts 1978, P.L.2, SEC.2404.
2023 Indiana Code › Title 24. Trade Regulation › Article 1. Combinations in Restraint of Trade › Chapter 2. Combinations Restraining Trade › 24-1-2-4. Collusion Among Contract Bidders; Civil Action by Principal; Action by Attorney General

Sec. 4. If there shall be collusion or fraud of any kind or character among the bidders at the letting of any contract or work as provided in section 3 of this chapter, then the principal who lets the contract or work, or for whom the contract was let, shall not be liable for such letting or on account of said contract or work, or any part thereof, to the successful bidder to whom the contract or work was let, his successors or assigns, if such successful bidder be a party, directly or indirectly, to such collusion or fraud on such contract or letting, or for any work, materials furnished, or thing done in discharge thereof or with reference thereto, and if before notice of such collusion or fraud payment or partial payment thereon or therefor shall have been made, such principal may at any time within five (5) years from the date of the last payment made thereon or therefor in an appropriate action in any court of competent jurisdiction in this state recover to the full amount of such payment or payments with interest to date of judgment thereon, and attorney's fees, against such successful bidder, and such recovery shall not be a bar to any action, either civil or criminal, brought against such bidder on account of any violation of this chapter on behalf of the state by the attorney general, a prosecuting attorney, or otherwise.
Formerly: Acts 1907, c.243, s.4. As amended by P.L.152-1986, SEC.6.
2023 Indiana Code › Title 24. Trade Regulation › Article 1. Combinations in Restraint of Trade › Chapter 2. Combinations Restraining Trade › 24-1-2-5.1. Attorney General Actions for Violations; Remedies

Sec. 5.1. (a) The attorney general may bring an action on behalf of the state or a political subdivision (as defined in IC 34-6-2-110) for one (1) or more of the following, together with the costs and expenses of the suit, including reasonable attorney's fees and expert fees, in connection with a violation of this chapter:
(1) Appropriate injunctive or other equitable relief, including disgorgement of any gains derived from the violation.
(2) A civil penalty, as prescribed in subsection (c).
(3) Injuries or damages sustained directly or indirectly by the state or political subdivision as a result of the violation.
(b) The attorney general may bring an action in the name of the state as parens patriae on behalf of one (1) or more natural persons residing in Indiana for one (1) or more of the following, together with the costs and expenses of the suit, including reasonable attorney's fees and expert fees, in connection with a violation of this chapter:
(1) Appropriate injunctive or other equitable relief, including disgorgement of any gains derived from the violation.
(2) A civil penalty, as prescribed in subsection (c).
(3) Injuries or damages sustained directly or indirectly by the one (1) or more natural persons as a result of the violation.
(c) In an action brought under subsection (a) or (b) after June 30, 2023, the attorney general may recover a civil penalty of not more than:
(1) one hundred thousand dollars ($100,000) per violation from any natural person who violates this chapter; or
(2) one million dollars ($1,000,000) from any other person (as defined in section 10 of this chapter), other than a natural person, that violates this chapter.
As added by P.L.135-2008, SEC.3. Amended by P.L.6-2023, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 1. Combinations in Restraint of Trade › Chapter 2. Combinations Restraining Trade › 24-1-2-7. Treble Damage Action; Attorney General's Representation of State or Political Subdivision

Sec. 7. (a) Any person whose business or property is injured by a violation of this chapter may bring an action in the circuit or superior court of any county in which the defendant resides or is found without respect to the amount in controversy, and is entitled to recover a penalty of threefold the damages awarded in the action, together with the costs of suit, including reasonable attorney's fees.
(b) The attorney general may bring an action under this section on behalf of the state or a political subdivision if the state or political subdivision has been directly or indirectly injured by a violation of this section.
Formerly: Acts 1907, c.243, s.7. As amended by P.L.152-1986, SEC.9; P.L.135-2008, SEC.4.
2023 Indiana Code › Title 24. Trade Regulation › Article 1. Combinations in Restraint of Trade › Chapter 2. Combinations Restraining Trade › 24-1-2-8. General Importance of Case; Certificate

Sec. 8. In any proceeding under this chapter the attorney general or prosecuting attorney may file with the clerk of the court a certificate that in his opinion the case is of general importance, a copy of which shall be immediately furnished by said clerk to the judge or each of the judges of the court wherein the proceedings may be pending, and the court shall thereupon make the proper orders in the premises.
Formerly: Acts 1907, c.243, s.8. As amended by P.L.152-1986, SEC.10.
2023 Indiana Code › Title 24. Trade Regulation › Article 1. Combinations in Restraint of Trade › Chapter 2. Combinations Restraining Trade › 24-1-2-9. Costs of Proceedings

Sec. 9. Whenever an information is filed by the attorney general or by any prosecuting attorney, such officer shall not be liable for costs; but when it is filed upon the relation of a private person, he shall be liable for costs unless the same are adjudged against the defendant. In all proceedings instituted under the provisions of this chapter by the attorney general or by the prosecuting attorney on the order and direction of the court, the attorney general, or the governor, all necessary costs and expenses of the prosecution shall be paid out of moneys in the state treasury not otherwise appropriated if such costs cannot be collected from the defendant or defendants, in case judgment be rendered against such defendant or defendants, and it shall be the duty of the auditor of state, upon receipt from the attorney general of a statement of the costs and expenses of any such prosecution, to draw his warrant upon the treasurer of state for the amount so certified; provided, however, that the attorney general shall not involve the state in any extraordinary expense for experts or other assistants without first obtaining the consent of the governor, and twenty thousand dollars ($20,000) is appropriated biennially from any funds of the state not otherwise appropriated to defray the expenses of such prosecutions by the attorney general. Such prosecuting attorney shall also be allowed by the court trying such cause reasonable compensation for his services, and such allowances shall be paid as part of the costs and expenses of such prosecution.
Formerly: Acts 1907, c.243, s.9. As amended by P.L.152-1986, SEC.11.
2023 Indiana Code › Title 24. Trade Regulation › Article 1. Combinations in Restraint of Trade › Chapter 2. Combinations Restraining Trade › 24-1-2-10. Person; Definition

Sec. 10. The words "person" or "persons" whenever used in this chapter shall be deemed to include corporations, associations, limited liability companies, joint stock companies, partnerships, limited or otherwise, existing under or authorized by the laws of the state of Indiana, or of the United States, or of any state, territory, or district of the United States, or of any foreign country.
Formerly: Acts 1907, c.243, s.10. As amended by P.L.152-1986, SEC.12; P.L.8-1993, SEC.335.
2023 Indiana Code › Title 24. Trade Regulation › Article 1. Combinations in Restraint of Trade › Chapter 2. Combinations Restraining Trade › 24-1-2-11. Examination of Witness or Party; Immunity From Criminal Prosecution

Sec. 11. Any person or officer, agent, or employee of a corporation may be examined as a witness or a party as in other cases, in any civil action instituted under the provisions of this chapter and required to disclose all the facts relevant to the case in the person's, officer's, agent's, or employee's knowledge as provided in this chapter, but the testimony of such witness or party or any answer to any question propounded to the witness or party in such examination shall not be used against such witness or party in any criminal prosecution except in case of perjury committed by the witness or party during the testimony or examination; and the witness or party shall not be liable to trial by indictment or affidavit or to punishment for any offense inquired about. However, that such exemption shall be personal to such witness and shall not exempt or render immune the corporation of which such witness shall be an officer, agent, or employee, and such corporation shall be as liable for any violation of this chapter as if such officer, agent, or employee had not so testified.
Formerly: Acts 1907, c.243, s.11; Acts 1923, c.82, s.2. As amended by P.L.152-1986, SEC.13; P.L.136-2018, SEC.137.
2023 Indiana Code › Title 24. Trade Regulation › Article 1. Combinations in Restraint of Trade › Chapter 2. Combinations Restraining Trade › 24-1-2-12. Cumulative and Supplemental Effect of Chapter

Sec. 12. The provisions of this chapter shall be held cumulative of or supplemental to each other and of all other laws in any way affecting them, or any matter which in any manner is the subject of this chapter in this state, and cumulative of and supplemental to the common law of this state relative thereto or to any thereof.
Formerly: Acts 1907, c.243, s.12. As amended by P.L.152-1986, SEC.14.