reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 26. Commercial Law › Article 1. Uniform Commercial Code › Chapter 9.1. Secured Transactions › 26-1-9.1-902. Judicial Reviews of Financing Statements; Pro Se Motions

Sec. 902. (a) A person who believes that a financing statement is fraudulent under section 901 of this chapter may file a motion for judicial review of the financing statement.
(b) If a court determines that a financing statement is fraudulent, the court may:
(1) award the prevailing party all costs related to the review, including:
(A) filing fees;
(B) attorney's fees;
(C) administrative costs; and
(D) other reasonable costs;
(2) declare the financing statement ineffective; and
(3) order the office or agency that possesses the financing statement to terminate or purge the financing statement.
(c) The secretary of state shall create a form to assist pro se individuals with a filing described in this section, and shall post the form on the secretary of state's Internet web site.
As added by P.L.86-2013, SEC.4.
2023 Indiana Code › Title 26. Commercial Law › Article 1. Uniform Commercial Code › Chapter 10. Treatment of Inconsistent Statutes › 26-1-10-102. Specific Repealer

Sec. 102. (1) To the extent that the following statutes are inconsistent with IC 26-1-7, the statutes are repealed:
IC 32-33-14, dealing with liens for warehousing and forwarding.
IC 26-3-4, prescribing requirements of warehouse receipts for goods stored in another state.
(2) To the extent that the following statutes are inconsistent with IC 26-1, the statutes are repealed:
IC 26-2-3, governing the rights of parties on certain negotiable and non-negotiable instruments.
IC 30-2-4-3, concerning fiduciaries.
(3) To the extent that IC 34-1-2-1 (before its repeal), IC 34-1-2-2 (before its repeal), and IC 34-11-2 prescribe statutes of limitations inconsistent with IC 26-1-2-725, IC 26-1-2-725 prevails.
Formerly: Acts 1963, c.317, s.10-102. As amended by P.L.93-1985, SEC.39; P.L.1-1991, SEC.164; P.L.1-1998, SEC.136; P.L.2-2002, SEC.78.
2023 Indiana Code › Title 26. Commercial Law › Article 1. Uniform Commercial Code › Chapter 10. Treatment of Inconsistent Statutes › 26-1-10-104. Laws Not Repealed

Sec. 104. (1) IC 26-1-7 does not repeal or modify any laws prescribing the form or contents of documents of title or the services or facilities to be afforded by bailees, or otherwise regulating bailees' businesses in respects not specifically dealt with in IC 26-1; but, the fact that such laws are violated does not affect the status of a document of title which otherwise complies with the definition of a document of title (IC 26-1-1-201).
(2) IC 26-1 does not repeal IC 30-2-5, known as the Uniform Act for the Simplification of Fiduciary Security Transfers, and if in any respect there is any inconsistency between IC 30-2-5 and IC 26-1-8.1, the provisions of IC 30-2-5 control.
Formerly: Acts 1963, c.317, s.10-104. As amended by P.L.93-1985, SEC.40; P.L.247-1995, SEC.23.
2023 Indiana Code › Title 26. Commercial Law › Article 1. Uniform Commercial Code › Chapter 12. Controllable Electronic Records › 26-1-12-102. Definitions; Applicability of Definitions Concerning Secured Transactions; Applicability of General Definitions and Principles of Construction and Interpretation

Sec. 102. (a) In this chapter the following definitions apply:
(1) "Controllable electronic record" means a record stored in an electronic medium that can be subjected to control under section 105 of this chapter. The term does not include a controllable account, a controllable payment intangible, a deposit account, an electronic copy of a record evidencing chattel paper, an electronic document of title, investment property, a transferable record, or an electronic record that is currently authorized or adopted by a domestic or foreign government and is not a medium of exchange that was recorded and transferable in a system that existed and operated for the medium of exchange before the medium of exchange was authorized or adopted by a government.
(2) "Qualifying purchaser" means a purchaser:
(A) of a controllable electronic record; or
(B) of an interest in a controllable electronic record;
that obtains control of the controllable electronic record for value, in good faith, and without notice of a claim of a property right in the controllable electronic record.
(3) "Transferable record" has the meaning set forth in:
(A) Section 201(a)(1) of the Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7021(a)(1)); or
(B) IC 26-2-8-115(a).
(4) "Value" has the meaning set forth in IC 26-1-3.1-303(a), as if references in IC 26-1-3.1-303(a) to an "instrument" were references to a controllable account, a controllable electronic record, or a controllable payment intangible.
(b) The definitions in IC 26-1-9.1 of "account debtor", "controllable account", "controllable payment intangible", "chattel paper", "deposit account", and "investment property" apply throughout this chapter.
(c) The general definitions and principles of construction and interpretation set forth in IC 26-1-1 apply throughout this chapter.
As added by P.L.199-2023, SEC.90.
2023 Indiana Code › Title 26. Commercial Law › Article 1. Uniform Commercial Code › Chapter 12. Controllable Electronic Records › 26-1-12-103. Preemption by Statute Concerning Secured Transactions; Applicability of Laws Governing Consumer Transactions

Sec. 103. (a) If there is a conflict between this chapter and IC 26-1-9.1, IC 26-1-9.1 governs.
(b) A transaction subject to this chapter is subject to:
(1) any applicable rule of law that establishes a different rule for consumers; and
(2) any:
(A) other statute or regulation that regulates the rates, charges, agreements, and practices for loans, credit sales, or other extensions of credit, including IC 24-4.5; and
(B) consumer protection statute or regulation.
As added by P.L.199-2023, SEC.90.
2023 Indiana Code › Title 26. Commercial Law › Article 1. Uniform Commercial Code › Chapter 12. Controllable Electronic Records › 26-1-12-104. Rights of Purchaser and Qualifying Purchaser in Controllable Accounts, Controllable Payment Intangibles, and Controllable Electronic Records; Filing of Financing Statement Ineffective as Notice of Claim of Property Right in Controllable Electronic Record

Sec. 104. (a) This section applies to the acquisition and purchase rights in a controllable account or a controllable payment intangible, including the rights and benefits under subsections (c), (d), (e), (g), and (h) of a purchaser and a qualifying purchaser, in the same manner that this section applies with respect to a controllable electronic record.
(b) For purposes of determining whether a purchaser of a controllable account or a controllable payment intangible is a qualifying purchaser, the purchaser obtains control of the account or the payment intangible if the purchaser obtains control of the controllable electronic record that evidences the account or the payment intangible.
(c) Except as provided in this section, law other than this chapter determines:
(1) whether a person acquires a right in a controllable electronic record; and
(2) the right the person acquires.
(d) A purchaser of a controllable electronic record acquires all rights in the controllable electronic record that the transferor had or had the power to transfer. However, a purchaser of a limited interest in a controllable electronic record acquires rights only to the extent of the interest purchased.
(e) A qualifying purchaser acquires the qualifying purchaser's rights in a controllable electronic record free of a claim of a property right in the controllable electronic record.
(f) Except as provided in subsections (a) and (e) with respect to a controllable account or a controllable payment intangible, or in law other than this chapter, a qualifying purchaser takes:
(1) a right to payment;
(2) a right to performance; or
(3) another interest in property;
that is evidenced by a controllable electronic record subject to a claim of a property right in the right to payment, right to performance, or other interest in property.
(g) An action may not be asserted against a qualifying purchaser based on both:
(1) a purchase by the qualifying purchaser of a controllable electronic record; and
(2) a claim of a property right in another controllable electronic record;
regardless of whether the action is framed in conversion, replevin, constructive trust, equitable lien, or another theory.
(h) The filing of a financing statement under IC 26-1-9.1 is not notice of a claim of property right in a controllable electronic record.
As added by P.L.199-2023, SEC.90.
2023 Indiana Code › Title 26. Commercial Law › Article 1. Uniform Commercial Code › Chapter 12.5. Transitional Provisions for Uniform Commercial Code Amendments (2022) › 26-1-12.5-101. Citation of Statute

Sec. 101. This chapter may be cited as Transitional Provisions for Uniform Commercial Code Amendments (2022).
As added by P.L.199-2023, SEC.91.
2023 Indiana Code › Title 26. Commercial Law › Article 1. Uniform Commercial Code › Chapter 12.5. Transitional Provisions for Uniform Commercial Code Amendments (2022) › 26-1-12.5-102. Definitions; Applicability of Definitions Concerning Secured Transactions; Applicability of General Definitions and Principles of Construction and Interpretation

Sec. 102. (a) In this chapter, the following terms have the following meanings:
(1) The following terms have the following meanings:
(A) "Act" refers to the amendments to IC 26-1 that:
(i) were made during the 2023 regular session of the general assembly; and
(ii) took effect July 1, 2023.
(B) "Adjustment date" means July 1, 2025.
(2) "Chapter 12" refers to IC 26-1-12.
(3) "Chapter 12 property" means a controllable account, a controllable electronic record, or a controllable payment intangible.
(b) The following definitions in other chapters of IC 26-1 apply to this chapter:
"Controllable account". IC 26-1-9.1-102.
"Controllable electronic record". IC 26-1-12-102.
"Controllable payment intangible". IC 26-1-9.1-102.
"Financing statement". IC 26-1-9.1-102.
(c) IC 26-1-1 contains general definitions and principles of construction and interpretation that apply throughout this chapter.
As added by P.L.199-2023, SEC.91.
2023 Indiana Code › Title 26. Commercial Law › Article 1. Uniform Commercial Code › Chapter 12.5. Transitional Provisions for Uniform Commercial Code Amendments (2022) › 26-1-12.5-201. Validity of Transactions Entered Into Before July 1, 2023

Sec. 201. Except as provided in sections 301 through 306 of this chapter, a transaction validly entered into before July 1, 2023, and the rights, duties, and interests flowing from the transaction remain valid after June 30, 2023, and may be terminated, completed, consummated, or enforced as required or permitted by law other than IC 26-1 or, if applicable, by IC 26-1 as though the act had not taken effect.
As added by P.L.199-2023, SEC.91.
2023 Indiana Code › Title 26. Commercial Law › Article 1. Uniform Commercial Code › Chapter 12.5. Transitional Provisions for Uniform Commercial Code Amendments (2022) › 26-1-12.5-301. Transaction, Lien, or Interest Entered Into, Created, or Acquired Before July 1, 2023; Validity; Applicability of Act; Existing Actions, Cases, or Proceedings Not Affected

Sec. 301. (a) Except as otherwise provided in this section or in sections 302 through 306 of this chapter:
(1) IC 26-1-9.1, as amended by the act; and
(2) IC 26-1-12;
apply to a transaction, lien, or interest in property, even if the transaction, lien, or interest was entered into, created, or acquired before July 1, 2023.
(b) Except as provided in subsection (c) and in sections 302 through 306 of this chapter:
(1) a transaction, lien, or interest in property that was validly entered into, created, or transferred before July 1, 2023, and was not governed by IC 26-1, but would be subject to:
(A) IC 26-1-9.1, as amended by the act; or
(B) IC 26-1-12;
if it had been entered into, created, or transferred on or after July 1, 2023, including the rights, duties, and interests flowing from the transaction, lien, or interest, remain valid on and after July 1, 2023; and
(2) the transaction, lien, or interest may be terminated, completed, consummated, and enforced as required or permitted by:
(A) the act; or
(B) the law that would apply if the act had not taken effect.
(c) The act does not affect an action, case, or proceeding commenced before July 1, 2023.
As added by P.L.199-2023, SEC.91.
2023 Indiana Code › Title 26. Commercial Law › Article 1. Uniform Commercial Code › Chapter 12.5. Transitional Provisions for Uniform Commercial Code Amendments (2022) › 26-1-12.5-302. Security Interest Enforceable and Perfected on June 30, 2023; Conditions and Time Frame for Continued Enforceability and Perfection After June 30, 2023

Sec. 302. (a) A security interest that is enforceable and perfected on June 30, 2023, is a perfected security interest under the act if, on July 1, 2023, the requirements for enforceability and perfection under the act are satisfied without further action.
(b) If a security interest is enforceable and effective on June 30, 2023, but the requirements for enforceability and perfection under the act are not satisfied on July 1, 2023, the security interest:
(1) is a perfected security interest until the earlier of:
(A) the time perfection would have ceased under IC 26-1 as in effect on June 30, 2023; or
(B) the adjustment date;
(2) remains enforceable on or after the time specified in subdivision (1) only if the security interest satisfies the requirements for enforceability under IC 26-1-9.1-203, as amended by the act, before the adjustment date; and
(3) remains perfected on or after the time specified in subdivision (1) only if the requirements for perfection under the act are satisfied before the time specified in subdivision (1).
As added by P.L.199-2023, SEC.91.
2023 Indiana Code › Title 26. Commercial Law › Article 1. Uniform Commercial Code › Chapter 12.5. Transitional Provisions for Uniform Commercial Code Amendments (2022) › 26-1-12.5-303. Security Interest Enforceable but Unperfected on June 30, 2023; Conditions and Time Frame for Continued Enforceability; Conditions and Effective Date for Perfection

Sec. 303. A security interest that is enforceable on June 30, 2023, but is unperfected on June 30, 2023:
(1) remains an enforceable security interest until the adjustment date;
(2) remains enforceable on or after the adjustment date if the security interest becomes enforceable under IC 26-1-9.1-203, as amended by the act, on July 1, 2023, or before the adjustment date; and
(3) becomes perfected;
(A) without further action on July 1, 2023, if the requirements for perfection under the act are satisfied before or on July 1, 2023; or
(B) when the requirements for perfection under the act are satisfied if the requirements are satisfied after July 1, 2023.
As added by P.L.199-2023, SEC.91.
2023 Indiana Code › Title 26. Commercial Law › Article 1. Uniform Commercial Code › Chapter 12.5. Transitional Provisions for Uniform Commercial Code Amendments (2022) › 26-1-12.5-304. Action Other Than Filing Taken Before July 1, 2023, to Perfect Security Interest; Perfection Effective Until Adjustment Date; Conditions for Effectiveness of Financing Statement Filed Before July 1, 2023, to Perfect Security Interest; Sufficiency of Action Taken Before July 1, 2023, With Respect to Enforceability

Sec. 304. (a) If action, other than the filing of a financing statement, is taken before July 1, 2023, and the action would have resulted in perfection of a security interest had the security interest become enforceable before July 1, 2023, the action is effective to perfect a security interest that attaches under the act before the adjustment date. An attached security interest becomes unperfected on the adjustment date unless the security interest becomes a perfected security interest under the act before the adjustment date.
(b) The filing of a financing statement before July 1, 2023, is effective to perfect a security interest on July 1, 2023, to the extent the filing would satisfy the requirements for perfection under the act.
(c) The taking of an action before July 1, 2023, is sufficient for the enforceability of a security interest on July 1, 2023, if the action would satisfy the requirements for enforceability under the act.
As added by P.L.199-2023, SEC.91.
2023 Indiana Code › Title 26. Commercial Law › Article 1. Uniform Commercial Code › Chapter 12.5. Transitional Provisions for Uniform Commercial Code Amendments (2022) › 26-1-12.5-305. Determination of Priority of Conflicting Claims to Collateral

Sec. 305. (a) Subject to subsections (b) and (c), the act determines the priority of conflicting claims to collateral.
(b) Subject to subsection (c), if the priorities of claims to collateral were established before July 1, 2023, IC 26-1-9.1 as in effect before July 1, 2023, determines priority.
(c) On the adjustment date, to the extent the priorities determined by IC 26-1-9.1, as amended by the act, modify the priorities established before July 1, 2023, the priorities of claims to chapter 12 property established before July 1, 2023, cease to apply.
As added by P.L.199-2023, SEC.91.
2023 Indiana Code › Title 26. Commercial Law › Article 1. Uniform Commercial Code › Chapter 12.5. Transitional Provisions for Uniform Commercial Code Amendments (2022) › 26-1-12.5-306. Determination of Priority of Conflicting Claims to Controllable Accounts, Controllable Electronic Records, and Controllable Payment Intangibles

Sec. 306. (a) Subject to subsections (b) and (c), chapter 12 determines the priority of conflicting claims to chapter 12 property when the priority rules of IC 26-1-9.1, as amended by the act, do not apply.
(b) Subject to subsection (c), when the priority rules of IC 26-1-9.1, as amended by the act, do not apply and the priorities of claims to chapter 12 property were established before July 1, 2023, law other than chapter 12 determines priority.
(c) When the priority rules of IC 26-1-9.1, as amended by the act, do not apply, to the extent the priorities determined by the act modify the priorities established before July 1, 2023, the priorities of claims to chapter 12 property established before July 1, 2023, cease to apply on the adjustment date.
As added by P.L.199-2023, SEC.91.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 1. Liability of Buyer for Goods Bought From Unlicensed Seller › 26-2-1-1. Liability of Unlicensed Buyer for Goods Purchased to Conduct Business Requiring License

Sec. 1. Whenever any person or persons shall purchase any goods, wares, or merchandise for the purpose of using or selling the same in any business for the carrying on of which any statute of this state requires the person or persons so carrying on such business to procure a license, such person or persons at the time of purchasing such goods, wares, or merchandise not having procured such license, such person or persons shall nevertheless be liable to the seller thereof for the reasonable value or contract price of such goods, wares, or merchandise, and in any action brought by such seller to recover the value or contract price of the goods, wares, or merchandise so purchased, it shall not be a valid defense to such action that the purchaser or purchasers or either of them were not, at the time of such purchase, licensed as required by law to retail the same or to carry on the business for which they were purchased; provided, however, that the provisions of this section shall in no wise affect or lessen the criminal liability of such person or persons doing such business without having a license so to do.
Formerly: Acts 1899, c.159, s.1. As amended by P.L.152-1986, SEC.300.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 2. Mortgage of Household Goods › 26-2-2-1. Mortgagee's Power of Sale Proscribed; Judicial Sale

Sec. 1. No mortgage of household goods which may be executed after March 8, 1897, shall authorize the mortgagee to sell such mortgaged property, and any provision in any such mortgage giving the mortgagee the power of sale shall be void. But every sale of household goods to satisfy a mortgage thereon shall be under a judicial proceeding, in which such mortgage shall be foreclosed in the circuit or superior court.
Formerly: Acts 1897, c.176, s.1. As amended by P.L.152-1986, SEC.301.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 2. Mortgage of Household Goods › 26-2-2-2. Restriction on Mortgagee's Right of Possession

Sec. 2. The mortgagee of household goods shall not be entitled to the possession of the mortgaged property unless the mortgage specially provides that the mortgagee shall have possession of the mortgaged property from the time the mortgage is executed until sale, as provided in this chapter, and the mortgagee takes actual possession of such property when the mortgage is executed and holds it continuously until sale. In all other cases, the possession of the mortgaged property shall remain in the mortgagor until he is divested of his title by sale, as provided in section 1 of this chapter.
Formerly: Acts 1897, c.176, s.2. As amended by P.L.152-1986, SEC.302.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 2. Mortgage of Household Goods › 26-2-2-3. Duty to Receipt for Payments Made

Sec. 3. It shall be the duty of the holder of any mortgage on household goods, or the agent of such holder or mortgagee whose duty it is to receive money on such mortgage, when any money, check or anything taken in payment on such mortgage or interest due thereon, is received by them from the mortgagor or from any person acting for the mortgagor, to give to the mortgagor or person making the payment a receipt specifying the amount paid and stating the unpaid balance, if any. However, no receipt is required where payment is made by check. If any such holder or mortgagee or the agent of such holder or mortgagee whose duty it is to receive such payments, shall fail to execute and deliver such receipt to the mortgagor, such mortgage shall be void.
Formerly: Acts 1897, c.176, s.3; Acts 1957, c.188, s.1; Acts 1973, P.L.267, SEC.1. As amended by Acts 1977, P.L.279, SEC.1.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 3. Negotiable Instruments › 26-2-3-1. Negotiability by Endorsement

Sec. 1. All promissory notes, bills of exchange, bonds or other instruments in writing, signed by any person who promises to pay money, or acknowledges money to be due, or for the delivery of a specific article, or to convey property, or to perform any stipulation therein mentioned, shall be negotiable by endorsement thereon, so as to vest the property thereof in each endorsee successively.
Formerly: Acts 1861, c.75, s.1.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 3. Negotiable Instruments › 26-2-3-3. Availability of Defense or Set-Off Against Assignee

Sec. 3. Whatever defense or setoff the maker of any such instrument had, before notice of assignment, against an assignor, or against the original payee, he shall have also against their assignees.
Formerly: Acts 1861, c.75, s.3.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 3. Negotiable Instruments › 26-2-3-4. Assignee's Right of Action Against Endorsers; Defenses

Sec. 4. Any such assignee, having used due diligence in the premises, shall have his action against his immediate or any remote endorser, and in suit against a remote endorser, he shall have any defense which he might have had in a suit brought by his immediate assignee.
Formerly: Acts 1861, c.75, s.4.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 3. Negotiable Instruments › 26-2-3-5. Construction of Law

Sec. 5. The provisions of sections 3 and 4 of this chapter shall not alter the law relative to bills of exchange as it exists on July 5, 1861.
Formerly: Acts 1861, c.75, s.5. As amended by P.L.152-1986, SEC.303.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 3. Negotiable Instruments › 26-2-3-6. Negotiability of Notes Payable to Order or Bearer in a Bank

Sec. 6. Notes payable to order or bearer in a bank in this state shall be negotiable as inland bills of exchange, and the payees and endorsees thereof may recover as in case of such bills.
Formerly: Acts 1861, c.75, s.6.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 3. Negotiable Instruments › 26-2-3-7. Damages Payable on Protest for Nonpayment or Nonacceptance of Bill of Exchange

Sec. 7. Damages payable on protest for nonpayment or nonacceptance of a bill of exchange, drawn or negotiated within this state, shall be, if drawn upon any person at any place out of this state, but within the United States, five per cent (5%), but if upon any person at any place without the United States, ten per cent (10%) on the principal of such bill.
Formerly: Acts 1861, c.75, s.7.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 3. Negotiable Instruments › 26-2-3-8. Interest on Protested Bill of Exchange

Sec. 8. Beyond such damages, no interest or charges accruing prior to protest shall be allowed, but interest from the date of the protest may be recovered.
Formerly: Acts 1861, c.75, s.8.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 3. Negotiable Instruments › 26-2-3-10. Limitation of Damages Against Drawer or Endorser of Protested Bill of Exchange

Sec. 10. No damages beyond cost of protest shall be chargeable against drawer or endorser, if, upon notice of protest and demand of the principal sum, the same is paid.
Formerly: Acts 1861, c.75, s.10.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 3. Negotiable Instruments › 26-2-3-11. Necessity of Consideration

Sec. 11. No holder of a bill of exchange shall recover damages thereon, if he has not given for the same, or for some interest therein, a valuable consideration.
Formerly: Acts 1861, c.75, s.11.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 3. Negotiable Instruments › 26-2-3-12. Bill Payable Out of State; Effect of Provision of Means for Discharge Within State

Sec. 12. On any bill drawn or negotiated in this state, and payable at any place without the state, but in regard to which it shall appear that it was not to be presented for acceptance or payment at that place, if means were provided for its discharge within the state, no damages or charges for protest shall be allowed.
Formerly: Acts 1861, c.75, s.12.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 3. Negotiable Instruments › 26-2-3-13. Exclusion of Notes Discounted by Bank

Sec. 13. The provisions of this chapter relating to damages on bills of exchange shall not apply to promissory notes discounted by a bank, and protested for nonpayment.
Formerly: Acts 1861, c.75, s.13. As amended by P.L.152-1986, SEC.304.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 3. Negotiable Instruments › 26-2-3-14. Judgment and Execution

Sec. 14. Upon any instrument of writing, made within this state or elsewhere, containing a promise to pay money without relief from valuation laws, judgment shall be rendered and execution had accordingly.
Formerly: Acts 1861, c.75, s.15.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 5. Construction or Design Contracts; Indemnity Agreements Invalid › 26-2-5-1. "Construction or Design Contract"; Indemnity Agreements Against Public Policy as Void and Unenforceable; Exceptions

Sec. 1. (a) As used in this section, "construction or design contract" includes a design-build contract under which all of the following for the same project are included:
(1) Architectural, engineering, and related design services.
(2) Labor, materials, and other construction services.
(b) All provisions, clauses, covenants, or agreements contained in, collateral to, or affecting any construction or design contract, except those pertaining to highway contracts, which purport to indemnify the promisee against liability for:
(1) death or bodily injury to persons;
(2) injury to property;
(3) design defects; or
(4) any other loss, damage, or expense arising under subdivision (1), (2), or (3);
from sole negligence or willful misconduct of the promisee are against public policy and are void and unenforceable. Sole negligence does not include vicarious liability, imputed negligence, or assumption of a nondelegable duty.
Formerly: Acts 1975, P.L.276, SEC.1. As amended by P.L.65-2019, SEC.1.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 5. Construction or Design Contracts; Indemnity Agreements Invalid › 26-2-5-2. Uninsurable Facility Excepted

Sec. 2. This chapter does not apply to a construction or design contract if liability insurance normally available within the United States at standard rates cannot be obtained for the facility being constructed or designed because it constitutes a dangerous instrumentality.
Formerly: Acts 1975, P.L.276, SEC.1.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 5. Construction or Design Contracts; Indemnity Agreements Invalid › 26-2-5-4. Void and Unenforceable Terms

Sec. 4. (a) This section applies to contracts entered into on or after July 1, 2019.
(b) All provisions, clauses, covenants, or agreements contained in, collateral to, or affecting a contract pertaining to professional services of design professionals, architects, landscape architects, surveyors, engineers, geologists, or geotechnical and environmental consultants that purport to:
(1) require the professional to defend the promisee against a professional liability claim; or
(2) indemnify the promisee against liability other than liability for damages and losses arising out of third party claims to the extent the damages and losses are caused by the professional's willful misconduct or negligence;
are against public policy and are void and unenforceable.
As added by P.L.65-2019, SEC.2.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 6. Service for Audio or Visual Entertainment Products › 26-2-6-1. Definitions

Sec. 1. The following definitions apply throughout this chapter:
(1) "Adequate service information" means facts sufficient to enable a service representative or independent service facility to repair a product, including detailed schematic diagrams, operational voltages, and parts identification.
(2) "Audio or visual entertainment product" means an electronic product that:
(A) generates electronic signals or uses amplification devices, such as a radio, an item of audio playback or recording equipment, a television, or a video playback or recording unit; and
(B) is purchased by a consumer primarily for personal, family, or household uses and not for business or agricultural uses.
(3) "Authorized service representative" means until July 1, 1996, any dealer of audio or visual entertainment products licensed under IC 25-36-1 (repealed) who has been designated by a manufacturer as one (1) of the dealers who will be reimbursed for service or repairs that the dealer may render, including labor or parts, in connection with an express warranty of the product made by the manufacturer.
(4) "Independent service facility" means any dealer of audio or visual entertainment products who:
(A) has not been designated an "authorized service representative" by a manufacturer;
(B) services audio or visual entertainment products without reimbursement from the manufacturer in connection with an express warranty made by the manufacturer; and
(C) until July 1, 1996, is licensed as a television and radio service technician under IC 25-36-1 (repealed).
As added by P.L.254-1983, SEC.2. Amended by P.L.234-1995, SEC.29; P.L.42-2011, SEC.59.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 6. Service for Audio or Visual Entertainment Products › 26-2-6-2. Duty of Manufacturer Under Express Warranty

Sec. 2. A manufacturer who makes an express warranty in connection with the sale of an audio or visual entertainment product shall do the following:
(1) Authorize a representative within a designated service area to provide any service or repair required under the terms of the warranty.
(2) Reimburse the authorized service representative for any service or repair, including labor and parts, made in connection with the express warranty in an amount negotiated between the manufacturer and the authorized service representative. However, reimbursement or exchange for all parts used in such warranty repairs shall include all transportation costs and a reasonable fee for handling. The handling fee is to be negotiated as part of the authorization proceedings.
(3) Except for audio or visual entertainment products having a retail selling price less than fifty dollars ($50), make available to service representatives or independent service facilities adequate service information and replacement parts for the audio or visual entertainment product for at least seven (7) years after the date that product model or type was manufactured, regardless of whether the product is still under warranty.
(4) Make available any service part to service representatives or independent service facilities within forty-five (45) days of receipt of an order for that part, regardless of whether the product is still under warranty; however, if a delay in providing that part is caused by conditions beyond the control of the manufacturer, the manufacturer shall provide the service representative or independent service facility with a replacement part promptly upon termination of the condition causing the delay.
As added by P.L.254-1983, SEC.2.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 6. Service for Audio or Visual Entertainment Products › 26-2-6-3. Timeliness of Service or Repair

Sec. 3. Whenever authorized service representatives or independent service facilities undertake to service or repair an audio or visual entertainment product, they shall:
(1) provide services or make repairs on the product within forty-five (45) days of receipt of that product, regardless of whether the product is covered by an express warranty; or
(2) if a part necessary to effect the repair or service is not immediately available:
(A) notify the consumer requesting the service or repair that the part is not immediately available and order the necessary part, within fifteen (15) days of receipt of the product; and
(B) repair or service the product within thirty (30) days of receipt of the ordered part, unless the consumer agrees otherwise.
However, if a delay in completing the requested service or repair is caused by a condition beyond the control of the authorized service representative or independent service facility, the authorized service representative or independent service facility shall repair or service the audio or visual entertainment product upon termination of the condition causing the delay.
As added by P.L.254-1983, SEC.2. Amended by P.L.42-2011, SEC.60.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 6. Service for Audio or Visual Entertainment Products › 26-2-6-4. Actions by Consumers to Recover Damages

Sec. 4. A consumer may bring an action on his own behalf to recover damages resulting from a violation of this chapter. In addition to any other remedies available to the consumer, the court may:
(1) order replacement of the audio or visual entertainment product, the cost of which is to be borne by the manufacturer, manufacturer's agent or importer; or
(2) order damages in an amount equal to three (3) times the damages sustained due to the violation, plus reasonable attorney's fees.
As added by P.L.254-1983, SEC.2.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 6. Service for Audio or Visual Entertainment Products › 26-2-6-5. Injunctive Relief

Sec. 5. (a) The attorney general may bring an action on behalf of the state to obtain an injunction to enjoin noncompliance with this chapter. In this action the court may:
(1) order replacement of the audio or visual entertainment product, the cost of which is to be borne by the manufacturer, manufacturer's agent or importer;
(2) order a person who violates section 2 or section 3 of this chapter to pay restitution to the aggrieved party; or
(3) void or limit the application of:
(A) contracts; or
(B) contract clauses;
that are in conflict with this chapter.
(b) The court issuing an injunction under this chapter shall retain jurisdiction and the cause shall be continued.
As added by P.L.254-1983, SEC.2.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 6. Service for Audio or Visual Entertainment Products › 26-2-6-6. Violations; Action for Recovery of Penalties

Sec. 6. (a) A person who knowingly violates this chapter commits a Class C infraction. Each violation of this chapter constitutes a separate infraction.
(b) In addition to any other available legal remedy, a person who violates the terms of an injunction issued under section 5 of this chapter commits a Class A infraction. Each violation of the terms of an injunction issued under section 5 of this chapter constitutes a separate infraction. Whenever the court determines that the terms of an injunction issued under section 5 of this chapter have been violated, the court shall award reasonable costs to the state.
(c) Notwithstanding IC 34-28-5-1(a), the prosecuting attorney or the attorney general in the name of the state may bring an action to petition for the recovery of the penalties outlined in this section.
As added by P.L.254-1983, SEC.2. Amended by P.L.1-1998, SEC.137; P.L.101-2009, SEC.15; P.L.198-2016, SEC.658.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 6. Service for Audio or Visual Entertainment Products › 26-2-6-7. Actions by Service Representatives or Facilities to Recover for Violations

Sec. 7. An authorized service representative or independent service facility may bring an action on his own behalf to recover for a violation of this chapter, and, in addition to other remedies, may obtain damages in an amount equal to three (3) times the damages sustained due to the violation, plus reasonable attorney fees.
As added by P.L.254-1983, SEC.2.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 7. Penalties for Stopping Payments or Permitting Dishonor of Checks and Drafts › 26-2-7-2. Financial Institution

Sec. 2. (a) As used in this chapter, "financial institution" refers to a financial institution (as defined in IC 28-1-1-3).
(b) The term does not include a person licensed under IC 24-4.5.
As added by P.L.42-1993, SEC.18. Amended by P.L.10-2006, SEC.24 and P.L.57-2006, SEC.24; P.L.213-2007, SEC.33; P.L.217-2007, SEC.31.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 7. Penalties for Stopping Payments or Permitting Dishonor of Checks and Drafts › 26-2-7-3. Notice of Nonpayment

Sec. 3. For purposes of this chapter, notice that a check has not been paid by a financial institution is considered as having been given at the time that the notice was deposited in the regular United States mail, if the notice was addressed to either of the following:
(1) The address printed on the check.
(2) The address given by the person in writing to the payee or holder at the time the check was issued or delivered.
As added by P.L.42-1993, SEC.18.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 7. Penalties for Stopping Payments or Permitting Dishonor of Checks and Drafts › 26-2-7-4. Liability for Stopping Payment or Permitting Dishonor of Checks

Sec. 4. Subject to section 8 of this chapter, a person found liable under other applicable law is liable under this chapter to the holder of a check if the person executed and delivered the check to another person drawn on or payable at a financial institution and the person does either of the following:
(1) Without valid legal cause stops payment on the check.
(2) Allows the check to be dishonored by a financial institution because of any of the following:
(A) Lack of funds.
(B) Failure to have an account.
(C) Lack of an authorized signature of the drawer or a necessary endorser.
As added by P.L.42-1993, SEC.18.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 7. Penalties for Stopping Payments or Permitting Dishonor of Checks and Drafts › 26-2-7-5. Extent of Liability for Stopping Payment or Permitting Dishonor of Checks

Sec. 5. A person liable under section 4 of this chapter is also liable for all of the following:
(1) Interest at the rate of eighteen percent (18%) per annum on the face amount of the check from the date of the check's execution until payment is made in full.
(2) Court costs incurred in prosecuting an action that may be brought by the holder to collect on the check.
(3) Reasonable attorney's fees incurred by the holder if the responsibility for collection is referred to an attorney who is not a salaried employee of the holder. If legal action is filed to effect collection and the collection on the check is referred to an attorney who is not a salaried employee of the holder, the holder of the check is entitled to minimum attorney's fees of not less than one hundred dollars ($100).
(4) Actual travel expenses not otherwise reimbursed under subdivisions (1) through (3) and incurred by the holder to do either of the following:
(A) Have the holder or an employee or agent of the holder file papers and attend court proceedings related to the recovery of a judgment under this chapter.
(B) Provide witnesses to testify in court proceedings related to the recovery of a judgment under this chapter.
(5) A reasonable amount to compensate the holder for time used to do either of the following:
(A) File papers and attend court proceedings related to the recovery of a judgment under this chapter.
(B) Travel to and from activities described in clause (A).
(6) Actual direct and indirect expenses incurred by the holder to compensate employees and agents for time used to do either of the following:
(A) File papers and attend court proceedings related to the recovery of a judgment under this section.
(B) Travel to and from activities described in clause (A).
(7) All other reasonable costs of collection.
As added by P.L.42-1993, SEC.18.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 7. Penalties for Stopping Payments or Permitting Dishonor of Checks and Drafts › 26-2-7-6. Liability for Continued Nonpayment of Checks

Sec. 6. (a) This section does not apply to a person who has allowed a check to be dishonored because of lack of funds if both of the following apply:
(1) The person reasonably believed that there were sufficient funds in the account to cover the check.
(2) The insufficiency of funds is caused by the dishonoring of a third party check that had been deposited into the person's account.
(b) If a person liable under this chapter does not pay to the holder the full amount of the check not more than thirty (30) days after the certified mailing of written notice that the check has not been paid, the person is liable for, and the court shall award judgment for, the following, whichever applies:
(1) If the face amount of the check is not greater than two hundred fifty dollars ($250), three (3) times the face amount of the check.
(2) If the face amount of the check is greater than two hundred fifty dollars ($250), the face amount of the check plus five hundred dollars ($500).
As added by P.L.42-1993, SEC.18.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 7. Penalties for Stopping Payments or Permitting Dishonor of Checks and Drafts › 26-2-7-7. Election of Remedies

Sec. 7. A person must elect whether to pursue a claim either under this chapter or under IC 34-24-3-1 (or IC 34-4-30-1 before its repeal).
As added by P.L.42-1993, SEC.18. Amended by P.L.1-1998, SEC.138.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 7. Penalties for Stopping Payments or Permitting Dishonor of Checks and Drafts › 26-2-7-8. Exemption From Liability for Permitting Dishonor of Checks

Sec. 8. (a) A person who has allowed a check to be dishonored is not liable under this chapter if, not more than ten (10) days after the holder has given notice that the check has not been paid by the financial institution, the person pays to the holder the full amount of the check.
(b) A payment made under subsection (a) is effective for all purposes as of the date the payment is made.
As added by P.L.42-1993, SEC.18.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 8. Uniform Electronic Transactions Act › 26-2-8-103. Scope

Sec. 103. (a) Except as otherwise provided in subsection (b), this chapter applies to electronic records and electronic signatures that relate to a transaction.
(b) This chapter does not apply to transactions subject to the following laws:
(1) A law governing the creation and execution of wills, codicils, or testamentary trusts.
(2) IC 26-1 other than IC 26-1-1-107, IC 26-1-1-206, IC 26-1-2, and IC 26-1-2.1.
(3) Laws specifically excluded by a governmental agency under sections 201 and 202 of this chapter.
(c) This chapter applies to an electronic record or electronic signature otherwise excluded from the application of this chapter under subsection (b) when used for transactions subject to a law other than those specified in subsection (b).
(d) A transaction subject to this chapter is also subject to other applicable substantive law.
As added by P.L.62-2000, SEC.1. Amended by P.L.46-2001, SEC.1.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 8. Uniform Electronic Transactions Act › 26-2-8-105. Construction and Application

Sec. 105. This chapter must be construed and applied:
(1) to facilitate electronic transactions consistent with other applicable law;
(2) to be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and
(3) to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
As added by P.L.62-2000, SEC.1.
2023 Indiana Code › Title 26. Commercial Law › Article 2. Commercial Transactions › Chapter 8. Uniform Electronic Transactions Act › 26-2-8-106. Legal Recognition of Electronic Records, Electronic Signatures, and Electronic Contracts

Sec. 106. (a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.
(b) A contract may not be denied legal effect or enforceability solely because an electronic record or electronic signature was used in its formation.
(c) If a law requires a record to be in writing, or provides consequences if it is not, an electronic record satisfies the law.
(d) If a law requires a signature, or provides consequences in the absence of a signature, the law is satisfied with respect to an electronic record if the electronic record includes an electronic signature.
As added by P.L.62-2000, SEC.1. Amended by P.L.110-2008, SEC.12.