Indiana Uniform Securities Act

Indiana · Repealed · §§ 23-19-1-0.2 to 23-19-7-9 · 80 sections

Overview

This act governs the offer and sale of securities within a state, establishing a regulatory framework administered by a state securities authority. It defines the securities, transactions, and market participants subject to regulation, and requires broker-dealers, sales representatives, transfer agents, investment advisers, and their representatives to be licensed, with examination requirements, application and fee procedures, and exemptions for certain categories of firms and individuals. It also addresses fraud and deceit in connection with securities transactions, and extends coverage to specialized investment products such as viatical settlements.

Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.

In the courts

Sections of this act have been cited in 11 court decisions.

Most-cited authority: 950 F. Supp. 2d 993 - Indiana ex rel. Naylor v. Indiana State Teachers Ass'n

Sections covered

Ind. Code § 23-19-1-0.2Application of predecessor act1 cite
Ind. Code § 23-19-1-1Short title1 cite
Ind. Code § 23-19-1-2Definitions1 cite
Ind. Code § 23-19-1-3Federal statutes
Ind. Code § 23-19-1-4Construction in relation to corporation
Ind. Code § 23-19-1-5Official comments incorporated
Ind. Code § 23-19-2-1Exempt securities
Ind. Code § 23-19-2-2Exempt transactions
Ind. Code § 23-19-2-2.3Internet web site operators
Ind. Code § 23-19-2-2.4Repealed
Ind. Code § 23-19-2-2.6Repealed
Ind. Code § 23-19-2-3Additional exemptions; waivers
Ind. Code § 23-19-2-4Denial, suspension, revocation, condition, or limitation of exemptions; knowledge of order
Ind. Code § 23-19-2-5Rules
Ind. Code § 23-19-3-1Unlawful acts1 cite
Ind. Code § 23-19-3-2Registration of Securities and Notice Filing of Federal Covered Securities—Federal covered securities; filing and fee requirements; renewal of notice; failure to comply with notice or fee requirement; stop order
Ind. Code § 23-19-3-3Registration under Securities Act of 1933; registration by coordination; registration statement; required information; notice
Ind. Code § 23-19-3-4Registration by qualification; registration statement; required information; prospectus
Ind. Code § 23-19-3-5Registration of Securities and Notice Filing of Federal Covered Securities—Filing of registration statement; filing fee; required information; incorporation of previously filed record; nonissuer distribution; escrow and impoundment; effective period; reports; posteffective amendments; abandonment
Ind. Code § 23-19-3-6Stop orders; denial, suspension, or revocation of registration; standards; postponement; hearing; process; modification or vacating order
Ind. Code § 23-19-3-7Waiver or modification of requirements
Ind. Code § 23-19-4-1Broker-dealer registration; exemptions; restrictions on employment or association; foreign transactions
Ind. Code § 23-19-4-10Fees; transmittal of fee; exception
Ind. Code § 23-19-4-11Minimum financial requirements; financial reports; amendment; records; audits or inspections; insurance or posting bond; supervision; continuing education; compliance reports
Ind. Code § 23-19-4.1-1"Financial exploitation"
Ind. Code § 23-19-4.1-10Training resources for broker-dealers, investment advisers, and qualified individuals; availability on secretary of state's web site
Ind. Code § 23-19-4.1-11Commissioner's authority to adopt rules
Ind. Code § 23-19-4-11.5Prohibit selection of broker-dealer for completion of compliance report in consecutive years; prohibit selection of certain offices
Ind. Code § 23-19-4-12Denial, condition, revocation, suspension, or limitation of registration; censure, bar, or civil penalty for violation; grounds; examination; procedure
Ind. Code § 23-19-4.1-2Repealed
Ind. Code § 23-19-4.1-2.1"Financially vulnerable adult"
Ind. Code § 23-19-4-13Third party solicitor; required written disclosures; restrictions; exemptions
Ind. Code § 23-19-4.1-3"Immediate family member"
Ind. Code § 23-19-4.1-4"Protective agencies"
Ind. Code § 23-19-4.1-5"Qualified individual"
Ind. Code § 23-19-4.1-6Suspected financial exploitation of financially vulnerable adult; duty of qualified individual to report and notify commissioner; authorized additional notifications
Ind. Code § 23-19-4.1-7Qualified individual's authority to refuse to disburse funds; notice to protective agencies and parties on account; expiration of refusal; court order extending refusal or providing protective relief
Ind. Code § 23-19-4.1-8Immunity for broker-dealers, investment advisers, and qualified individuals; authority of commissioner to access books and records not impeded
Ind. Code § 23-19-4.1-9Authority of broker-dealers and investment advisers to provide relevant records to protective agencies or law enforcement; records confidential
Ind. Code § 23-19-4-2Agent registration; exemptions; restrictions on employment or association; restrictions if no affiliation
Ind. Code § 23-19-4-3Investment adviser registration; exemptions; restrictions on employment or association
Ind. Code § 23-19-4-4Investment adviser representative registration; exemptions; restrictions on conducting business; referrals1 cite
Ind. Code § 23-19-4-5Federal covered investment adviser requirements; exemptions; filing
Ind. Code § 23-19-4-6Application for initial registration; requirements; amendments; national criminal history background check for investment adviser representative; effective date; renewal; conditions and waivers
Ind. Code § 23-19-4-7Succession; organization change; name change; change of control
Ind. Code § 23-19-4-8Termination notice; transfer of employment or association; temporary registration; prevention or suspension of transfer; cancellation or termination of registration; reinstatement
Ind. Code § 23-19-4-9Withdrawal of registration
Ind. Code § 23-19-5-1Fraudulent or deceitful acts2 cites
Ind. Code § 23-19-5-10Rescission offers
Ind. Code § 23-19-5-11Violation of agreement
Ind. Code § 23-19-5-2Unlawful practices; investment advisers and investment adviser representatives; investment advisory contract
Ind. Code § 23-19-5-3Evidentiary burden
Ind. Code § 23-19-5-4Sales and advertising literature filing
Ind. Code § 23-19-5-5Filing false or misleading statements
Ind. Code § 23-19-5-6Filings related to fact of registration; unlawful act
Ind. Code § 23-19-5-7Qualified immunity
Ind. Code § 23-19-5-8Violations; felony; assistance in prosecution
Ind. Code § 23-19-5-9Civil liability; defense; rights and remedies; joint and several liability; right of contribution; statute of limitations; contractual waivers void2 cites
Ind. Code § 23-19-6-1Securities division; securities commissioner; unlawful use of nonpublic information; investor education initiatives; securities division enforcement account; securities restitution fund; assistance from attorney general; police powers
Ind. Code § 23-19-6-10Jurisdiction
Ind. Code § 23-19-6-11Consent to service of process; conduct constituting agent for service of process; procedures; continuances
Ind. Code § 23-19-6-12Repealed
Ind. Code § 23-19-6-2Investigations; subpoenas; depositions; relief; hearings; use immunity; certificate of compliance or noncompliance; witness fees
Ind. Code § 23-19-6-3Violations; injunctions; other remedies2 cites
Ind. Code § 23-19-6-4Violations; investigations; cease and desist orders and other orders; hearings; civil penalties; appeals; civil contempt; certified copy of order
Ind. Code § 23-19-6-5Rules, forms, and orders; financial statements; interpretive opinions and determinations; good faith conduct; public hearings
Ind. Code § 23-19-6-6Register of filings; availability to public; reasonable charge for furnishing copy
Ind. Code § 23-19-6-7Public records; inspection and copying; confidential records
Ind. Code § 23-19-6-8Uniformity objective; cooperation with agencies; policies
Ind. Code § 23-19-6-9Appeals from orders; transcripts; trial de novo
Ind. Code § 23-19-7-1"Commissioner"
Ind. Code § 23-19-7-10Right or obligation to present evidence to grand jury or share evidence in criminal investigation unaffected
Ind. Code § 23-19-7-2"Division"
Ind. Code § 23-19-7-3"Fund"
Ind. Code § 23-19-7-4"Informant"
Ind. Code § 23-19-7-5"Monetary sanction"
Ind. Code § 23-19-7-6"Original information"
Ind. Code § 23-19-7-7Award 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
Ind. Code § 23-19-7-8Considerations in determining amount of award
Ind. Code § 23-19-7-9Circumstances when award prohibited

Enacted in other states

Connecticut, Hawaii, Iowa, Idaho, Massachusetts, New Hampshire, New Mexico, Nevada, South Carolina, South Dakota, Utah, Vermont, West Virginia, Wyoming

All Indiana named statutes →

Download

Copy

Embed on your site

Hover to preview · click to copy the code

Search Wikipedia →