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Home » US Law » 2022 Indiana Code » Title 28. Financial Institutions » Article 15. Savings Associations » Chapter 2. Powers of Savings Associations » 28-15-2-1.5. Profit or Commission on Sales or Purchases; Necessity of Specific Authorization; Surcharge

Sec. 1.5. (a) Except for interest at the legal rate on a loan or advancement, a savings association may not, directly or indirectly, receive a profit or commission from the sale to or purchase from an estate, a guardianship, or a trust of which the savings association is the fiduciary unless the profit or commission is authorized by agreement with the creator of the trust or a court with jurisdiction over the estate, guardianship, or trust.

(b) A savings association that receives a profit or commission in violation of subsection (a) shall be surcharged an amount equal to the profit or commission. In addition, a court with jurisdiction over the estate, guardianship, or trust may remove the savings association as the fiduciary.

As added by P.L.192-2003, SEC.8.