23-19-5-1. Fraudulent or Deceitful Acts
Sec. 1. It is unlawful for a person, in connection with the offer, sale, or purchase of a security, directly or indirectly: (1) to employ a device, scheme, or artifice to defraud; (2) to make an untrue statement of a material fact or to omit to state a material fact necessary in order to make […]
23-19-5-2. Unlawful Practices; Investment Advisers and Investment Adviser Representatives; Investment Advisory Contract
Sec. 2. (a) It is unlawful for a person that advises others for compensation, either directly or indirectly or through publications or writings, as to the value of securities or the advisability of investing in, purchasing, or selling securities or that, for compensation and as part of a regular business, issues or promulgates analyses or […]
23-19-5-3. Evidentiary Burden
Sec. 3. (a) In a civil action or administrative proceeding under this article, a person claiming an exemption, exception, preemption, or exclusion has the burden to prove the applicability of the claim. (b) In a criminal proceeding under this article, a person claiming an exemption, exception, preemption, or exclusion has the burden of going forward […]
23-19-5-4. Sales and Advertising Literature Filing
Sec. 4. (a) Except as otherwise provided in subsection (b), a rule adopted or order issued under this article may require the filing of a prospectus, a pamphlet, a circular, a form letter, an advertisement, sales literature, or other advertising record relating to a security or investment advice, addressed or intended for distribution to prospective […]
23-19-5-5. Filing False or Misleading Statements
Sec. 5. It is unlawful for a person to make or cause to be made, in a record that is used in an action or proceeding or filed under this article, a statement that, at the time and in the light of the circumstances under which it is made, is false or misleading in a […]
23-19-5-6. Filings Related to Fact of Registration; Unlawful Act
Sec. 6. The filing of an application for registration, a registration statement, a notice filing under this article, the registration of a person, the notice filing by a person, or the registration of a security under this article does not constitute a finding by the commissioner that a record filed under this article is true, […]
23-19-5-7. Qualified Immunity
Sec. 7. A broker-dealer, agent, investment adviser, federal covered investment adviser, or investment adviser representative is not liable to another broker-dealer, agent, investment adviser, federal covered investment adviser, or investment adviser representative for defamation relating to a statement that is contained in a record required by the commissioner or designee of the commissioner, the Securities […]
23-19-5-8. Violations; Felony; Assistance in Prosecution
Sec. 8. (a) A person who knowingly violates this article, or a rule adopted under this article, commits a Level 5 felony. However, this subsection does not apply to a violation of the following: (1) The notice filing requirements of IC 23-19-3-2 or IC 23-19-4-5. (2) IC 23-19-4-13. (3) Sections 4 and 11 of this […]
23-19-5-9. Civil Liability; Defense; Rights and Remedies; Joint and Several Liability; Right of Contribution; Statute of Limitations; Contractual Waivers Void
Sec. 9. (a) Except as provided in section 11 of this chapter, a person is liable to the purchaser if the person sells a security in violation of this article, including a violation of IC 23-19-4-12(d)(9) or IC 23-19-4-12(d)(13). It is a defense if the person selling the security sustains the burden of proof that […]
23-19-5-10. Rescission Offers
Sec. 10. A purchaser, seller, or recipient of investment advice may not maintain an action under section 9 of this chapter if: (1) the purchaser, seller, or recipient of investment advice receives in a record, before the action is instituted: (A) an offer stating the respect in which liability under section 9 of this chapter […]