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 […]
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 […]
23-19-6-1. Securities Division; Securities Commissioner; Unlawful Use of Nonpublic Information; Investor Education Initiatives; Securities Division Enforcement Account; Securities Restitution Fund; Assistance From Attorney General; Police Powers
Sec. 1. (a) This article shall be administered by a division of the office of the secretary of state. The secretary of state shall appoint a securities commissioner who shall be responsible for the direction and supervision of the division and the administration of this article under the direction and control of the secretary of […]
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 […]
23-19-6-2. Investigations; Subpoenas; Depositions; Relief; Hearings; Use Immunity; Certificate of Compliance or Noncompliance; Witness Fees
Sec. 2. (a) The commissioner may: (1) conduct public or private investigations within or outside this state which the commissioner considers necessary or appropriate to determine whether a person has violated, is violating, or is about to violate this article or a rule adopted or order issued under this article, or to aid in the […]
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 […]
23-19-6-3. Violations; Injunctions; Other Remedies
Sec. 3. (a) If the commissioner believes that a person has engaged, is engaging, or is about to engage in an act, practice, or course of business constituting a violation of this article or a rule adopted or order issued under this article or that a person has, is, or is about to engage in […]
23-19-5-11. Violation of Agreement
Sec. 11. (a) It is unlawful for a person to violate any agreement that is: (1) entered into between the securities division and the person; and (2) ordered by the commissioner under this article. (b) A person is not liable under section 9(a) or 9(b) of this chapter for a violation of this section. As […]