24-13-5-3. Inventory Exempted From Appropriate Inventory Repurchase Programs
Sec. 3. An appropriate inventory repurchase program is not required to apply to inventory that: (1) is no longer within the inventory’s commercially reasonable use or shelf life period; or (2) has been used or opened. As added by P.L.105-2017, SEC.3.
24-13-1-5. “Consideration”
Sec. 5. “Consideration” means the payment of cash or the purchase of goods, services, or intangible property. The term does not include the purchase of goods or services furnished at cost to be used in making sales and not for resale, or time and effort spent in pursuit of sales or recruiting activities. As added […]
24-13-5-4. Required Disclosure of Inventory Exempted From Appropriate Inventory Repurchase Programs
Sec. 4. An entity must clearly describe to a salesperson, prior to purchase, inventory that is excluded from the entity’s appropriate inventory repurchase program as seasonal, discontinued, or special promotion products not subject to the entity’s appropriate inventory repurchase program. As added by P.L.105-2017, SEC.3.
24-13-1-6. “Inventory”
Sec. 6. “Inventory” includes both goods and services, including company produced promotional materials, sales aids, and sales kits that an entity requires independent salespersons to purchase. As added by P.L.105-2017, SEC.3.
24-13-5-5. Burden of Proof
Sec. 5. Notwithstanding section 1 of this chapter, the burden of showing that a participant or other person derives compensation primarily from the sale and consumption of goods, services, or intangible property lies with the plan or operation or a person involved with the plan or operation. As added by P.L.105-2017, SEC.3.
24-13-1-7. “Inventory Loading”
Sec. 7. “Inventory loading” means the requirement or encouragement by a plan or operation that its independent salesperson purchase inventory in an amount that exceeds the amount that the salesperson can expect to resell for ultimate consumption or to consume in a reasonable time period, or both. As added by P.L.105-2017, SEC.3.
24-13-1-8. “Promote”
Sec. 8. “Promote” means to contrive, prepare, establish, plan, operate, advertise, or otherwise induce or attempt to induce another person to participate in a pyramid promotional scheme. As added by P.L.105-2017, SEC.3.
24-13-1-9. “Pyramid Promotional Scheme”
Sec. 9. “Pyramid promotional scheme” means any plan or operation by which a person gives consideration for the opportunity to receive compensation that is derived primarily from the introduction of other persons into the plan or operation rather than from the sale and consumption of goods, services, or intangible property by a participant or other […]
24-13-2-1. Pyramid Promotional Scheme Prohibited
Sec. 1. A person may not establish, promote, or operate any pyramid promotional scheme. A limitation as to the number of persons who may participate or the presence of additional conditions affecting eligibility for the opportunity to receive compensation under the plan does not change the identity of the plan as a pyramid promotional scheme. […]
24-13-1-1. Definitions
Sec. 1. The definitions in this chapter apply throughout this article. As added by P.L.105-2017, SEC.3.