CHAPTER 23. ADDITIONAL PROVISIONS PERTAINING TO FINANCIAL INSTITUTIONS
IC 28-1-23
Chapter 23. Additional Provisions Pertaining to FinancialInstitutions
IC 28-1-23-1
Fees payable to secretary of state; fee on basis of capital stock ofcredit union
Sec. 1. The fees payable to the secretary of state by financialinstitutions which are organized or reorganized under the laws of thisstate and under the laws of any other state shall be the same as thefees prescribed in chapter 219 of the Acts of the general assembly of1929, except that the fee imposed on the basis of the capital stock ofany credit union shall not exceed the sum of one dollar ($1.00) foreach original application and one dollar ($1.00) for each additionalapplication for shares irrespective of the number of shares to beauthorized by such application and issued thereunder.
(Formerly: Acts 1933, c.40, s.352.)
IC 28-1-23-2
Fees payable to secretary of state; fee on basis of capital stock ofbuilding and loan association or savings and loan association
Sec. 2. The fees payable to the secretary of state by financialinstitutions which are organized or reorganized under the laws of thisstate or under the laws of any other state shall be the same as the feesprescribed in IC 23-1-18, except that the fee imposed on the basis ofthe capital stock of any savings association shall be the sum of onedollar ($1) for each original application and one dollar ($1) for eachadditional application for shares, irrespective of the number of sharesto be authorized by such application and issued thereunder.
(Formerly: Acts 1933, c.40, s.352a; Acts 1965, c.22, s.1.) Asamended by P.L.263-1985, SEC.97; P.L.149-1986, SEC.63;P.L.79-1998, SEC.60.
IC 28-1-23-3
Repealed
(Repealed by P.L.11-1998, SEC.24.)
IC 28-1-23-4
Trust business of national banks; duty to furnish informationconcerning obligation secured by real estate; noncompliance
Sec. 4. (a) Any national bank located within this state may acceptand execute trusts of any kind which may be committed ortransferred to it, subject to the same restrictions as are imposed onstate banks or trust companies under IC 28-1-11 through IC 28-1-20.
(b) Any financial institution acting as trustee, mortgagee, or in anycapacity under any mortgage or stock agreement, wherein and byvirtue of which notes, bonds, preferred stock or other obligations,secured by real estate, have been sold or rediscounted by suchfinancial institution shall, upon demand of the owner of such realestate or upon demand of any holder of any such note, bond,
preferred stock or other obligation for information concerning suchmortgage, note, bond, preferred stock or other obligation,immediately furnish all such information to the owner or holder ofsuch bond, note, preferred stock or other obligation or to the ownerof such mortgaged real estate.
(c) A person who fails to comply with this section commits aClass C infraction.
(Formerly: Acts 1933, c.40, s.354.) As amended by Acts 1978, P.L.2,SEC.2813.
IC 28-1-23-5
Execution of verified account, report, or other paper
Sec. 5. Wherever any provision of this article requires that thereshall be filed any verified account, report, or other paper by anyperson, firm, limited liability company, or corporation, such account,report, or other paper shall be executed by the person or personsfiling such account, report, or other paper or by the president or suchother officer as may be designated by the board of directors of anycorporation filing such account, report, or other paper, and the truthof the matters therein stated shall be sworn to under oath by suchperson or by such president or other officer before a notary public orother officer duly qualified to administer oaths.
(Formerly: Acts 1933, c.40, s.355.) As amended by P.L.263-1985,SEC.99; P.L.8-1993, SEC.444.
IC 28-1-23-6
Restrictions on incorporation and organization
Sec. 6. (a) Except as provided in subsection (b), a mutual savingsbank or a mortgage guarantee company may not be incorporated ororganized under Indiana law.
(b) A mutual savings bank may be organized with all rights andprivileges under IC 28-6.1 only by a mutual bank conversion underIC 28-1-21.7.
(Formerly: Acts 1933, c.40, s.356; Acts 1937, c.33, s.41.) Asamended by P.L.263-1985, SEC.100; P.L.147-1990, SEC.8;P.L.42-1993, SEC.45; P.L.79-1998, SEC.61.
IC 28-1-23-7
Violations
Sec. 7. A person who recklessly violates a provision of chapters1 through 23 of this article for the violation of which a penalty is nototherwise provided commits a Class B misdemeanor.
(Formerly: Acts 1933, c.40, s.357.) As amended by Acts 1978, P.L.2,SEC.2814.
IC 28-1-23-8
Repealed
(Repealed by Acts 1978, P.L.2, SEC.2824.)
IC 28-1-23-9 Repealed
(Repealed by P.L.1-1989, SEC.75.)
IC 28-1-23-10
Repealed
(Repealed by P.L.42-1993, SEC.103.)
IC 28-1-23-11
Repealed
(Repealed by Acts 1978, P.L.2, SEC.2824.)
IC 28-1-23-12
Repealed
(Repealed by Acts 1978, P.L.2, SEC.2824.)
IC 28-1-23-13
Repealed
(Repealed by Acts 1978, P.L.2, SEC.2824.)
IC 28-1-23-14
Repealed
(Repealed by P.L.42-1993, SEC.103.)
IC 28-1-23-15
Repealed
(Repealed by Acts 1978, P.L.2, SEC.2824.)
IC 28-1-23-16
Withdrawal of deposits
Sec. 16. All persons, regardless of age, may become depositors ina depository financial institution (as defined in IC 28-1-1-6) and shallbe subject to the same duties and liabilities respecting their deposits.Whenever a deposit is accepted by a depository financial institutionin the name of any person, regardless of age, the deposit may bewithdrawn by the depositor by any of the following methods:
(1) Check or other instrument in writing. The check or otherinstrument in writing constitutes a receipt or acquittance if it issigned by the depositor, and constitutes a valid release anddischarge to the depository financial institution for all paymentsso made.
(2) Electronic means through:
(A) preauthorized direct withdrawal;
(B) an automated teller machine;
(C) a debit card;
(D) a transfer by telephone;
(E) a network, including the Internet; or
(F) any:
(i) electronic terminal;
(ii) computer;
(iii) magnetic tape; or (iv) other electronic means.
However, this section may not be construed to affect the rights,liabilities, or responsibilities of participants in an electronic fundtransfer under the federal Electronic Fund Transfer Act (15 U.S.C.1693 et seq.).
As added by P.L.81-2001, SEC.3.