Indiana § 23-0.6-1-6 Reference to external facts

Indiana Statutes

§ 23-0.6-1-6 — Reference to external facts

Indiana § 23-0.6-1-6

Title 23BUSINESS AND OTHER ASSOCIATIONS

Art. 0.6UNIFORM BUSINESS ORGANIZATION

Ch. 1General Provisions

This text of Indiana § 23-0.6-1-6 (Reference to external facts) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 23-0.6-1-6 (2026).

Text

(a)If a:

(1)provision under this article permits any of the terms of a plan to be dependent on facts objectively ascertainable outside the plan; and

(2)plan includes terms that are dependent on facts described in subdivision (1); the manner in which the facts will operate upon the terms of the plan and the manner in which the facts will become operative must be set forth in the plan.

(b)The facts described under subsection (a) may include any of the following:

(1)Any of the following that are available in a nationally recognized news or information medium either in print or electronically:

(A)Statistical or market indices.

(B)Market prices of any security or group of securities.

(C)Interest rates.

(D)Currency exchange rates.

(E)Similar economic or financial data.

(2)A determinat

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(a) If a:
(1) provision under this article permits any of the terms of a plan
to be dependent on facts objectively ascertainable outside the
plan; and
(2) plan includes terms that are dependent on facts described in
subdivision (1);
the manner in which the facts will operate upon the terms of the plan
and the manner in which the facts will become operative must be set
forth in the plan.
(b) The facts described under subsection (a) may include any of the
following:
(1) Any of the following that are available in a nationally
recognized news or information medium either in print or
electronically:
(A) Statistical or market indices.
(B) Market prices of any security or group of securities.
(C) Interest rates.
(D) Currency exchange rates.
(E) Similar economic or financial data.
(2) A determination made or action taken by any person,
including the entity or another party to a plan.
(3) The terms of, or actions taken under, an agreement to which
the entity is a party, or any other agreement or document.
(c) The following provisions of a plan may not be made dependent
on facts outside the plan:
(1) The name and address of any person required in a filed
document.
(2) The registered office of any entity required in a filed
document.
(3) The registered agent of any entity required in a filed
document.
(4) The number of authorized interests and designation of each
class or series of interests.
(5) The effective date of a filed document.
(6) Any required statement in a plan of the date on which the
underlying transaction was approved or the manner in which that
approval was given.
(d) If a provision of a plan is made dependent on a fact ascertainable
outside the plan, and:
(1) the fact is not ascertainable by reference to a source described
in subsection (b)(1) or a document that is a matter of public
record; and
(2) the entity has not provided notice of the fact to the affected
interest holders;
the entity shall file with the secretary of state articles of amendment
setting forth the fact promptly after the time the fact referred to is first
ascertainable or changes.
(e) Articles of amendment filed under subsection (d):
(1) are considered to be authorized by the plan to which the
articles of amendment relate; and
(2) may be filed by the entity without further action by the
governing person.