§ 23-17-1-0.2 — Effect of repeal of IC 23-7-1.1; effect of reduction by P.L.179-1991 of penalty or punishment

Indiana § 23-17-1-0.2

• Jurisdiction: Indiana
• Title 23: BUSINESS AND OTHER ASSOCIATIONS
• Art. 17: NONPROFIT CORPORATIONS
• Ch. 1: Application

Text

2. (a) Except as provided in subsection (b),
the repeal of IC 23-7-1.1 by P.L.179-1991 does not affect the
following:
(1) Any action taken:
(A) under:
(i) IC 23-7-1.1;
(ii) the Indiana general not-for-profit corporation act of 1935;
or
(iii) any prior law under which domestic nonprofit entities
were organized;
before the repeal of IC 23-7-1.1; or
(B) before the applicability of P.L.179-1991 to a nonprofit
entity;
whichever is later, including the continuing validity of a domestic
nonprofit entity's articles of incorporation, bylaws, or other
organic documents, indemnification provisions for directors,
officers, employees, and agents, resolutions of the board of
directors or governing body and name.
(2) A ratification, a right, a remedy, a privilege, an obligation, or
a liability acquired, accrued, or incurred before the applicability
of P.L.179-1991 to a nonprofit entity under:
(A) IC 23-7-1.1 (before its repeal);
(B) the Indiana general not-for-profit corporation act of 1935
before the repeal of IC 23-7-1.1; or
(C) any prior law under which domestic nonprofit entities were
organized.
(3) A:
(A) violation of:
(i) IC 23-7-1.1 (before its repeal);
(ii) the Indiana general not-for-profit corporation act of 1935;
or
(iii) any prior law under which domestic nonprofit entities
were organized; or
(B) penalty, forfeiture, or punishment incurred because of the
violation before the applicability of P.L.179-1991 to a nonprofit
entity.
(4) A proceeding, reorganization, or dissolution commenced
before the applicability of P.L.179-1991 to a nonprofit entity
under:
(A) IC 23-7-1.1 (before its repeal);
(B) the Indiana general not-for-profit corporation act of 1935
before the repeal of IC 23-7-1.1; or
(C) any prior law under which domestic nonprofit entities were
organized.
The proceeding, reorganization, or dissolution may be completed
in accordance with IC 23-7-1.1 (before its repeal), the Indiana
general not-for-profit corporation act of 1935, or any prior law
under which nonprofit corporations were organized as if
P.L.179-1991 had not been enacted.
(5) Any action as a result of a meeting of members or directors or
action by written consent taken before the applicability of
P.L.179-1991 to a nonprofit entity.
(b) If a penalty or punishment imposed for a violation of:
(1) IC 23-7-1.1 (before its repeal);
(2) the Indiana general not-for-profit corporation act of 1935; or
(3) any prior law under which domestic nonprofit entities were
organized;
is reduced by P.L.179-1991, the penalty or punishment shall, if not
already imposed, be imposed in accordance with P.L.179-1991.

Legislative History

As added by P.L.220-2011, SEC.383.