Indiana Statutes

§ 23-17-13-4 — Unlawful distributions; liability

Indiana·Title 23 BUSINESS AND OTHER ASSOCIATIONS·Art. 17 NONPROFIT CORPORATIONS·Ch. 13 Standards of Conduct for Directors
(a)Subject to section 1(d) of this chapter, a director who votes for or assents to a distribution made in violation of this article or articles of incorporation is personally liable to the corporation for the amount of the distribution that exceeds the amount that could have been distributed without violating this article or articles of incorporation.
(b)A director who is held liable for an unlawful distribution under subsection (a) is entitled to contribution from the following:
(1)Every other director who voted for or assented to the distribution, subject to section 1(d) of this chapter.
(2)Each person who received an unlawful distribution for the amount of the distribution accepted whether or not the person receiving the distribution knew the distribution was made in violation of th

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Legislative History

As added by P.L.179-1991, SEC.1.

Nearby Sections

15
§ 23-0.5-1-1
Short title
§ 23-0.5-1-2
Application
§ 23-0.5-1-4
Delivery of record
§ 23-0.5-1.5-10
"Filed record"
§ 23-0.5-1.5-11
"Filing entity"
§ 23-0.5-1.5-12
"Foreign"
§ 23-0.5-1.5-13
"General partnership"
§ 23-0.5-1.5-14
"Governance interest"
§ 23-0.5-1.5-15
"Governing person"
§ 23-0.5-1.5-16
"Interest"
§ 23-0.5-1.5-17
"Interest holder"
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