Indiana § 23-2-2.5-8 Determination of exemption; request; fee; notice; hearing; order

Indiana Statutes

§ 23-2-2.5-8 — Determination of exemption; request; fee; notice; hearing; order

Indiana § 23-2-2.5-8

Title 23BUSINESS AND OTHER ASSOCIATIONS

Art. 2SECURITIES AND FRANCHISES

Ch. 2.5Franchises

This text of Indiana § 23-2-2.5-8 (Determination of exemption; request; fee; notice; hearing; order) 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 § 23-2-2.5-8 (2026).

Text

(a)The commissioner may determine whether any proposed offer or sale is entitled to an exemption. However, the commissioner may decline to exercise that authority as to any such offer or sale. Any interested party desiring the commissioner to exercise the authority to determine whether a proposed offer or sale is entitled to an exemption shall submit to the commissioner the following:

(1)A verified statement of all material facts relating to the proposed offer or sale.

(2)Documentation demonstrating that the requirements for exemption under sections 3, 4, and 5 of this chapter, and any rules adopted under those sections, are met.

(3)A written request for a ruling as to the particular exemption claimed.

(4)A filing fee of fifty dollars ($50.00).

(b)After such notice to interested part

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(a) The commissioner may determine whether
any proposed offer or sale is entitled to an exemption. However, the
commissioner may decline to exercise that authority as to any such
offer or sale. Any interested party desiring the commissioner to
exercise the authority to determine whether a proposed offer or sale is
entitled to an exemption shall submit to the commissioner the
following:
(1) A verified statement of all material facts relating to the
proposed offer or sale.
(2) Documentation demonstrating that the requirements for
exemption under sections 3, 4, and 5 of this chapter, and any rules
adopted under those sections, are met.
(3) A written request for a ruling as to the particular exemption
claimed.
(4) A filing fee of fifty dollars ($50.00).
(b) After such notice to interested parties as the commissioner
deems proper and after a hearing, if any, the commissioner may enter
an order finding the proposed offer or sale entitled or not entitled to the
exemption claimed. Any order so entered, unless an appeal be taken
therefrom in the manner prescribed in this chapter is binding upon the
commissioner and upon all interested parties if the proposed offer or
sale of a franchise when consummated or issued conforms in every
relevant and material particular with the facts set forth in the verified
statement submitted.
Formerly: Acts 1975, P.L.262, SEC.1. As amended by
P.L.205-2021, SEC.1.