Sec. 14. (a) If an agreement by an electric utility or an assignee to transfer securitization property expressly states that the transfer is a sale or is otherwise an absolute transfer:

(1) the resulting transaction:

Terms Used In Indiana Code 8-1-40.5-14

  • assignee: means any individual, corporation, or other legally recognized entity to which an interest in securitization property is transferred. See Indiana Code 8-1-40.5-1
  • electric utility: means a public utility (as defined in IC 8-1-2-1(a)) that meets the following criteria:

    Indiana Code 8-1-40.5-3

  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • securitization charges: means nonbypassable amounts that are:

    Indiana Code 8-1-40.5-8

  • securitization property: means the rights and interests of an electric utility, or its successor, under a financing order, as described in section 11 of this chapter. See Indiana Code 8-1-40.5-9
(A) is a true sale; and

(B) is not a secured transaction; and

(2) title, both legal and equitable, passes to the person to which the securitization property is transferred.

     (b) A transaction resulting from an agreement described in subsection (a) is a true sale regardless of:

(1) whether the purchaser has any recourse against the seller; or

(2) any other term of the agreement, including the following:

(A) The seller’s retention of an equity interest in the securitization property.

(B) The fact that the electric utility acts as a collector of securitization charges relating to the securitization property.

(C) The treatment of the transfer as a financing for tax, financial reporting, or other purposes.

As added by P.L.80-2021, SEC.1.