Sec. 31. (a) Obligations incurred by the council and other liabilities and claims against the council may be enforced only against the assets of the council in the same manner as if the council were a corporation. Liabilities for the debts or actions of the council may not arise against:

(1) the state;

Terms Used In Indiana Code 15-15-12-31

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • council: refers to the Indiana corn marketing council established by section 17 of this chapter. See Indiana Code 15-15-12-4
  • Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • person: means an individual, a partnership, a limited liability company, a public or private corporation, a political subdivision (as defined in IC 36-1-2-13), a cooperative, a society, an association, or a fiduciary. See Indiana Code 15-15-12-12
(2) a political subdivision (as defined in IC 34-6-2-110); or

(3) a member, an officer, an employee, or an agent of the council in an individual capacity.

     (b) The members and employees of the council may not be held responsible individually in any way to any person for errors in judgment, mistakes, or other acts either of commission or omission, as principal, agent, or employee, except for their own individual acts that result in the violation of any law.

     (c) An employee of the council may not be held responsible individually for the act or omission of any member of the council.

     (d) Any liability of the members of the council is several and not joint. A member of the council may not be held liable for the default of any other member.

[Pre-2008 Recodification Citation: 15-4-10-25.]

As added by P.L.2-2008, SEC.6.