Sec. 9. (a) A permit holder or an applicant for a gambling game license shall submit for the approval of the commission a written power of attorney identifying the person who, if approved by the commission, would serve as the permit holder’s or applicant’s trustee to conduct gambling games at a racetrack. The power of attorney submitted under this subsection must:

(1) be executed in the manner required by IC 30-5;

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Terms Used In Indiana Code 4-35-5-9

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
(2) describe the powers that may be delegated to the proposed trustee; and

(3) conform with the requirements established by the commission under IC 4-35-4-2(a)(8).

     (b) The proposed power of attorney required by this section must be submitted as follows:

(1) Before November 1, 2009, in the case of a permit holder who holds a gambling game license as of July 1, 2009.

(2) Before the deadline established by the commission, in the case of a person who applies for a gambling game license after December 31, 2008.

     (c) A permit holder must petition the commission for its approval of any changes to a power of attorney approved by the commission.

As added by P.L.142-2009, SEC.22.