Terms Used In Indiana Code > Title 4 > Article 22
- Advertisement: means any published communication which offers any franchise for sale. See Indiana Code 23-2-2.5-1
- Affiliate: means any person who, directly or indirectly through one (1) or more intermediaries, controls, is controlled by, or is under common control with, the person to whom affiliation is attributed. See Indiana Code 23-2-2.5-1
- agency: has the meaning set forth in IC 4-22-2-3. See Indiana Code 4-22-10-1
- alternative container: means a rigid or nonrigid receptacle or other enclosure that:
Indiana Code 23-14-31-1
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Application fee: means the fee charged an individual, in addition to the entrance fee or any other fee, to cover the provider's reasonable costs in processing the individual's application to become a resident. See Indiana Code 23-2-4-1
- Appraisal: A determination of property value.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- 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
- authorizing agent: means a person legally entitled to order the cremation and final disposition of specific human remains. See Indiana Code 23-14-31-2
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Bequest: Property gifted by will.
- board: means the state board of funeral and cemetery service established by IC 25-15-9-1. See Indiana Code 23-14-31-3
- board of trade: refers to a person or group of persons engaged in:
Indiana Code 23-2-6-1
- body part: means :
Indiana Code 23-14-31-4
- Bona fide employee: means a person who is a regular, nontemporary employee of a charitable organization under the direct and exclusive control of the organization. See Indiana Code 23-7-8-1
- burial transit permit: means a permit for the transportation and disposition of a dead human body required under IC 16-37-3-10 or IC 16-37-3-12. See Indiana Code 23-14-31-5
- casket: means a rigid enclosure that:
Indiana Code 23-14-31-6
- Charitable organization: means any organization described in Section 501 of the federal Internal Revenue Code. See Indiana Code 23-7-8-1
- Commissioner: means the Indiana securities commissioner under IC 23-19-6-1(a). See Indiana Code 23-2-2.5-1
- Commissioner: means the securities commissioner as defined in IC 23-19-1-2(4). See Indiana Code 23-2-3.1-1
- Commissioner: means the securities commissioner as provided in IC 23-19-6-1(a). See Indiana Code 23-2-4-1
- commissioner: refers to the securities commissioner appointed under IC 23-19-6-1(a). See Indiana Code 23-2-6-2
- commodity: means , except as otherwise specified by a rule, regulation, or order of the commissioner, any of the following:
Indiana Code 23-2-6-4
- commodity broker-dealer: means a person engaged in the business of executing transactions in commodity contracts or commodity options for:
Indiana Code 23-2-6-5
- commodity contract: means an account, an agreement, or a contract that:
Indiana Code 23-2-6-6
- Commodity Exchange Act: means the act of the United States Congress known as the Commodity Exchange Act (7 U. See Indiana Code 23-2-6-7
- Commodity Futures Trading Commission: means the independent regulatory agency established to administer the Commodity Exchange Act. See Indiana Code 23-2-6-8
- commodity merchant: means any of the following (as defined or described in the Commodity Exchange Act or in a CFTC rule):
Indiana Code 23-2-6-9
- commodity option: means an account, an agreement, or a contract giving a party to the account, agreement, or contract the right but not the obligation to purchase or sell:
Indiana Code 23-2-6-10
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Continuance: Putting off of a hearing ot trial until a later time.
- Continuing care agreement: means the following:
Indiana Code 23-2-4-1
- Continuing care retirement community: includes both of the following:
Indiana Code 23-2-4-1
- Contracting party: means a person or persons who enter into a continuing care agreement with a provider. See Indiana Code 23-2-4-1
- Contribution: means a promise or pledge of money, a payment, or any other rendition of property or service. See Indiana Code 23-7-8-1
- Control: means possession, direct or indirect, of the power to direct or to cause the direction of the management and policies of a person, through the ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services, or otherwise, unless that power is the result of an official position or corporate office. See Indiana Code 23-2-3.1-1
- Conviction: A judgement of guilt against a criminal defendant.
- covered document: means any document that:
Indiana Code 4-22-10-2
- credit corporation: means a corporation to which the secretary of state has issued a certificate of election under section 8 of this chapter. See Indiana Code 23-6-4-1
- Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
- Credit Score: A number, roughly between 300 and 800, that measures an individual's credit worthiness. The most well-known type of credit score is the FICO score. This score represents the answer from a mathematical formula that assigns numerical values to various pieces of information in your credit report. Source: OCC
- cremated remains: means all human remains recovered after the completion of the cremation of a human body or body part, including the residue of any foreign materials, nonmetallic casket material, dental work, or eyeglasses that were cremated with the human remains but excluding any prosthetic or medical device. See Indiana Code 23-14-31-7
- cremation: means the incineration of the body of a deceased person or a body part of a nondeceased person and the mechanical or manual reduction of identifiable bone fragments to unidentifiable bone fragments. See Indiana Code 23-14-31-8
- cremation chamber: means the enclosed space where the cremation takes place. See Indiana Code 23-14-31-9
- cremation room: means the room where the cremation chamber is located. See Indiana Code 23-14-31-10
- crematory: means a building or structure, including a holding facility where human remains are or are intended to be cremated. See Indiana Code 23-14-31-11
- crematory authority: means the legal entity or the entity's authorized representative that is registered by the board to operate a crematory and to perform cremations. See Indiana Code 23-14-31-12
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Decedent: A deceased person.
- deceit: includes any misrepresentation in any manner of a material fact, any promise or representation or prediction as to the future not made honestly or in good faith, or the failure or omission to state a material fact necessary to make the statements made, in the light of the circumstances under which they were made, not misleading. See Indiana Code 23-2-2.5-1
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Dependent: A person dependent for support upon another.
- Designated family member: means any person named in a franchise agreement by a service station franchisee as the person entitled to fulfill the terms of the agreement on behalf of the franchisee if the franchisee dies before the term of the franchise has ended. See Indiana Code 23-2-2.5-1
- Devise: To gift property by will.
- Disclosure statement: means the document provided for in section 13 of this chapter and all amendments to such document. See Indiana Code 23-2-2.5-1
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- disposition: means the cremation or other disposition of a dead human body or a part of a dead human body. See Indiana Code 23-14-31-13
- Division: means the consumer protection division, office of the attorney general. See Indiana Code 23-7-8-1
- Docket: A log containing brief entries of court proceedings.
- Donor: The person who makes a gift.
- Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Entrance fee: means the sum of money or other property paid or transferred, or promised to be paid or transferred, to a provider in consideration for one (1) or more individuals becoming a resident of a continuing care retirement community under a continuing care agreement. See Indiana Code 23-2-4-1
- Equal Credit Opportunity Act: Prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age, or because an applicant receives income from a public assistance program. Source: OCC
- 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
- Equity security: means :
Indiana Code 23-2-3.1-1
- Ex officio: Literally, by virtue of one's office.
- Executor: A male person named in a will to carry out the decedent
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Fiduciary: A trustee, executor, or administrator.
- financial institution: means a bank, savings institution, or trust company that is organized or supervised under the laws of the United States or of any state. See Indiana Code 23-2-6-12
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Franchise: includes a contract whereby the franchisee is granted the right to sell franchises on behalf of the franchisor. See Indiana Code 23-2-2.5-1
- Franchise fee: means any fee that a franchisee is required to pay directly or indirectly for the right to conduct a business to sell, resell, or distribute goods, services, or franchises under a contract agreement, including, but not limited to, any such payment for goods or services. See Indiana Code 23-2-2.5-1
- Franchisee: means a person to whom a franchise is granted. See Indiana Code 23-2-2.5-1
- Franchisor: means a person who grants a franchise. See Indiana Code 23-2-2.5-1
- Fraud: Intentional deception resulting in injury to another.
- funeral home: means a place that is licensed under IC 25-15 where:
Indiana Code 23-14-31-14
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Grantor: The person who establishes a trust and places property into it.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Highway: includes county bridges and state and county roads, unless otherwise expressly provided. See Indiana Code 1-1-4-5
- holding facility: means an area that:
Indiana Code 23-14-31-15
- human remains: means the body or a part of the body of an individual, including human remains that have been cremated. See Indiana Code 23-14-31-16
- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
- Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
- 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
- Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
- lending agreement: means an agreement between a credit corporation and a lending institution, under which the lending institution agrees to lend funds to the credit corporation in accordance with section 13 of this chapter. See Indiana Code 23-6-4-2
- lending institution: means a bank or trust company, industrial loan and investment company, credit union, savings bank, bank of discount and deposit, small loan company, savings association, insurance company or related corporation, partnership, limited liability company, foundation, pension fund, or other institution engaged primarily in lending or investing funds. See Indiana Code 23-6-4-3
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Living unit: means a room, apartment, cottage, or other area within a continuing care retirement community set aside for the use of one (1) or more identified residents. See Indiana Code 23-2-4-1
- loan limit: means , for any member, the maximum amount permitted to be outstanding at any one (1) time on loans made by that member to a credit corporation, as determined by the credit corporation's board of directors. See Indiana Code 23-6-4-4
- Long term financing: means financing for a period in excess of one (1) year. See Indiana Code 23-2-4-1
- member: means a lending institution authorized to do business in Indiana that enters into a lending agreement with, and undertakes to make member loans to, a credit corporation organized or operated under this chapter. See Indiana Code 23-6-4-5
- Mentally incompetent: means of unsound mind. See Indiana Code 1-1-4-5
- Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
- Month: means a calendar month, unless otherwise expressed. See Indiana Code 1-1-4-5
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
- niche: means a space in a columbarium that is used or intended to be used for the interment of cremated human remains of one (1) or more deceased individuals. See Indiana Code 23-14-31-17
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- offer: means an offer to sell, offer to purchase, or offer to enter into a commodity contract or commodity option. See Indiana Code 23-2-6-13
- Offeree: means a record or beneficial owner of equity securities of the class which an offeror acquires or offers to acquire in connection with a takeover offer. See Indiana Code 23-2-3.1-1
- Offeror: means a person who makes or in any way participates in making a takeover offer. See Indiana Code 23-2-3.1-1
- Omission of a material fact: means the failure to state a material fact required to be stated in any disclosure statement or registration in order to make the disclosure statement or registration, in light of the circumstances under which they were made, not misleading. See Indiana Code 23-2-4-1
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: means an individual, corporation, limited liability company, association, partnership, trust, or other entity. See Indiana Code 23-2-3.1-1
- Person: means an individual, a corporation, a partnership, an association, a limited liability company, or other legal entity. See Indiana Code 23-2-4-1
- person: means an individual, a corporation, a partnership, a limited liability company, an association, a joint-stock company, a trust where the interests of the beneficiaries are evidenced by a security, an unincorporated organization, a government, or a political subdivision of a government. See Indiana Code 23-2-6-14
- Person: includes any individual, organization, trust foundation, association, partnership, limited liability company, or corporation. See Indiana Code 23-7-8-1
- Personal property: includes goods, chattels, evidences of debt, and things in action. See Indiana Code 1-1-4-5
- plain writing: means writing that is clear, concise, and well-organized, and follows other best practices appropriate to the subject or field and intended audience. See Indiana Code 4-22-10-3
- Plaintiff: The person who files the complaint in a civil lawsuit.
- 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
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- precious metal: means the following in coin, bullion, or other form:
Indiana Code 23-2-6-15
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- Probate: Proving a will
- Professional fundraiser consultant: means any person who is hired for a fee to plan, manage, advise, or act as a consultant in connection with soliciting contributions for, or on behalf of, a charitable organization, but who does not actually solicit contributions as a part of the person's services or employ, procure, or engage a compensated person to solicit contributions. See Indiana Code 23-7-8-1
- Professional solicitor: means a person who, for a financial consideration, solicits contributions for, or on behalf of, a charitable organization, either personally or through agents or employees specifically employed for that purpose, including agents or employees specifically employed by or for a charitable organization who solicit contributions under the direction, supervision, or instruction of a professional solicitor. See Indiana Code 23-7-8-1
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Provider: means a person that agrees to provide care under a continuing care agreement. See Indiana Code 23-2-4-1
- Publish: means to issue or circulate by newspaper, mail, radio, or television, or otherwise disseminate to the public. See Indiana Code 23-2-2.5-1
- real property: include lands, tenements, and hereditaments. See Indiana Code 1-1-4-5
- Refurbishment fee: means the fee charged an individual, in addition to the entrance fee or any other fee, to cover the provider's reasonable costs in refurbishing a previously occupied living unit specifically designated for occupancy by that individual. See Indiana Code 23-2-4-1
- Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
- Resident: means an individual who is entitled to receive benefits under a continuing care agreement. See Indiana Code 23-2-4-1
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- sale: means any:
Indiana Code 23-2-6-16
- scattering: means the final disposition of cremated human remains under section 44(a)(3) of this chapter. See Indiana Code 23-14-31-18
- sell: includes every contract or agreement of sale of, contract to sell, or disposition of, a franchise or interest in a franchise for value. See Indiana Code 23-2-2.5-1
- Service of process: The service of writs or summonses to the appropriate party.
- Service station franchisee: means a person who is granted by an oil company, refiner, jobber, or other franchisor a supply franchise agreement or a lease franchise agreement, or both, to sell gasoline at retail by a metered pump in Indiana. See Indiana Code 23-2-2.5-1
- small business: has the meaning set forth in IC 5-28-2-6. See Indiana Code 4-22-2.1-4
- small business concern: means any business entity that qualifies as a small business concern under the applicable section of the federal Aid to Small Business Act (15 U. See Indiana Code 23-6-4-7
- small business ombudsman: refers to the small business ombudsman designated under IC 5-28-17-6. See Indiana Code 4-22-2.1-4.5
- Solicit: means any action of a provider in seeking to have an individual residing in Indiana pay an application fee and enter into a continuing care agreement, including:
Indiana Code 23-2-4-1
- Solicit: means :
Indiana Code 23-7-8-1
- State: includes a territory or possession of the United States, the District of Columbia, and Puerto Rico. See Indiana Code 23-2-2.5-1
- state agency: means any state administration, agency, authority, board, bureau, commission, committee, council, department, division, institution, office, officer, service, or other similar body of state government established by law, resolution, or executive order. See Indiana Code 4-22-6-1
- Subpoena: A command to a witness to appear and give testimony.
- Substantially equivalent terms: means terms under which the fair market value of the consideration offered any offeree of a class of equity securities of the target company (determined on a per share or a per unit basis) are equal to the highest consideration offered in connection with a takeover offer to any other offeree of that class (determined on a per share or per unit basis). See Indiana Code 23-2-3.1-1
- Summons: Another word for subpoena used by the criminal justice system.
- Takeover offer: means an offer to acquire or an acquisition of any equity security of a target company, pursuant to a tender offer or request or invitation for tenders, if, after the acquisition, the offeror is directly or indirectly a record or beneficial owner of more than ten percent (10%) of any class of the outstanding equity securities of the target company. See Indiana Code 23-2-3.1-1
- Target company: means an issuer of securities which is organized under the laws of this state, has its principal place of business in this state, and has substantial assets in this state. See Indiana Code 23-2-3.1-1
- temporary container: means a receptacle:
Indiana Code 23-14-31-20
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
- Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
- Termination: refers to the cancellation of a continuing care agreement under this chapter. See Indiana Code 23-2-4-1
- Testator: A male person who leaves a will at death.
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Trustee: A person or institution holding and administering property in trust.
- Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on Source: OCC
- urn: means a receptacle designed to encase cremated remains. See Indiana Code 23-14-31-21
- Venue: The geographical location in which a case is tried.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
- written: includes printed, lithographed, or produced by any other means of graphic communication. See Indiana Code 23-2-2.5-1