Sec. 13.5. (a) This section applies to a
nonparticipating manufacturer whose principal place of business is located outside the
United States.
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Terms Used In Indiana Code 24-3-5.4-13.5
- 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
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- importer: means a person that imports, other than for personal consumption, one (1) or more brand families of a nonparticipating manufacturer. See Indiana Code 24-3-5.4-5.5
- nonparticipating manufacturer: means a tobacco product manufacturer that is not a participating manufacturer. See Indiana Code 24-3-5.4-7
- qualified escrow fund: has the meaning set forth in IC 24-3-3-7. See Indiana Code 24-3-5.4-9
- Service of process: The service of writs or summonses to the appropriate party.
- United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
- Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(1) States that the importer assumes joint and several liability with the nonparticipating manufacturer for the following payments, penalties, costs, and fees with respect to the importer:
(A) Any escrow payments required under IC 24-3-3-12(2) for deposit in a qualified escrow fund.
(B) Any penalties assessed against the nonparticipating manufacturer under IC 24-3-3 or this chapter.
(C) Payment of all costs and fees recovered by the state against the nonparticipating manufacturer under section 28 of this chapter.
(2) Appoints a registered agent for service of process for the importer and provides notice in accordance with section 16 of this chapter.
The attorney general shall prescribe the form of a declaration under this subsection, including dates for filing the declaration.
As added by P.L.24-2010, SEC.4.
