§ 23-19-4.1-1 “Financial exploitation”
§ 23-19-4.1-2.1 “Financially vulnerable adult”
§ 23-19-4.1-3 “Immediate family member”
§ 23-19-4.1-4 “Protective agencies”
§ 23-19-4.1-5 “Qualified individual”
§ 23-19-4.1-6 Suspected financial exploitation of financially vulnerable adult; duty of qualified individual to report and notify commissioner; authorized additional notifications
§ 23-19-4.1-7 Qualified individual’s authority to refuse to disburse funds; notice to protective agencies and parties on account; expiration of refusal; court order extending refusal or providing protective relief
§ 23-19-4.1-8 Immunity for broker-dealers, investment advisers, and qualified individuals; authority of commissioner to access books and records not impeded
§ 23-19-4.1-9 Authority of broker-dealers and investment advisers to provide relevant records to protective agencies or law enforcement; records confidential
§ 23-19-4.1-10 Training resources for broker-dealers, investment advisers, and qualified individuals; availability on secretary of state’s web site
§ 23-19-4.1-11 Commissioner’s authority to adopt rules

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Terms Used In Indiana Code > Title 23 > Article 19 > Chapter 4.1 - Financially Vulnerable Adult

  • Agent: means an individual, other than a broker-dealer, who represents a broker-dealer in effecting or attempting to effect purchases or sales of securities or represents an issuer in effecting or attempting to effect purchases or sales of the issuer's securities. See Indiana Code 23-19-1-2
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Broker-dealer: means a person engaged in the business of effecting transactions in securities for the account of others or for the person's own account. See Indiana Code 23-19-1-2
  • Commissioner: means the securities commissioner appointed under IC 23-19-6-1(a). See Indiana Code 23-19-1-2
  • financial exploitation: means the wrongful or unauthorized taking, withholding, appropriation, or use of money, real property, or personal property of a financially vulnerable adult. See Indiana Code 23-19-4.1-1
  • financially vulnerable adult: means an individual to whom one (1) or more of the following apply:

    Indiana Code 23-19-4.1-2.1

  • 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.
  • immediate family member: means a spouse, child, parent, or sibling. See Indiana Code 23-19-4.1-3
  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
  • Investment adviser: means a person that, for compensation, engages in the business of advising others, either directly or through publications or writings, as to the value of securities or the advisability of investing in, purchasing, or selling securities or that, for compensation and as a part of a regular business, issues or promulgates analyses or reports concerning securities. See Indiana Code 23-19-1-2
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: means an individual; corporation; business trust; estate; trust; partnership; limited liability company; association; joint venture; government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity. See Indiana Code 23-19-1-2
  • 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
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • protective agencies: refers to both of the following:

    Indiana Code 23-19-4.1-4

  • qualified individual: means an individual associated with a broker-dealer or investment adviser who serves in a supervisory, compliance, or legal capacity as part of the individual's job. See Indiana Code 23-19-4.1-5
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Indiana Code 23-19-1-2
  • Trustee: A person or institution holding and administering property in trust.