Section 28-1-20-4 - Naming conventions; department's investigatory and enforcement powers; penalties; marketing materials and solicitations(a) Except as provided in subsections (c), (d), (g), and (o), it is unlawful for any person, firm, limited liability company, or corporation (other than a bank or trust company, a bank holding company, a subsidiary of a bank or trust company, a subsidiary of a bank holding company, a subsidiary of a savings bank, or a subsidiary of a savings association organized or reorganized under IC 28 or statutes in effect at the time of organization or reorganization or under the laws of the United States):(1) to use the word, or a derivation of the word, "bank", "banc", "banco", or "bankcor", as a part of the name or title of the person, firm, limited liability company, or corporation, whether the word is used as the person's, firm's, limited liability company's, or corporation's official entity name or an assumed business name under IC 23-0.5-3-4, if the use of the word would create a substantial likelihood of misleading the public by implying that the person, firm, limited liability company, or corporation is a state or federally chartered bank, trust company, savings bank, or savings association; or(2) to advertise or represent the person, firm, limited liability company, or corporation to the public: (A) as a bank or trust company or a corporate fiduciary; or(B) as affording the services or performing the duties which by law only a bank or trust company or a corporate fiduciary is entitled to afford and perform.(b) A financial institution organized under the laws of any state or the United States is authorized to do business in Indiana:(1) at its principal office;(2) at any branch office; or(3) otherwise; using a name other than its official entity name if the financial institution notifies the department at least ten (10) days before using the other name.
(c) An out-of-state financial institution with the word "bank" in its legal name may use the word "bank" if the financial institution is insured by the Federal Deposit Insurance Corporation or its successor.(d) A building and loan association organized under IC 28-4 (before its repeal) may include in its name or title:(1) the words "savings bank"; or(2) the word "bank" if the name or title also includes either the words "savings bank" or letters "SB". A building and loan association that includes "savings bank" in its title under this section does not by that action become a savings bank for purposes of IC 28-6.1.
(e) The name or title of a savings bank governed by IC 28-6.1 must include the words "savings bank" or the letters "SB".(f) A savings association may include in its name the words "building and loan association".(g) A bank holding company (as defined in 12 U.S.C. 1841) may use the word "bank" or "banks" as a part of its name. However, this subsection does not permit a bank holding company to advertise or represent itself to the public as affording the services or performing the duties that by law a bank or trust company only is entitled to afford and perform.(h) The department is authorized to investigate the business affairs of any person, firm, limited liability company, or corporation that uses "bank", "banc", or "banco" in its title or holds itself out as a bank, corporate fiduciary, or trust company for the purpose of determining whether the person, firm, limited liability company, or corporation is violating any of the provisions of this article, and, for that purpose, the department and its agents shall have access to any and all of the books, records, papers, and effects of the person, firm, limited liability company, or corporation. In making its examination, the department may examine any person and the partners, officers, members, or agents of the firm, limited liability company, or corporation under oath, subpoena witnesses, and require the production of the books, records, papers, and effects considered necessary. On application of the department, the circuit or superior court of the county in which the person, firm, limited liability company, or corporation maintains a place of business shall, by proper proceedings, enforce the attendance and testimony of witnesses and the production and examination of books, papers, records, and effects.(i) The department is authorized to exercise the powers under IC 28-11-4 against a person, firm, limited liability company, or corporation that improperly holds itself out as a financial institution.(j) A person, firm, limited liability company, or corporation who violates this section is subject to a penalty of five hundred dollars ($500) per day for each and every day during which the violation continues. The penalty imposed shall be recovered in the name of the state on relation of the department and, when recovered, shall be paid into the financial institutions fund established by IC 28-11-2-9.(k) The word, or a derivation of the word, "bank", "banc", "banco", or "bankcor" may not be included in the name of a corporate fiduciary if the inclusion of the word would create a substantial likelihood of misleading the public by implying that the corporate fiduciary is a state or federally chartered bank, trust company, savings bank, or savings association.(l) A person, firm, limited liability company, or corporation may not use the name of an existing depository financial institution or holding company of a depository financial institution, or a name confusingly similar to that of an existing depository financial institution or holding company of a depository financial institution, when marketing to or soliciting business from a customer or prospective customer if the reference to the existing depository financial institution or holding company of a depository financial institution is: (1) without the consent of the existing depository financial institution or holding company of a depository financial institution; and(2) in a manner that could cause a reasonable person to believe that the marketing material or solicitation:(C) is in any other way the responsibility of; the existing depository financial institution or holding company of a depository financial institution.
(m) An existing depository financial institution or holding company of a depository financial institution may, in addition to any other remedies available under the law, report an alleged violation of subsection (l) to the department. If the department finds that the marketing material or solicitation in question is in violation of subsection (l), the department may direct the person, firm, limited liability company, or corporation to cease and desist from using that marketing material or solicitation in Indiana. If that person, firm, limited liability company, or corporation persists in using the marketing material or solicitation, the department may impose a civil penalty of up to fifteen thousand dollars ($15,000) for each violation. Each instance in which the marketing material or solicitation is sent to a customer or prospective customer constitutes a separate violation of subsection (l).(n) Nothing in subsection (l) or (m) prohibits the use of or reference to the name of an existing depository financial institution or holding company of a depository financial institution in marketing materials or solicitations, if the use or reference does not deceive or confuse a reasonable person regarding whether the marketing material or solicitation:(3) is in any other way the responsibility of; the existing depository financial institution or holding company of a depository financial institution.
(o) A person, firm, limited liability company, or corporation may use the word, or a derivation of the word, "bank", "banc", "banco", or "bankcor" if the use of the word would not create a substantial likelihood of misleading the public by implying that the person, firm, limited liability company, or corporation is a state or federally chartered bank, trust company, savings bank, or savings association.(p) As used in this section, "depository financial institution" has the meaning set forth in IC 28-1-1-6.(q) The department may adopt rules under IC 4-22-2 to implement this section.Amended by P.L. 86-2018,SEC. 209, eff. 1/1/2018.Amended by P.L. 159-2017,SEC. 33, eff. 7/1/2017.Amended by P.L. 186-2015, SEC. 30, eff. 7/1/2015.(Formerly: Acts 1933, c.40, s.246; Acts 1935, c.5, s.45.) As amended by P.L. 142-1984, SEC.2; P.L. 230-1985, SEC.2; P.L. 3-1990, SEC.103; P.L. 8-1991, SEC.15; P.L. 33-1991, SEC.19; P.L. 42-1993, SEC.31; P.L. 122-1994, SEC.81; P.L. 262-1995, SEC.33; P.L. 79-1998, SEC.45; P.L. 215-1999, SEC.4; P.L. 63-2001, SEC.7 and P.L. 134-2001, SEC.8; P.L. 258-2003, SEC.6; P.L. 73-2004, SEC.35; P.L. 10-2006, SEC.31 and P.L. 57-2006, SEC.31; P.L. 90-2008, SEC.26.