2021 Indiana Code
Title 9. Motor Vehicles
Article 32. Dealer Services
Chapter 16. Administration and Legal Proceedings
9-32-16-11. Filings With Business Services Division; Background Check; Change of Dealer Owner or Dealer Manager; Notification of Certain Convictions

Sec. 11. (a) All dealers and transport operators operating as a:

(1) corporation;

(2) limited liability company;

(3) limited partnership; or

(4) limited liability partnership;

shall file and maintain all filings required to remain in good standing with the secretary of state business services division.

(b) The dealer must, for the entire licensing period, have an established place of business with a physical Indiana address. The dealer may not have a mailing address that differs from the actual location of the business. At the discretion of the secretary, an exemption may be granted for dealers with an established place of business in a location not serviced by the United States Postal Service to allow a post office box to be used as a mailing address. A dealer using a post office box for this reason must notify the division in writing with the dealer's application.

(c) Before the secretary may issue a license to a dealer or license plates to a transport operator, the following must occur:

(1) A dealer or transport operator must disclose to the secretary the following:

(A) Each dealer owner.

(B) For a dealer owner that is a business entity, the following:

(i) If a corporation, each officer, director, and shareholder designated in writing by the board of directors.

(ii) If a limited liability company, each member of the company designated in writing by all members.

(iii) If a partnership, each partner.

(iv) If a sole proprietorship, the proprietor.

(C) Except for a transport operator, each dealer manager.

(2) A person under subdivision (1) must submit to a national criminal history background check (as defined in IC 10-13-3-12) or expanded criminal history check (as defined in IC 20-26-2-1.5) administered by the state police.

The secretary shall make the determination whether an individual must submit to a national criminal history background check or an expanded criminal history check under this subsection.

(d) A national criminal history background check or expanded criminal history check conducted under subsection (c):

(1) is at the expense of the dealer or transport operator, and the dealer owners; and

(2) may be completed not more than sixty (60) days before the dealer applies for a license under this article.

(e) The secretary may deny an application for a license or transport operator license plates if the division finds that a dealer owner or a dealer manager has been convicted of a:

(1) felony within the previous ten (10) years;

(2) felony or misdemeanor involving theft or fraud; or

(3) felony or misdemeanor concerning an aspect of business involving the offer, sale, financing, repair, modification, or manufacture of a motor vehicle or watercraft.

(f) If a dealer or transport operator adds, removes, or changes a dealer owner or dealer manager after issuance of the initial license, the dealer or transport operator must submit an application for a change in ownership in a manner prescribed by the secretary not later than ten (10) days after the change. The new dealer owner or dealer manager shall submit to a national criminal history background check or expanded criminal history check as set forth in subsection (c).

(g) Following licensure under this article, a dealer or transport operator shall, not later than ninety (90) days after the entry of an order or judgment, notify the division in writing if the dealer owner or dealer manager has been convicted of a:

(1) felony within the past ten (10) years;

(2) felony or misdemeanor involving theft or fraud; or

(3) felony or misdemeanor concerning an aspect of business involving the:

(A) offer;

(B) sale;

(C) financing;

(D) repair;

(E) modification; or

(F) manufacture;

of a motor vehicle or watercraft.

(h) The dealer or transport operator, and the corporation, company, or partnership must be in good standing with the bureau, the department of state revenue, the department of financial institutions, and the state police department during the entire period for which a license is valid.

As added by P.L.92-2013, SEC.78. Amended by P.L.62-2014, SEC.42; P.L.174-2016, SEC.114; P.L.179-2017, SEC.95; P.L.137-2018, SEC.12; P.L.284-2019, SEC.38; P.L.120-2020, SEC.77; P.L.182-2021, SEC.24.