First Regular Session 117th General Assembly (2011)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type
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will appear in that style type in the introductory clause of each SECTION that adds
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Conflict reconciliation: Text in a statute in this style type
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between statutes enacted by the 2010 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 59
AN ACT to amend the Indiana Code concerning commercial law.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 26-2-9-1; (11)SE0059.1.1. -->
SECTION 1. IC 26-2-9-1, AS AMENDED BY P.L.57-2006,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 1. (a) As used in this chapter, "credit agreement"
means an agreement to:
(1) lend or forbear repayment of money, goods, or things in
(2) otherwise extend credit; or
(3) make any other financial accommodation.
(b) The term includes an agreement to:
(1) amend or modify an agreement;
(2) enter into a new agreement;
(3) forbear from exercising rights under an agreement; or
(4) grant an extension under an agreement;
described in subsection (a).
SOURCE: IC 26-2-9-4; (11)SE0059.1.2. -->
SECTION 2. IC 26-2-9-4, AS AMENDED BY P.L.57-2006,
SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 4. (a) A debtor may assert:
(1) a claim for legal or equitable relief; or
(2) a defense
arising from a credit agreement only if the credit agreement at issue
satisfies the requirements set forth in subsection (b).
(b) A debtor may assert a claim or defense under subsection (a) only
if the credit agreement at issue:
(1) is in writing;
(2) sets forth all material terms and conditions of the credit
agreement, including the loan amount, rate of interest, duration,
and security; and
(3) is signed by the creditor and the debtor.
SOURCE: IC 26-2-9-5; (11)SE0059.1.3. -->
SECTION 3. IC 26-2-9-5 IS REPEALED [EFFECTIVE JULY 1,
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