Ind. Code § 24-4-17-9

Current through P.L. 171-2024
Section 24-4-17-9 - Funds from sale of item on consignment as trust funds
(a) If an item is trust property under section 8 of this chapter when a retail merchant initially receives it, the item remains trust property until the balance due the consignor from the sale of the item is paid in full, even if the retail merchant directly or indirectly purchases the item for the retail merchant's own account.
(b) If a retail merchant resells an item described in subsection (a) to a bona fide purchaser before the consignor has been paid in full, the item ceases to be trust property and the proceeds of the resale are trust funds in the hands of the retail merchant for the benefit of the consignor to the extent necessary to pay any balance due the consignor. The trusteeship of the proceeds continues until the fiduciary obligation of the retail merchant with respect to the transaction is discharged in full.

IC 24-4-17-9

As added by P.L. 85-2009, SEC.2. Amended by P.L. 1-2010, SEC.95.