Form Tmc-1 - Tobacco Manufacturer Certificate Page 5
Download a blank fillable Form Tmc-1 - Tobacco Manufacturer Certificate in PDF format just by clicking the "DOWNLOAD PDF" button.
Open the file in any PDF-viewing software. Adobe Reader or any alternative for Windows or MacOS are required to access and complete fillable content.
Complete Form Tmc-1 - Tobacco Manufacturer Certificate with your personal data - all interactive fields are highlighted in places where you should type, access drop-down lists or select multiple-choice options.
Some fillable PDF-files have the option of saving the completed form that contains your own data for later use or sending it out straight away.
ADVERTISEMENT
1
2
3
4
5(h) A nonparticipating manufacturer shall maintain all invoices and
family that are in the possession of the retailer on the date on which
documentation of sales and any other relevant information for a
the tobacco product manufacturer or brand family is removed from
period of five (5) years unless otherwise required by law to maintain
the directory.
the invoices, documentation of sales, or other relevant information
(h) The attorney general shall not restore a tobacco product
for more than five (5) years.
manufacturer or brand family to the directory until the tobacco
Sec. 14.
product manufacturer pays a distributor, stamping agent, or retailer
(a) Not later than July 1 of each year, the attorney general shall
any refund due under subsection (f) or (g).
make available to the public by publishing on AccessIndiana (as
(i) A distributor or stamping agent shall provide and update as
defined in IC 5-21-1-1.5) a directory listing all brand families listed in
necessary an electronic mail address to the attorney general for
certifications filed under section 13 of this chapter.
purposes of receiving a notification required by this chapter.
(b) A directory described in subsection (a) shall not include the
Sec. 15.
name or brand families of a nonparticipating manufacturer:
A person may not:
(1) that fails to comply with section 13 of this chapter; or
(1) affix a stamp to a package or other container of cigarettes;
(2) whose certification fails to comply with section 13(c) or
or
13(e) of this chapter, unless the attorney general determines
(2) sell or offer or possess for sale in Indiana cigarettes;
that the failure has been remedied.
of a tobacco product manufacturer or brand family that is
(c) The directory may not include a tobacco product
not listed in a directory under section 14 of this chapter.
manufacturer or a brand family if the attorney general concludes
Sec. 16
that:
(a) A foreign nonparticipating manufacturer that has not
(1) in the case of a nonparticipating manufacturer, all escrow
registered to do business in Indiana shall, as a condition precedent
payments required under IC 24-3-3-12 for any period for
to having the foreign nonparticipating manufacturer’s brand families
any brand family, whether or not listed by the
listed in a directory under section 14 of this chapter, appoint and
nonparticipating manufacturer, have not been fully paid
engage without interruption the services of an agent in Indiana to
into a qualified escrow fund governed by a qualified escrow
act as the foreign nonparticipating manufacturer’s agent for the
agreement that has been approved by the attorney general;
service of process. Service on an agent under this section constitutes
or
legal and valid service of process on the foreign nonparticipating
(2) all outstanding final judgments, including interest on
manufacturer that appointed and engaged the services of the agent.
the judgments, for violations of IC 24-3-3 have not been
The foreign nonparticipating manufacturer shall provide the
fully satisfied for the tobacco product manufacturer or
following information to the department and the attorney general:
brand family.
(1) The name, address, and telephone number of the agent.
(d) The attorney general shall update the directory as necessary
(2) Proof of the appointment of the agent.
to correct mistakes or to add or remove a tobacco product
(3) The availability of the agent.
manufacturer or brand family to keep the directory in conformity
(4) Any other information required by the department or
with the requirements of this chapter.
the attorney general.
(e) The attorney general shall post in the directory and transmit
(b) A foreign nonparticipating manufacturer shall provide notice
by electronic mail or other means to each distributor or stamping
to the department and the attorney general not less than thirty (30)
agent notice of any removal from the directory of a tobacco product
days before the foreign nonparticipating manufacturer terminates
manufacturer or brand family not later than thirty (30) days before
the authority of an agent appointed under this section. The foreign
the attorney general removes the tobacco product manufacturer or
nonparticipating manufacturer shall provide proof to the satisfaction
brand family from the directory.
of the attorney general of the appointment of a new agent not less
(f) Unless otherwise provided in an agreement between a
than five (5) days before the foreign nonparticipating manufacturer
tobacco product manufacturer and a distributor or stamping agent,
terminates an existing agency appointment.
a distributor or stamping agent is entitled to a refund from a tobacco
(c) If an agent terminates an agency appointment, the foreign
product manufacturer for any money paid by the distributor or
nonparticipating manufacturer shall:
stamping agent to the tobacco product manufacturer for any
(1) notify the department and the attorney general of the
cigarettes of the tobacco product manufacturer or brand family that:
termination not more than five (5) days after the termination;
(1) are in the possession of the distributor or stamping
and
agent on; or
(2) provide proof to the satisfaction of the attorney general
(2) the distributor or stamping agent receives from a retailer
of the appointment of a new agent.
after;
(d) A foreign nonparticipating manufacturer that:
the date on which the tobacco product manufacturer or brand family
(1) sells products in Indiana; and
is removed from the directory.
(2) has not appointed an agent under this section;
(g) Unless otherwise provided in an agreement between a retailer
is considered to have appointed the secretary of state as the foreign
and a distributor, stamping agent, or tobacco product manufacturer,
nonparticipating manufacturer’s agent. The appointment of the
a retailer is entitled to a refund from a distributor, stamping agent, or
secretary of state under this subsection as the foreign
tobacco product manufacturer for any money paid by the retailer to
nonparticipating manufacturer’s agent does not satisfy the condition
the distributor, stamping agent, or tobacco product manufacturer
precedent to having the foreign nonparticipating manufacturer’s
for any cigarettes of the tobacco product manufacturer or brand
brand families listed in a directory under section 14 of this chapter.
5
ADVERTISEMENT
0 votes
Related Articles
Related forms
Form Fbu-1 - Application For Certificate Of Authority For Foreign Business & Professional Corporation, Form Ra-1 - Registered Agent Written Consent - 2010
Legal
Form Flp-1 - Application For Certificate Of Authority For Foreign Limited Partnership, Form Ra-1 - Registered Agent Written Consent - 2010
Legal
Related Categories
Parent category: Financial