Indiana Code Title 28. Financial Institutions § 28-5-1-3

(a) The term “capital and surplus” or “unimpaired capital and unimpaired surplus” has the meaning set forth in 12 CFR 32.2.

(b) The term “company” shall mean and include any corporation to which this chapter is applicable.

(c) The term “department” means the department of financial institutions of the state of Indiana.

(d) The department is hereby authorized to approve the issue of capital and investment notes and capital debentures by any company to create capital and surplus, but no such notes and debentures shall be authorized or approved by the department unless such notes and debentures shall, by their terms, provide that the debt, including all accrued and unpaid interest, evidenced thereby shall be subordinate, in order of priority on liquidation, to all of the obligations of the company to the holders of its installment and fully paid certificates of indebtedness or investment and creditors other than such creditors and holders who have expressly agreed otherwise and other than creditors who are such by reason of the ownership of such notes or debentures which the department is authorized to approve by this section.