Title 30, TRUSTS AND FIDUCIARIES

Sec. 12. (a) This section applies to contracts for prepaid services or merchandise, or both, entered into under this chapter before January 1, 1996. (b) A purchaser may enter into more than one (1) contract under this chapter for prepaid services or merchandise, or both. Each con…

Sec. 12.1. (a) This section applies to contracts for prepaid services or merchandise, or both, entered into under this chapter after December 31, 1995, and before July 1, 1999. (b) A purchaser may enter into more than one (1) contract under this chapter for prepaid services or me…

Sec. 12.5. (a) This section applies to the following contracts entered into or established under this chapter after June 30, 1999: (1) Contracts for prepaid services. (2) Contracts for prepaid merchandise. (3) Trusts or escrows established to hold consideration paid for services …

Sec. 13. (a) Notwithstanding section 10 of this chapter, as used in this section, "seller" means an individual, a person doing business as a sole proprietor, a firm, a corporation, an association, a limited liability company, or a partnership: (1) contracting to provide prepaid o…

Sec. 14. (a) A trust or an escrow agreement created under: (1) IC 23-14-49-1; (2) IC 30-2-9; or (3) IC 30-2-10; may not be converted to a trust or an escrow agreement required by section 12 or 12.5 of this chapter. (b) A contract that has been funded with cash may not subsequentl…

Sec. 15. (a) If a seller: (1) ceases to have a certificate of authority or loses a professional license required to provide services under this chapter; (2) ceases to exist or operate; (3) is incapable of performing the seller's obligations under an unperformed contract for any r…

Sec. 16. (a) Except for sales of stock or merchandise in the ordinary course of the seller's business, a seller who has deposited money or an insurance policy under section 12 or 12.5 of this chapter may not: (1) sell, consolidate, merge, or dispose of assets; or (2) lease the se…

Sec. 17. A seller may not sell the seller's stock, business, or assets, transfer assets, merge or consolidate, in whole or in part, or sell, transfer, or consolidate contracts unless: (1) the purchaser of the stock, business, or assets or the successor in interest is liable for s…

Sec. 18. A trustee or an escrow agent may be reimbursed for necessary expenses and be paid reasonable compensation for those services from the trust or escrow. A trustee or an escrow agent shall also be permitted to withdraw from trust or escrow any federal or state tax liability…

Sec. 19. (a) A trustee may place trust money in a common or commingled trust fund under a single trust instrument. (b) A trustee shall maintain a separate accounting record for each seller who deposits funds in a trust. (c) Except for trusts established under IC 30-2-10, records …

Sec. 2. As used in this chapter, "agent" means a person authorized by a seller to offer, sell, or solicit the sale of a contract on behalf of the seller and includes an employee or independent contractor of the seller. As added by P.L.200-1991, SEC.1.

Sec. 2.5. (a) As used in this chapter, "at-need services and merchandise" includes personal property or services: (1) listed in section 8(1) of this chapter; and (2) purchased after the time of death. (b) The term does not include burial rights. As added by P.L.207-1993, SEC.26.…

Sec. 20. If an agent and a purchaser execute a contract covering funeral services (as defined in IC 25-15), the contract is valid only if the contract is ratified by a funeral director licensed under IC 25-15 who is directly affiliated with the seller as an agent when the contrac…

Sec. 21. A seller who solicits for or enters into a contract under this chapter must satisfy the following conditions: (1) An agent who acts on behalf of a seller must be directly affiliated with the seller for whom the agent is acting. (2) The contract must state that the seller…

Sec. 22. A bond or permit is not required of a seller except as specifically required in this chapter. As added by P.L.200-1991, SEC.1.

Sec. 23. (a) A contract is invalid if the contract allows the purchaser the right to: (1) convert, substitute, or exchange the purchase of burial rights for the purchase of services or merchandise; (2) free services or merchandise in exchange for the purchase of other services or…

Sec. 24. A seller or an agent may not knowingly do the following: (1) Except on request of a prospective purchaser, contact prospective purchasers in hospitals, health facilities, or similar institutions for the purpose of soliciting the sale of prepaid services or merchandise. (…

Sec. 25. Solicitation of a sale of prepaid services or merchandise is permitted by a seller or an agent of a seller if the following exist: (1) The conditions set forth in sections 21 and 24 of this chapter are observed. (2) The following are clearly identified: (A) The seller or…

Sec. 26. During the lifetime of the purchaser the contract executed under this chapter is confidential and neither the seller nor the trustee may disclose to a third party the identity of the purchaser or the terms of the contract. This section does not prohibit normal commercial…

Sec. 27. Each seller of a prepaid contract under this chapter shall pay to the board on a form provided by it not later than March 1 of each year from money not deposited in a trust or escrow the following amounts for each contract written during the preceding calendar year: (1) …

Sec. 28. (a) The preneed consumer protection fund is established. The board shall deposit receipts under section 27 of this chapter in the preneed consumer protection fund. (b) The expenses of administering the fund shall be paid from money in the fund. (c) The money in the fund …

Sec. 29. (a) Money in the fund may be used to provide restitution to a seller who performs a defaulted contract, to a purchaser, or to a purchaser's estate for pecuniary loss arising from a trust or an escrow required by: (1) this chapter; (2) IC 23-14-49-1; (3) IC 30-2-9; or (4)…

Sec. 3. As used in this chapter, "board" refers to the state board of funeral and cemetery service established by IC 25-15-9-1. As added by P.L.200-1991, SEC.1.

Sec. 30. (a) The seller shall maintain accurate records, books, and accounts for each contract sold under this chapter containing the following: (1) Copies of all contracts. (2) The dates of all contracts. (3) The amounts paid and received under each contract. (4) The complete na…

Sec. 31. (a) A seller who is required to register under this article, a cemetery under IC 25-15-9-17, a funeral home under IC 25-15, and a perpetual care fund under IC 23-14-48 shall file an annual report with the board that provides the following information: (1) The name and lo…

Sec. 32. A seller of: (1) prepaid services or merchandise; or (2) at-need services or merchandise; shall maintain for display or on request at the seller's place of business and in the possession of an agent appointed by the seller a fully detailed general price list of all prepa…

Sec. 33. (a) A seller may not sell or provide prepaid services or merchandise or a contract designed to provide a funding mechanism to be used in conjunction with the purchase of prepaid services or merchandise under this chapter without first obtaining a certificate of authority…

Sec. 34. The board may adopt rules under IC 4-22-2 to implement this chapter. As added by P.L.200-1991, SEC.1.

Sec. 35. It is a violation of this chapter for a seller to misrepresent the character, quality, durability, or suitability for a specific or an intended purpose of services or merchandise offered for sale to a purchaser. As added by P.L.200-1991, SEC.1.

Sec. 36. The board may suspend the certificate of authority of a seller who violates a provision of this chapter. The board may suspend the certificate of authority of a seller who intentionally violates section 12.5 of this chapter for at least one (1) year. The board may assess…

Sec. 38. (a) A seller who violates a provision of this chapter commits an uncured deceptive act (as defined in IC 24-5-0.5-2). (b) A person doing business as a sole proprietor, a firm, a limited liability company, a corporation, an association, or a partnership, but not acting as…

Sec. 39. (a) This section does not apply to a trust funded by the method described in section 11(c) of this chapter. (b) A seller may not be an affiliate, a parent, or a subsidiary organization of the trustee or escrow agent, acting as a fiduciary, of a trust or escrow account es…

Sec. 4. As used in this chapter, "contract" means a written agreement between a purchaser and a seller that: (1) obligates the seller to provide prepaid services or merchandise, or both, for a named individual; and (2) becomes irrevocable thirty (30) days after the written agreem…

Sec. 5. As used in this chapter, "delivery" means the time when: (1) services are performed in connection with the funeral or other disposition of the purchaser or the individual for whom services are to be provided under the contract; (2) except for merchandise described in sect…

Sec. 6. As used in this chapter, "fund" refers to the preneed consumer protection fund established by section 28 of this chapter. As added by P.L.200-1991, SEC.1.

Sec. 7. As used in this chapter, "insurance policy" means a policy providing one (1) or more of the types of insurance described in IC 27-1-5-1, Class 1(a) and Class 1(c). As added by P.L.200-1991, SEC.1.

Sec. 8. As used in this chapter, "prepaid services or merchandise" or "services or merchandise" includes personal property or services: (1) typically sold or provided in connection with the final disposition or memorialization of human remains, including: (A) caskets or other pri…

Sec. 9. As used in this chapter, "purchaser" means a person or firm contracting with a seller for services or merchandise to be provided or delivered for a named individual. As added by P.L.200-1991, SEC.1. Amended by P.L.207-1993, SEC.28; P.L.114-1999, SEC.4; P.L.143-2009, SEC.1…