Section 5-704 – Preneed Burial Contracts
(a) A preneed burial contract shall contain: (1) the name of the buyer; (2) the name of the seller; (3) the name of each individual, other than the buyer, as to whom the preneed goods or preneed services are to be furnished; (4) a description of the preneed goods or preneed services; and (5) the amount of the buyer’s financial obligation. […]
Section 5-905 – Violation; Enforcement; Penalties
(a) If the Director finds that a person has violated this subtitle or a regulation adopted under this subtitle, the Director may refer the matter to: (1) the Attorney General for civil enforcement; or (2) the appropriate State’s Attorney for criminal prosecution. (b) The Attorney General may sue for and a court may grant: (1) injunctive or other equitable relief; […]
Section 5-705 – Trust Requirements
(a) (1) Except as provided in subsection (b) of this section, a seller shall put in trust the second 50% of the total preneed burial contract price as the seller receives payments from the buyer. (2) Within 30 days after receipt of the last payment, the seller shall deposit an additional amount to make the balance in the […]
Section 5-1001 – Short Title
This title may be cited as the “Maryland Cemetery Act”.
Section 5-706 – Establishment of Trust Accounts
(a) Each trust account shall be: (1) titled “preneed trust account”; and (2) established by the seller in the seller’s name. (b) A trustee appointed under this subtitle must be: (1) a national banking association, as defined in the Financial Institutions Article; (2) a banking institution, as defined in the Financial Institutions Article; (3) any other financial institution allowed by law to […]
Section 5-1002 – Termination of Title
Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, the Office of Cemetery Oversight, the provisions in this title relating to the Office, and all regulations adopted by the Office shall terminate and be of no effect after July 1, 2023.
Section 5-707 – Administration of Trust Accounts
(a) In this section, “seller’s account” means: (1) the total of specific funds deposited from all preneed burial contracts of a seller commingled in a single fund; and (2) any income derived from investing the money in the fund. (b) Trust accounts shall be administered as this subtitle provides. (c) (1) Except as otherwise provided in this subtitle, a trustee appointed […]
Section 5-708 – Disbursement of Money
(a) The trustee may not disburse specific funds until preneed goods are delivered or preneed services are performed as provided in the preneed burial contract or in this subtitle. (b) On performance of a preneed burial contract: (1) the seller shall certify to the trustee: (i) delivery of the preneed goods or performance of the preneed services; and (ii) the […]
Section 5-709 – Disbursement of Money — on Termination of Contract
(a) (1) A buyer may cancel a preneed burial contract as to preneed goods not delivered or preneed services not performed if the buyer: (i) permanently moves more than 75 miles from the cemetery specified in the preneed burial contract; and (ii) gives to the seller written notice, under oath, of the move and includes the buyer’s new permanent […]
Section 5-710 – Duties of Sellers; Regulations
(a) (1) Each seller shall keep detailed records of all preneed burial contracts and specific funds. (2) The records of each seller and of each trustee appointed by the seller are subject to examination by: (i) the Director; (ii) the Attorney General or an authorized representative of the Attorney General; and (iii) the State’s Attorney for the county where the seller […]