Section 436.435 – Compliance of contracts entered into prior to effective date — investment of trust property and assets — loans against assets prohibited.
Effective – 28 Aug 2009 436.435. Compliance of contracts entered into prior to effective date — investment of trust property and assets — loans against assets prohibited. — 1. To the extent that any provisions in this chapter which come into effect on August 28, 2009, apply to trusts governed under this chapter which are […]
Section 436.440 – Provisions applicable to all preneed trusts.
Effective – 28 Aug 2009 436.440. Provisions applicable to all preneed trusts. — 1. The provisions of this section shall apply to all preneed trusts, including trusts established before August 28, 2009. 2. A preneed trustee may delegate to an agent duties and powers that a prudent trustee of comparable skills would reasonably delegate under […]
Section 436.445 – Trustee not to make decisions, when.
Effective – 28 Aug 2011, 2 histories 436.445. Trustee not to make decisions, when. — A trustee of any preneed trust, including trusts established before August 28, 2009, shall not after August 28, 2009, make any decisions to invest any trust fund with: (1) The spouse of the trustee; (2) The descendants, siblings, parents, or […]
Section 436.450 – Insurance-funded preneed contract requirements.
Effective – 28 Aug 2011, 2 histories 436.450. Insurance-funded preneed contract requirements. — 1. An insurance-funded preneed contract shall comply with sections 436.400 to 436.520 and the specific requirements of this section. 2. A seller, provider, or any preneed agent shall not receive or collect from the purchaser of an insurance-funded preneed contract any amount […]
Section 436.410 – Applicability exceptions.
Effective – 28 Aug 2009 436.410. Applicability exceptions. — The provisions of sections 436.400 to 436.520 shall not apply to any contract or other arrangement sold by a cemetery operator for which payments received by or on behalf of the purchaser are required to be placed in an endowed care fund or for which a […]
Section 436.412 – Violations, disciplinary actions authorized — governing law for contracts.
Effective – 28 Aug 2011, 2 histories 436.412. Violations, disciplinary actions authorized — governing law for contracts. — Each preneed contract made before August 28, 2009, and all payments and disbursements under such contract shall continue to be governed by this chapter as the chapter existed at the time the contract was made. Any licensee […]
Section 436.333 – Unenforceability of contracts entered into after August 28, 2002.
Effective – 28 Aug 2002 436.333. Unenforceability of contracts entered into after August 28, 2002. — A contract or agreement formed after August 28, 2002, shall be unenforceable to the extent that its provisions are inconsistent with sections 436.300 to 436.336. If retainage is withheld in violation of sections 436.300 to 436.360, a court may, […]
Section 436.336 – Applicability.
Effective – 28 Aug 2002 436.336. Applicability. — Sections 436.300 to 436.336 shall apply to contracts and agreements entered into after August 28, 2002. Sections 436.300 to 436.336 shall apply to all private construction projects, except single-family residential construction and other residential construction consisting of four or fewer units. ——– (L. 2002 H.B. 1403)
Section 436.350 – Definitions.
Effective – 28 Aug 2005 436.350. Definitions. — As used in sections 436.350 to 436.365, unless the context clearly requires otherwise, the following terms shall mean: (1) “Action”, any civil lawsuit, action, or proceeding, in contract or tort, or otherwise, for damages or indemnity, brought to assert a claim, whether by petition, complaint, counterclaim, or […]
Section 436.353 – Notice of offer to cure defects by contractor, contents — effect on court actions.
Effective – 28 Aug 2005 436.353. Notice of offer to cure defects by contractor, contents — effect on court actions. — 1. The contractor shall provide notice to each homeowner upon entering into a contract for sale, construction, or substantial remodel of a residence of the contractor’s right to offer to cure construction defects before […]