55-11-1. End-of-life directives–Prearranged funeral contract–Portion of money paid under contract held in trust. Before a person’s death, the person or someone on the person’s behalf may direct the location, manner, and conditions of disposition of the person’s remains, and the arrangements for funeral goods and services to be provided upon the person’s death, and contract […]
55-11-1.1. Personal property and professional services to be provided under prearranged funeral trust contract. The personal property to be delivered according to the terms of a prearranged funeral trust contract includes such things as: grave liners, vaults, transportation containers, grave markers, cremation urns or vaults, grave ornamentation, flowers, statuary, floral arrangements, caskets, clothing, memorial items, […]
55-11-10. Applicability of §37-24-5.4. Notwithstanding §§55-11-1, 55-11-3, 55-11-5 and 55-11-5.1 and notwithstanding that the prearranged funeral trust contract may create an irrevocable trust, all prearranged funeral trust contracts are subject to the requirements of §37-24-5.4. Source: SL 1986, ch 408, §8.
55-11-11. Prearranged funeral contract pooled funds trust–Creation–Separate accounts–When consent of purchaser required. A prearranged funeral contract pooled funds trust may be created by a funeral director or a funeral establishment licensed in South Dakota, the South Dakota funeral directors association or a cemetery association organized under chapter 55-12. However, separate accounts within the pooled funds […]
55-11-12. Death or relocation of beneficiary of irrevocable prearranged funeral trust–Seller’s option to provide comparable services or return deposits and interest–Disposition of funds. If the beneficiary of an irrevocable prearranged funeral trust for a guaranteed price dies outside the general area or moves outside the general area served by the provider designated in a prearranged […]
55-11-12.1. Disbursement of funds in irrevocable prearranged funeral trust. Every trustee of an irrevocable prearranged funeral trust which does not provide for a guaranteed price shall pay from the trust funds and any accrued interest the actual charges incurred for furnishing funeral services and merchandise to the funeral director, funeral establishment, or embalmer, licensed under […]
55-11-13. Prearranged funeral contract not burial insurance. A prearranged funeral contract sold in compliance with chapter 55-11 is not burial insurance under §58-9-4. Source: SL 1986, ch 408, §14.
55-11-14. Applicability of act to certain contracts. The terms of each prearranged funeral trust contract in effect before July 1, 1986, is subject to chapter 55-11 in effect as it appeared in the 1980 revision and pocket parts of volume 15B of the South Dakota Codified Laws on June 30, 1986. All prearranged funeral trust […]
55-11-15. Certain persons operating cemeteries exempted from provisions regarding sale of merchandise and services–Maintenance of funds. Any person, corporation, partnership, association or other entity engaged in the business of owning, maintaining or operating a cemetery in the state of South Dakota prior to July 1, 1986, shall be exempt from the provisions of this chapter […]
55-11-2. Deposit of trust fund in banking institution or association–Violation as misdemeanor. Within ten days after receipt, the person holding money in trust under §55-11-1 shall deposit it in a banking institution, or place the money in an account in a savings and loan association, or a federal credit union organized under the laws of […]
55-11-3. Contract to be in writing–Copies furnished depository and personal representative of contracting party–Clause concerning trust fund required. A contract pursuant to §55-11-1 shall be in writing and sufficient copies thereof shall be left with the depository pursuant to §55-11-2 to comply with the provisions of this chapter, and a copy thereof shall also be […]
55-11-3.1. Clause required in contract not providing guaranteed price. In addition to the requirements of §55-11-3, any contract entered into pursuant to §55-11-1, which does not provide for a guaranteed price for services or personal property to be delivered or performed pursuant to the terms of the contract, shall contain the following in twelve point […]
55-11-4. Financial institution receiving money in trust–Acknowledgment on copy of prearranged funeral contract. When a banking institution, federal credit union or a savings and loan association has received money in trust under §55-11-2, it shall acknowledge receipt thereof upon the copies of the contract for said prearranged funerals. Source: SL 1953, ch 496, §3; SDC […]
55-11-5. Cancellation of contract creating revocable trust. The contract creating a revocable trust mentioned in §55-11-1 may be canceled by either party thereto at any time upon thirty days’ written notice of such cancellation. Source: SL 1953, ch 496, §1; SDC Supp 1960, §27.1409; SL 1967, ch 104, §1; SL 1975, ch 302, §2.
55-11-5.1. Return of payments required on revocation under contract with guaranteed price. A person who revokes a revocable trust under a contract providing a guaranteed price is entitled to receive one hundred percent of all money paid into trust under the contract together with one hundred percent of accrued interest unless a greater amount is […]
55-11-7. Solicitation of funeral trust contracts–Annual registration required–Exception–Unauthorized solicitation or sale prohibited–Violation as misdemeanor. Notwithstanding the provision contained in subdivision 36-19-38(8), prearranged funeral trust contracts may be solicited. However, no person may sell, offer to sell or solicit a prearranged funeral trust contract unless he registers annually with the State Board of Funeral Service and […]
55-11-8. Information to be submitted upon registration. When a person registers to sell prearranged funeral trust contracts, he shall submit to the State Board of Funeral Service the following information: (1)The name and address of the funeral establishment or cemetery association which has authorized him to sell prearranged funeral trust contracts; (2)His name and address; […]
55-11-9. Annual report required–Contents–Filing fee–Confidentiality–Violation as misdemeanor. Before March first of each year, the owner or manager of each cemetery association or licensed funeral establishment that has entered into any prearranged funeral trust contracts shall file a report covering the period of the preceding calendar year with the State Board of Funeral Service. The report […]
