§35-5B-14. Transfer of Trust Funds to Another Trustee
The seller may, upon notification in writing to the trustee, and upon such other terms and conditions as the agreement between them may specify, transfer its account funds to another trustee qualified under the provisions of this article. The trustee may, upon notification in writing to the seller, and upon such other terms and conditions […]
§35-5B-15. Use of Trustee's Name in Advertisements
No person subject to the provisions of this article may use the name of the trustee in any advertisement or other public solicitation without written permission of the trustee.
§35-5B-16. Cemetery Property Maintained by Cemetery Company
With respect to cemetery property maintained by a cemetery company, the cemetery company is responsible for the performance of: (1) The care and maintenance of the cemetery property it owns; and
§35-5B-17. Waiver of Article Void
Any provision of any contract which purports to waive any provision of this article is void.
§35-5B-18. Violation a Misdemeanor
Any person who violates any of the provisions of this article is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than one hundred nor more than $1,000 for each occurrence, or incarcerated in the county or regional jail for a term not to exceed one year, or both fined and […]
§35-5B-19. Abandoned Interment Rights
(a) A preneed cemetery company contract may include a provision whereby interment rights that are not used for a period of seventy-five years or more shall be deemed abandoned if unclaimed and shall revert to the cemetery company if the procedures in subsection (b) are followed. (b) (1) Prior to deeming an owner's interment rights […]
§35-5B-12. Breach of Contract by Seller; Trust to Be Single Purpose Trust
(a) If, after a written request, the seller fails to perform its contractual duties, the purchaser, executor or administrator of the estate, or heirs, or assigns or duly authorized representative of the purchaser shall be entitled to maintain a proper legal or equitable action in any court of competent jurisdiction. No other purchaser need be […]
§35-5B-13. Trustee May Rely on Certifications and Affidavits
The trustee may rely upon all certifications and affidavits which have been made pursuant to the provisions of this article and is not liable to any person for such reasonable reliance.
§35-5B-5. Requirements for Preneed Cemetery Company Contracts
A preneed cemetery company contract shall: (1) Be written in clear understandable language and printed in easy-to-read type, size and style;
§35-5B-6. Identification of Funds
Any funds deposited in the trust account as required by section four of this article shall be identified in the records of the seller by the contract number and by the name of the buyer. The trustee may commingle the deposits in any preneed trust account for the purposes of the management thereof and the […]