30-2-13-0.1. Repealed
As added by P.L.220-2011, SEC.485. Repealed by P.L.63-2012, SEC.33.
30-2-13-1. Applicability of Chapter
Sec. 1. (a) Except as provided in subsection (b), this chapter applies to any written agreement between a purchaser and a seller that obligates the seller to provide prepaid services or merchandise, or both, for a named individual in conjunction with the death, funeral, burial, or final disposition of the individual. (b) Except as provided […]
30-2-13-10. “Seller”
Sec. 10. As used in this chapter, “seller” means a person doing business as a sole proprietor, a firm, a limited liability company, a corporation, an association, or a partnership contracting to provide services or merchandise, or both, to a named individual. As added by P.L.200-1991, SEC.1. Amended by P.L.8-1993, SEC.468; P.L.114-1999, SEC.5.
30-2-13-11. “Trustee” or “Escrow Agent, Acting as a Fiduciary”
Sec. 11. (a) As used in this chapter, “trustee” or “escrow agent, acting as a fiduciary”, means a: (1) bank; (2) trust company; (3) savings association; or (4) credit union; that maintains an office in Indiana and is qualified under state or federal law to serve as a trustee or escrow agent, acting as a […]
30-2-13-11.5. “Cash Advance Item”
Sec. 11.5. (a) As used in this chapter, “cash advance item” means an item of property, or services, or merchandise that is not sold directly by a seller and is described to a purchaser as one (1) of the following: (1) A cash advance. (2) An accommodation. (3) A cash disbursement. (4) An estimated future […]
30-2-13-12. Contracts
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 contract may be funded with cash, either in a […]
30-2-13-12.1. Contracts Entered Into After December 31, 1995, and Before July 1, 1999
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 merchandise, or both. Each contract may be funded […]
30-2-13-12.5. Contracts Entered Into After June 30, 1999
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 or merchandise subject to a contract entered into under this chapter. (b) A […]
30-2-13-13. Designation of Successor Sellers
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 or at-need services or merchandise, or both, to a named individual; […]
30-2-13-14. Conversion of Trust or Escrow Agreement; Change in Method of Funding; New or Successor Trustee or Escrow Agent
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 subsequently be changed […]
30-2-13-15. Loss of Certificate of Authority or License by Seller; Notice to Purchaser; Selection of New Seller; Transfer of Unperformed Contracts and Funds to Successor Owner
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 reason; or (4) sells or leases the seller’s business, […]
30-2-13-16. Sale, Consolidation, Merger, Disposal, or Lease of Assets in Bulk; Designation of Successor
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 seller’s business, facilities, or assets; […]
30-2-13-17. Successors to Seller; Obligations
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 shortages in a trust under this chapter existing […]
30-2-13-18. Compensation and Expenses of Trustee; Withdrawal of Tax Liability
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 assessed against the purchasers’ interest in […]
30-2-13-19. Common Trust Fund
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 maintained under this section do not need […]
30-2-13-2. “Agent”
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.
30-2-13-2.5. “At-Need Services and Merchandise”
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.
30-2-13-20. Funeral Service Contracts; Ratification by Funeral Director
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 contract is made. A contract ratified […]
30-2-13-21. Agents of Seller; Seller Liability; Written Statement
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 is responsible and liable […]
30-2-13-22. Seller Bond or Permit
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.