30-2-9-0.1. Repealed
As added by P.L.220-2011, SEC.482. Repealed by P.L.63-2012, SEC.31.
30-2-9-1. Agreement or Contract; Personal Property, Merchandise, or Services; General Cemetery Law
Sec. 1. (a) Any payment of money made to any person, firm, partnership, association, limited liability company, or corporation, other than a bank or trust company, upon any agreement or contract, or any series or combination of agreements or contracts, which has for a purpose the furnishing or performance of funeral services, or the furnishing […]
30-2-9-1.5. Funeral Trusts
Sec. 1.5. (a) After June 30, 1978, but before July 1, 1982, an individual may establish one (1) funeral trust under this section, in lieu of any other arrangement for advance payment of funeral and burial expense, such as a joint account, that may be lawful under section 1(b) of this chapter. (b) A funeral […]
30-2-9-2. Deposit of Funds; Investments
Sec. 2. All trust funds paid under section 1(a) of this chapter shall be deposited in a bank or trust company whose principal office is in this state, or invested in a savings and loan, or building and loan association whose principal office is in this state, in the name of the trustee, as trustee, […]
30-2-9-3. Permits; Fidelity Bonds; Accounts, Books, and Records
Sec. 3. No person, firm, partnership, association, limited liability company, or corporation may accept or hold trust funds paid under section 1(a) of this chapter without first securing from the state board of funeral service a permit to accept and hold the funds. Applications for the permit must be in writing, signed by the applicant, […]
30-2-9-4. Deposits or Investments; Interest or Dividends; Withdrawal; Forfeiture
Sec. 4. The amount or amounts deposited or invested, with interest or dividends on the amount or amounts, if any, shall not be withdrawn until the death of the person or persons for whose funeral or burial such funds were paid, unless sooner withdrawn and repaid to the person who originally paid the money under […]
30-2-9-5. Compensation and Expenses of Trustee
Sec. 5. This chapter shall not be construed to prohibit a trustee under section 1(a) of this chapter from being reimbursed and receiving from the fund its reasonable expenses in the custody and administration of the funds and the usual and reasonable compensation for its services as the trustee. However, the expenses and compensation shall […]
30-2-9-6. Liquidated Damages
Sec. 6. It shall be unlawful for any such agreement or agreements to provide for forfeiture and retention of payments upon any such agreement or series of agreements as and for liquidated damages for default of the agreement or series of agreements in excess of ten percent (10%) of the payments made or thirty-five dollars […]
30-2-9-7. False Reports; Illegal Use or Disbursement of Funds
Sec. 7. (a) Except as provided in subsection (b) or (c), a person who violates this chapter or makes any false and fraudulent report required under this chapter commits a Class B misdemeanor. (b) A person who knowingly or intentionally uses or disburses funds in a funeral trust established under this chapter for purposes other […]
30-2-9-8. Partial Invalidity of Law
Sec. 8. If any part or parts of this chapter shall be held unconstitutional, the remaining provisions shall be given full force and effect as completely as if the part held unconstitutional had not been included in this chapter, if such remaining part or parts can then be administered for the purpose of licensing and […]