§ 30-2-9-1 — Agreement or contract; personal property, merchandise, or services; General Cemetery law

Indiana § 30-2-9-1

• Jurisdiction: Indiana
• Art. 2: GENERAL PROVISIONS
• Ch. 9: Prepaid Funeral Plans and Funeral Trust Funds

Text

(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 or delivery of any personal property, merchandise, or
services of any nature in connection with the final disposition of a dead
human body, for future use at a time determinable by the death of the
person or persons whose body or bodies are to be so disposed of, shall
be held to be trust funds, and the person, firm, partnership, association,
or corporation receiving said payments is hereby declared to be a
trustee thereof. This subsection applies only to such a contract or
agreement executed before July 1, 1978.
(b) After June 30, 1978, it is unlawful to enter into any agreement
or contract for a purpose described in subsection (a) unless the
agreement or contract requires that all payments be made by the settlor
to an account in a:
(1) bank;
(2) trust company;
(3) savings association; or
(4) credit union;
whose principal office is in Indiana.
(c) Nothing contained in this chapter shall be deemed or construed
to apply to those persons, firms, partnerships, associations, limited
liability companies, or corporations covered by the "Indiana General
Cemetery Law", IC 23-14-33 through IC 23-14-76.
Formerly: Acts 1963, c.303, s.1. As amended by Acts 1978,
P.L.133, SEC.1; Acts 1979, P.L.272, SEC.1; P.L.8-1993, SEC.465;
P.L.79-1998, SEC.92; P.L.109-2015, SEC.47.