§ 689.315 — Prepaid contracts: Maintenance and administration of trust fund; exception

Nevada § 689.315

• Jurisdiction: Nevada
• Title 57: INSURANCE
• Ch. 689: Funeral

Text

1. Except as otherwise provided in subsection 2:
(a) The seller shall establish and maintain a trust fund with an authorized trustee, for the benefit of the beneficiary of the prepaid contract, in accordance with the trust agreement filed with and approved by the Commissioner.
(b) The seller shall maintain unimpaired and shall deposit in the trust fund, within 15 days after the end of the month in which payment was received, all installments received on prepaid contracts sold after the sales commission has been deducted.
(c) The trustee shall, with respect to the money in the trust fund, exercise the judgment and care under the circumstances then prevailing which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to speculation, but in regard to the permanent disposition of their money, considering the probable income as well as the probable safety of their capital. Within the limitations of such standards, and subject to any express provision or limitation contained in any particular trust instrument, a trustee may acquire and retain every kind of investment, specifically including bonds, debentures and other corporate obligations and stocks, preferred or common, which persons of prudence, discretion and intelligence acquire or retain for their own account.
(d) Except as otherwise provided in NRS 689.150 to 689.375 , inclusive, or the trust agreement approved in writing by the Commissioner or as may be required by an order of a court of competent jurisdiction, the trustees shall maintain the trust fund intact and unimpaired and shall make no other payment or disbursement from the trust fund.
2. The requirements of subsection 1 do not apply if:
(a) The prepaid contract is payable solely from the proceeds of a policy of life insurance; and
(b) The seller of the prepaid contract does not collect any money from the purchaser of the prepaid contract.

Legislative History

(Added to NRS by 1971, 1399 ; A 1987, 1266 ; 1997, 1626 ; 2007, 3324 )