Ohio § 4717.38 Construction of R.C. 4717.31 to 4717.38

Ohio Statutes

§ 4717.38 — Construction of R.C. 4717.31 to 4717.38

Ohio § 4717.38

Title 47Occupations-Professions

Ch. 4717Embalmers, Funeral Directors, Crematories

This text of Ohio § 4717.38 (Construction of R.C. 4717.31 to 4717.38) is published on Counsel Stack Legal Research, covering Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ohio Rev. Code Ann. § 4717.38 (2026).

Text

Sections4717.31to4717.38of the Revised    Code shall be construed as a limitation on the manner in which a    person is permitted to accept funds in prepayment for funeral    services to be performed in the future, or funeral goods to be    used in connection with the funeral or final disposition of human    remains, to the end that at all times members of the public may    have an opportunity to arrange and pay for a funeral for    themselves and their families in advance of need while at the same    time providing all possible safeguards to ensure that prepaid    funds cannot be dissipated, whether intentionally or not, but    remain available for payment for funeral goods and funeral    services in connection with the funeral or final disposition of    dead human bodies.

Sections4717.3

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Sections4717.31to4717.38of the Revised Code shall be construed as a limitation on the manner in which a person is permitted to accept funds in prepayment for funeral services to be performed in the future, or funeral goods to be used in connection with the funeral or final disposition of human remains, to the end that at all times members of the public may have an opportunity to arrange and pay for a funeral for themselves and their families in advance of need while at the same time providing all possible safeguards to ensure that prepaid funds cannot be dissipated, whether intentionally or not, but remain available for payment for funeral goods and funeral services in connection with the funeral or final disposition of dead human bodies.

Sections4717.31to4717.38of the Revised Code do not apply to a seller if that seller is an established and legally cognizable church or denomination that is exempt from federal income taxation under section 501(c)(3) of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 501, as amended, and the preneed funeral contract pertains to a cemetery owned and operated entirely and exclusively by the church or denomination, on the condition that the church or denomination adopts, on a voluntary basis, rules and other measures to safeguard and secure all funds received under any preneed funeral contract.

Any money, insurance policies, annuities, or other items delivered in payment of a preneed funeral contract, and any funds held in trust pursuant to section4717.36of the Revised Code, are exempt from levy, attachment, or sale to satisfy a judgment or order.

Last updated October 20, 2022 at 5:20 PM