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 in subsections (c) and (d), this chapter does not apply to the following:
(1) Perpetual care funds under IC 23-14-48.
(2) The sale of burial rights. However, this chapter applies to the sale of services or merchandise sold in conjunction with the sale of burial rights and to the use of free or discounted burial rights as an inducement for a purchaser to transfer sellers.
(3) A contract between a purchaser and a seller that requires delivery of prepaid services or merchandise, or both, not later than one (1) year after the date of final payment and for circumstances other than death.
(c) The annual reporting requirements of section 31 of this chapter apply to a perpetual care fund.
(d) The solicitation requirements of section 24 of this chapter and the provisions concerning inducement in section 13(h) of this chapter apply to the sale of burial rights.
As added by P.L.200-1991, SEC.1. Amended by P.L.207-1993, SEC.25; P.L.120-1994, SEC.2; P.L.241-1995, SEC.2; P.L.114-1999, SEC.1; P.L.14-2000, SEC.62.
Structure Indiana Code
Title 30. Trusts and Fiduciaries
Chapter 13. Payment of Funeral, Burial Services, or Merchandise in Advance of Need
30-2-13-1. Applicability of Chapter
30-2-13-2.5. "At-Need Services and Merchandise"
30-2-13-8. "Prepaid Services or Merchandise" or "Services or Merchandise"
30-2-13-11. "Trustee" or "Escrow Agent, Acting as a Fiduciary"
30-2-13-11.5. "Cash Advance Item"
30-2-13-12.1. Contracts Entered Into After December 31, 1995, and Before July 1, 1999
30-2-13-12.5. Contracts Entered Into After June 30, 1999
30-2-13-13. Designation of Successor Sellers
30-2-13-17. Successors to Seller; Obligations
30-2-13-18. Compensation and Expenses of Trustee; Withdrawal of Tax Liability
30-2-13-20. Funeral Service Contracts; Ratification by Funeral Director
30-2-13-21. Agents of Seller; Seller Liability; Written Statement
30-2-13-22. Seller Bond or Permit
30-2-13-23. Contracts; Invalid Provisions; Unenforceable Contracts
30-2-13-24. Seller or Agent; Prohibited Acts
30-2-13-25. Solicitation of Sales; Conditions
30-2-13-26. Confidentiality of Contracts
30-2-13-28. Preneed Consumer Protection Fund; Establishment; Funding
30-2-13-29. Fund Uses; Complaints; Annual Review
30-2-13-30. Seller Records and Books
30-2-13-32. General Price List
30-2-13-33. Certificates of Authority
30-2-13-35. Seller Misrepresentation
30-2-13-36. Suspension of Certificates of Authority; Fines
30-2-13-38. Uncured Deceptive Acts; Violations; Injunctive Relief; Private Right of Action
30-2-13-39. Prohibited Relationships Between Sellers and Trustees or Escrow Agents