Sec. 17. A seller may not sell the seller's stock, business, or assets, transfer assets, merge or consolidate, in whole or in part, or sell, transfer, or consolidate contracts unless:
(1) the purchaser of the stock, business, or assets or the successor in interest is liable for shortages in a trust under this chapter existing before or after the sale, however, the purchaser or successor in interest has no obligation to cure a shortage in a contract between the seller and the purchaser that is not performed by the purchaser or successor in interest; or
(2) the purchaser of the stock, business, or assets or the successor in interest will perform all obligations imposed under this chapter, all obligations imposed under contracts between the seller and the purchaser, and any other related obligations.
As added by P.L.200-1991, SEC.1.
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