Sec. 30. (a) The seller shall maintain accurate records, books, and accounts for each contract sold under this chapter containing the following:
(1) Copies of all contracts.
(2) The dates of all contracts.
(3) The amounts paid and received under each contract.
(4) The complete name, address, and identification of all parties to each contract.
(b) The seller shall maintain at the seller's principal Indiana business address complete records of all transactions under this chapter that involve the seller. The records may be audited and examined by the board at any reasonable time.
(c) The seller shall maintain all records required by this section for the longer of:
(1) ten (10) years; or
(2) three (3) years after the date of full performance of a contract.
The records are business records and customer lists within the meaning of IC 24-2-3.
(d) The requirements of this section apply to a seller, a successor seller, and a seller who was previously designated to provide services or merchandise to a purchaser.
As added by P.L.200-1991, SEC.1. Amended by P.L.61-2008, SEC.9.
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