16-325. Same; secretary of state to audit cemetery merchandise trusts. (a) The secretary of state, or the secretary's representative, shall, while auditing each cemetery corporation, pursuant to K.S.A. 17-1312a, and amendments thereto, audit the cemetery merchandise trusts required by this act, and approve the trustee's determination of the distributable earnings period. For such purposes, the secretary of state or the secretary's representative, is authorized to administer oaths and to examine under oath the directors, officers, employees and agents of any cemetery corporation. Such examination may be reduced to writing by the person taking it and the examiner may make findings as to the condition of each trust fund examined. For the purposes of such audits, the secretary of state may also require the trustee to furnish and submit the books, records, papers and instruments of such cemetery corporation. The secretary of state shall be authorized to obtain trust accounting records from the trustee.
(b) The secretary of state shall promulgate rules and regulations for the purpose of oversight and audit of the cemetery merchandise trust fund.
History: L. 1982, ch. 96, § 6; L. 1988, ch. 94, § 4; L. 2011, ch. 78, § 9; January 1, 2012.
Structure Kansas Statutes
Chapter 16 - Contracts And Promises
Article 3 - Funeral And Cemetery Merchandise Agreements, Contracts And Plans
16-301 Prearranged funeral agreements; conditions.
16-302 Same; payments, form and deposit of; exceptions.
16-304 Same; payments upon death, conditions; balances; notice; liability.
16-312 Prearranged funeral agreements; required disclosures.
16-313 Same; additional disclosures.
16-320 Cemetery merchandise contracts; definitions.
16-322 Same; trust fund; requirements; disbursements; trust instruments, validity; trustee duties.
16-323 Same; misuse of the cemetery merchandise trust fund, criminal penalty.
16-325 Same; secretary of state to audit cemetery merchandise trusts.
16-327 Same; redeposit of moneys; action by attorney general.
16-328 Same; funds in trust not subject to legal process.
16-329 Same; notice of intent to sell preneed merchandise contracts filed with secretary of state.
16-330 Same; refusal to submit to audit; attorney general.
16-331 Same; refusal to establish trust fund; forfeiture of cemetery corporation.
16-332 Same; preneed contract provisions.
16-333 Same; not subject to 16-301 to 16-309, prearranged funeral regulations.
16-334 Same; trust agreement; copy filed with secretary of state; requirements.
16-336 Cemetery maintenance and merchandise fee fund; state treasury.