16-326. Same; redeposit of improperly paid moneys by trustee; attorney general initiate an accounting at request of secretary of state; plan to correct deficiencies. (a) In the event the secretary of state determines that moneys have been improperly paid by the trustee to the cemetery corporation during the period covered by the audit, then the secretary may order the cemetery corporation to redeposit to the trust such moneys improperly withdrawn within 60 days.
(b) The attorney general, at the request of the secretary of state, may initiate an action for an accounting of the cemetery merchandise trust fund by the trustee.
(c) If it is determined that the cemetery merchandise trust fund is underfunded due to inadequate deposits or unauthorized distributions, the cemetery corporation may propose and implement a plan for correcting the fund's deficiencies, subject to the approval of the secretary of state.
(d) In addition to other provisions and authority granted under law, the secretary of state shall have the authority to equitably resolve the results of an audit.
History: L. 1982, ch. 96, § 7; L. 2010, ch. 82, § 2; April 15.
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.