New York Laws
Title 3 - Practice of Funeral Directing; Funeral Establishments
3442 - Funeral Directing; Reports Relating to Moneys Paid in Connection With Agreements for Funeral Merchandise or Services in Advance of Need.

(b) Upon the sale or other transfer of any funeral firm having
received moneys in connection with any agreement described in
subdivision one of this section or upon any transfer of control over
such moneys, the transferee shall be liable for compliance with all
provisions of this section and section four hundred fifty-three of the
general business law, including the repayment of any moneys and
provision of funeral merchandise and services, if the transferor or a
transferor's predecessor in interest was liable for compliance with the
requirements of this section and section four hundred fifty-three of the
general business law. Such liability shall attach whether or not the
successor in interest has, upon conveyance of such funeral firm,
received such moneys or has knowledge of the existence of any agreements
described herein. Such liability shall attach where there is proof of a
valid agreement for providing funeral merchandise and services, and the
funeral firm, funeral director or undertaker has not refunded the moneys
received from the customer.
(c) Upon the sale or other transfer of any funeral firm having
received such moneys, or upon a transfer of control of such moneys, the
transferor shall disclose a complete accounting of all moneys
transferred pursuant to such agreement to the transferee, including the
names and addresses of all persons who deposited moneys with such
funeral firm, the amount and location of such moneys, the names and
addresses of persons who have received refunds and the amount of such
refund.
(d) Upon the termination, cessation of operation or discontinuation of
any funeral firm, or a successor in interest which has received moneys
in connection with any agreement described in subdivision one of this
section or is otherwise liable for compliance with the requirements of
this section or section four hundred fifty-three of the general business
law, such funeral firm or successor shall, within thirty days of such
termination, cessation of operation or discontinuation, repay all such
moneys and accrued interest as if a demand had been made therefor.
4. Records required by this section to be maintained and true copies
of agreements shall be retained for four years following the provisions
of funeral merchandise and services. In the event the funds are returned
to the person who deposited the money or their representative, such
records, including the record of return of funds shall be retained for a
period of four years after the sale, transfer, termination, cessation of
operation or discontinuance of the funeral firm.

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