90-210.62. Types of preneed funeral contracts; forms.
(a) A preneed licensee may offer standard preneed funeral contracts and inflation-proof preneed funeral contracts. A standard preneed funeral contract applies the trust funds or insurance proceeds to the purchase price of funeral services and merchandise at the time of death of the contract beneficiary without protection against potential future price increases. An inflation-proof contract establishes an agreement between the preneed licensee and the purchaser for funeral services and merchandise without regard to potential future price increases. Upon written disclosure to the purchaser of a preneed funeral contract, inflation-proof contracts may permit the preneed licensee to retain all of the preneed funeral contract trust funds on deposit, and all insurance proceeds, even those in excess of the retail cost of goods and services provided, when the preneed licensee has fully performed the preneed funeral contract. Preneed funeral contracts may be revocable or irrevocable, at the option of the preneed funeral contract purchaser.
(b) The Board may prescribe forms for preneed funeral contracts consistent with this Article. All contracts must be in writing on forms prescribed by the Board. Any use or attempted use of any oral preneed funeral contract or any written contract in a form not prescribed by the Board shall be deemed a violation of this Article. (1991 (Reg. Sess., 1992), c. 901, s. 2; 2007-531, s. 8.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 90 - Medicine and Allied Occupations
Article 13D - Preneed Funeral Funds.
§ 90-210.61 - Deposit or application of preneed funeral funds.
§ 90-210.62 - Types of preneed funeral contracts; forms.
§ 90-210.63 - Substitution of licensee.
§ 90-210.63A - Amendment of preneed funeral contracts.
§ 90-210.63B - Cancellation of insurance preneed contracts by preneed licensee.
§ 90-210.64 - Death of preneed funeral contract beneficiary; disposition of funds.
§ 90-210.65 - Refund of preneed funeral funds.
§ 90-210.67 - Application for license.
§ 90-210.68 - Licensee's books and records; notice of transfers, assignments and terminations.
§ 90-210.69 - Rulemaking; enforcement of Article; judicial review; determination of penalty amount.
§ 90-210.71 - Nonregulation of insurance sales.