South Dakota Codified Laws
Chapter 11 - Prearranged Funeral Trusts
Section 55-11-15 - Certain persons operating cemeteries exempted from provisions regarding sale of merchandise and services--Maintenance of funds.

55-11-15. Certain persons operating cemeteries exempted from provisions regarding sale of merchandise and services--Maintenance of funds.
Any person, corporation, partnership, association or other entity engaged in the business of owning, maintaining or operating a cemetery in the state of South Dakota prior to July 1, 1986, shall be exempt from the provisions of this chapter for purposes of the sale through the cemetery of merchandise and services incidental to a burial service. Except that such person, corporation, partnership, association or other entity engaged in the cemetery business shall maintain at least seventy percent of all money paid under a prearranged burial contract in the manner set forth in §§55-11-1, 55-11-2 and 55-11-5.1.

Source: SL 1986, ch 408, §15A.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 55 - Fiduciaries and Trusts

Chapter 11 - Prearranged Funeral Trusts

Section 55-11-1 - End-of-life directives--Prearranged funeral contract--Portion of money paid under contract held in trust.

Section 55-11-1.1 - Personal property and professional services to be provided under prearranged funeral trust contract.

Section 55-11-2 - Deposit of trust fund in banking institution or association--Violation as misdemeanor.

Section 55-11-3 - Contract to be in writing--Copies furnished depository and personal representative of contracting party--Clause concerning trust fund required.

Section 55-11-3.1 - Clause required in contract not providing guaranteed price.

Section 55-11-4 - Financial institution receiving money in trust--Acknowledgment on copy of prearranged funeral contract.

Section 55-11-5 - Cancellation of contract creating revocable trust.

Section 55-11-5.1 - Return of payments required on revocation under contract with guaranteed price.

Section 55-11-7 - Solicitation of funeral trust contracts--Annual registration required--Exception--Unauthorized solicitation or sale prohibited--Violation as misdemeanor.

Section 55-11-8 - Information to be submitted upon registration.

Section 55-11-9 - Annual report required--Contents--Filing fee--Confidentiality--Violation as misdemeanor.

Section 55-11-10 - Applicability of § 37-24-5.4.

Section 55-11-11 - Prearranged funeral contract pooled funds trust--Creation--Separate accounts--When consent of purchaser required.

Section 55-11-12 - Death or relocation of beneficiary of irrevocable prearranged funeral trust--Seller's option to provide comparable services or return deposits and interest--Disposition of funds.

Section 55-11-12.1 - Disbursement of funds in irrevocable prearranged funeral trust.

Section 55-11-13 - Prearranged funeral contract not burial insurance.

Section 55-11-14 - Applicability of act to certain contracts.

Section 55-11-15 - Certain persons operating cemeteries exempted from provisions regarding sale of merchandise and services--Maintenance of funds.