South Dakota Codified Laws
Chapter 11 - Prearranged Funeral Trusts
Section 55-11-3.1 - Clause required in contract not providing guaranteed price.

55-11-3.1. Clause required in contract not providing guaranteed price.
In addition to the requirements of §55-11-3, any contract entered into pursuant to §55-11-1, which does not provide for a guaranteed price for services or personal property to be delivered or performed pursuant to the terms of the contract, shall contain the following in twelve point bold type:
ANY FUNDS PAID UNDER THIS CONTRACT ARE ONLY A DEPOSIT TO BE APPLIED TOWARD THE FINAL COSTS OF THE SERVICES OR PERSONAL PROPERTY CONTRACTED FOR. ADDITIONAL CHARGES MAY BE REQUIRED.

Source: SL 1981, ch 355, §4.

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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.