55-11-7. Solicitation of funeral trust contracts--Annual registration required--Exception--Unauthorized solicitation or sale prohibited--Violation as misdemeanor.
Notwithstanding the provision contained in subdivision 36-19-38(8), prearranged funeral trust contracts may be solicited. However, no person may sell, offer to sell or solicit a prearranged funeral trust contract unless he registers annually with the State Board of Funeral Service and the person is a funeral establishment licensed in the State of South Dakota or a person, partnership or corporation engaged in the business of the ownership, maintenance or operation of a cemetery or an agent or employee of a funeral establishment licensed in the State of South Dakota or the agent or employee of a person, partnership or corporation engaged in the business of the ownership, maintenance or operation of a cemetery. Any natural person who is licensed to practice funeral service under chapter 36-19 and who is the owner or employee of a funeral home licensed pursuant to §36-19-14 is exempt from the registration requirements of this section and, as to activities for which such person is licensed pursuant to chapter 36-19, is exempt from the licensing and bonding provisions of chapter 37-13. Failure to annually register is a Class 2 misdemeanor.
No person may sell, offer to sell or solicit a prearranged funeral trust contract for professional services as defined in §55-11-1.1 unless the seller or the funeral establishment or cemetery of which the seller is an agent or employee is authorized by law to provide and is regularly engaged in the business of providing such services. Any violation of this section is a Class 2 misdemeanor.
Source: SL 1981, ch 355, §5; SL 1986, ch 408, §5; SL 1987, ch 366.
Structure South Dakota Codified Laws
Title 55 - Fiduciaries and Trusts
Chapter 11 - Prearranged Funeral Trusts
Section 55-11-3.1 - Clause required in contract not providing guaranteed price.
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 55-11-8 - Information to be submitted upon registration.
Section 55-11-10 - Applicability of § 37-24-5.4.
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.