55-11-9. Annual report required--Contents--Filing fee--Confidentiality--Violation as misdemeanor.
Before March first of each year, the owner or manager of each cemetery association or licensed funeral establishment that has entered into any prearranged funeral trust contracts shall file a report covering the period of the preceding calendar year with the State Board of Funeral Service. The report shall include:
(1)The name and address of the licensed funeral establishment or cemetery association, the name and address of the manager or operator thereof, and the name of the contract holder;
(2)The lump sum consideration paid upon each prearranged funeral trust contract sold or the total amount in dollars of any installments paid upon each prearranged funeral trust contract sold;
(3)The name and address of the banking institution, federal credit union or savings and loan association in which such consideration was deposited;
(4)The total in dollars of all sums received as consideration upon prearranged funeral trust contracts executed by the licensed funeral establishment or cemetery association or in its behalf during all periods after July 1, 1986, which are undrawn or unexpended and on deposit in a banking institution, federal credit union or savings and loan association or in the hands of the licensed funeral establishment or cemetery association; and
(5)The current value, including accrued interest of each prearranged funeral trust contract being held.
The report shall be accompanied by a filing fee of five dollars. The contracts filed under this section are not public records and are confidential records of the board. Failure to file this report is a Class 2 misdemeanor.
Source: SL 1986, ch 408, §11; SL 1990, ch 388.
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.