reglab/housing_qa huggingface dataset:
IN Code § 30-2-13-12 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 2. General Provisions|Chapter 13. Payment of Funeral, Burial Services, or Merchandise in Advance of Need|30-2-13-12. Contracts

Sec. 12. (a) This section applies to contracts for prepaid services or merchandise, or both, entered into under this chapter before January 1, 1996.(b) A purchaser may enter into more than one (1) contract under this chapter for prepaid services or merchandise, or both. Each contract may be funded with cash, either in a lump sum or installment payments, or an insurance policy, or both. The purchaser may revoke the contract if the purchaser sends the seller written notice of the revocation within thirty (30) days after the contract is signed by the purchaser and seller. If a purchaser revokes a contract the seller shall refund to the purchaser, without interest, all property used to fund the contract. If the seller receives payment of at least five hundred dollars ($500) in cash that must ultimately be placed in trust or escrow under this section, the seller shall, not more than five (5) days after receiving the payment, deposit the payment in escrow pending irrevocable deposit to trust or escrow authorized by IC 30-2-10. Thirty (30) days after the contract is signed all property paid or delivered to the seller to fund each contract shall be irrevocably deposited by the seller to trust or escrow authorized by either IC 30-2-10 or IC 23-14-49-1. All property received for services or merchandise sold by a seller licensed under IC 25-15 shall be irrevocably deposited to trust in compliance with IC 30-2-10. All sellers shall guarantee the provision of all services and merchandise sold under a contract authorized by this chapter.(c) If a contract under this chapter is funded with an insurance policy, the ownership of the insurance policy must be irrevocably assigned to a trustee. The seller may not borrow against, pledge, withdraw, or impair the cash value of the policy.(d) A finance charge may be assessed on a contract sold on an installment basis, and the seller shall disclose to the purchaser all the applicable requirements under federal and state law.(e) A seller or successor seller who has accepted cash or an insurance policy, or both, as full payment of a contract under subsection (b), is responsible for providing all contracted prepaid services and merchandise if the insurance company or trust company used to fund the contract is insolvent.(f) A purchaser who purchases a contract with cash in a lump sum or through an insurance contract shall make the payment for the contract payable only to the seller. A purchaser who purchases a contract with cash in installments may make payments for the contract to the seller.As added by P.L.200-1991, SEC.1. Amended by P.L.1-1992, SEC.159; P.L.207-1993, SEC.29; P.L.120-1994, SEC.3; P.L.241-1995, SEC.6; P.L.52-1997, SEC.52.
IN Code § 30-2-13-14 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 2. General Provisions|Chapter 13. Payment of Funeral, Burial Services, or Merchandise in Advance of Need|30-2-13-14. Conversion of Trust or Escrow Agreement; Change in Method of Funding; New or Successor Trustee or Escrow Agent

Sec. 14. (a) A trust or an escrow agreement created under:(1) IC 23-14-49-1;(2) IC 30-2-9; or(3) IC 30-2-10;may not be converted to a trust or an escrow agreement required by section 12 or 12.5 of this chapter.(b) A contract that has been funded with cash may not subsequently be changed to be funded with an insurance policy.(c) A contract that has been funded with an insurance policy may not subsequently be changed to be funded with cash.(d) Unless a transaction occurs under section 15(a)(4) of this chapter or the provisions of the contract permit otherwise, a new or successor trustee or escrow agent may not qualify and serve as trustee or escrow agent without the written consent of the purchaser and the seller designated to provide services or merchandise subject to a contract under this chapter.As added by P.L.200-1991, SEC.1. Amended by P.L.241-1995, SEC.9; P.L.52-1997, SEC.53; P.L.114-1999, SEC.11.
IN Code § 30-2-13-15 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 2. General Provisions|Chapter 13. Payment of Funeral, Burial Services, or Merchandise in Advance of Need|30-2-13-15. Loss of Certificate of Authority or License by Seller; Notice to Purchaser; Selection of New Seller; Transfer of Unperformed Contracts and Funds to Successor Owner

Sec. 15. (a) If a seller:(1) ceases to have a certificate of authority or loses a professional license required to provide services under this chapter;(2) ceases to exist or operate;(3) is incapable of performing the seller's obligations under an unperformed contract for any reason; or(4) sells or leases the seller's business, facilities, or assets;the seller shall give notice to the board and to each purchaser for whom funds are held in a trust or escrow under this chapter. The notice shall specify the reason for the issuance of the notice.(b) The seller's written notice under subsection (a) must be:(1) addressed to the purchaser's last known address; and(2) mailed within fifteen (15) days after the seller becomes incapable of performing the obligations under the contract.(c) A purchaser who receives a notice under subsection (a) has thirty (30) days after the date the notice was mailed by the seller to select and designate a new seller under section 13 of this chapter to become the beneficiary of the trust or the designated recipient of the escrow funds. The first seller shall send written notice of the designation of a new seller to the newly designated seller or to the trustee.(d) A seller shall transfer all unperformed contracts and funds held in trust or escrow under this chapter to the seller who is the successor owner or lessee of the transferring seller. The successor seller shall perform all contracts transferred under this subsection.(e) If:(1) the seller fails to comply with subsection (a)(1), (a)(2), or (a)(3); or(2) a purchaser fails to designate a new seller;the designation shall be made by the board.As added by P.L.200-1991, SEC.1. Amended by P.L.241-1995, SEC.10; P.L.114-1999, SEC.12; P.L.177-2009, SEC.60.
IN Code § 30-2-13-16 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 2. General Provisions|Chapter 13. Payment of Funeral, Burial Services, or Merchandise in Advance of Need|30-2-13-16. Sale, Consolidation, Merger, Disposal, or Lease of Assets in Bulk; Designation of Successor

Sec. 16. (a) Except for sales of stock or merchandise in the ordinary course of the seller's business, a seller who has deposited money or an insurance policy under section 12 or 12.5 of this chapter may not:(1) sell, consolidate, merge, or dispose of assets; or(2) lease the seller's business, facilities, or assets;without providing, as an integral part of the transaction or occurrence, for the designation of a successor seller of the money or insurance policy placed in trust. For purposes of this section, a change in control determines the seller's obligation.(b) If a seller acting as a trustee of an insurance policy fails to designate a qualified successor seller, the board shall make the designation. However, the designated successor must be willing to accept the designation.(c) This section does not restrict a purchaser's right to designate a new seller in accordance with section 13 of this chapter.As added by P.L.200-1991, SEC.1. Amended by P.L.241-1995, SEC.11; P.L.114-1999, SEC.13.
IN Code § 30-2-13-17 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 2. General Provisions|Chapter 13. Payment of Funeral, Burial Services, or Merchandise in Advance of Need|30-2-13-17. Successors to Seller; Obligations

Sec. 17. A seller may not sell the seller's stock, business, or assets, transfer assets, merge or consolidate, in whole or in part, or sell, transfer, or consolidate contracts unless:(1) the purchaser of the stock, business, or assets or the successor in interest is liable for shortages in a trust under this chapter existing before or after the sale, however, the purchaser or successor in interest has no obligation to cure a shortage in a contract between the seller and the purchaser that is not performed by the purchaser or successor in interest; or(2) the purchaser of the stock, business, or assets or the successor in interest will perform all obligations imposed under this chapter, all obligations imposed under contracts between the seller and the purchaser, and any other related obligations.As added by P.L.200-1991, SEC.1.
IN Code § 30-2-13-18 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 2. General Provisions|Chapter 13. Payment of Funeral, Burial Services, or Merchandise in Advance of Need|30-2-13-18. Compensation and Expenses of Trustee; Withdrawal of Tax Liability

Sec. 18. A trustee or an escrow agent may be reimbursed for necessary expenses and be paid reasonable compensation for those services from the trust or escrow. A trustee or an escrow agent shall also be permitted to withdraw from trust or escrow any federal or state tax liability assessed against the purchasers' interest in the trust or escrow.As added by P.L.200-1991, SEC.1. Amended by P.L.114-1999, SEC.14.
IN Code § 30-2-13-19 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 2. General Provisions|Chapter 13. Payment of Funeral, Burial Services, or Merchandise in Advance of Need|30-2-13-19. Common Trust Fund

Sec. 19. (a) A trustee may place trust money in a common or commingled trust fund under a single trust instrument.(b) A trustee shall maintain a separate accounting record for each seller who deposits funds in a trust.(c) Except for trusts established under IC 30-2-10, records maintained under this section do not need to be segregated on a purchaser by purchaser basis.As added by P.L.200-1991, SEC.1.
IN Code § 30-2-13-20 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 2. General Provisions|Chapter 13. Payment of Funeral, Burial Services, or Merchandise in Advance of Need|30-2-13-20. Funeral Service Contracts; Ratification by Funeral Director

Sec. 20. If an agent and a purchaser execute a contract covering funeral services (as defined in IC 25-15), the contract is valid only if the contract is ratified by a funeral director licensed under IC 25-15 who is directly affiliated with the seller as an agent when the contract is made. A contract ratified by an unaffiliated licensed funeral director is void.As added by P.L.200-1991, SEC.1. Amended by P.L.114-1999, SEC.15.
IN Code § 30-2-13-21 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 2. General Provisions|Chapter 13. Payment of Funeral, Burial Services, or Merchandise in Advance of Need|30-2-13-21. Agents of Seller; Seller Liability; Written Statement

Sec. 21. A seller who solicits for or enters into a contract under this chapter must satisfy the following conditions:(1) An agent who acts on behalf of a seller must be directly affiliated with the seller for whom the agent is acting.(2) The contract must state that the seller is responsible and liable for the veracity and competency of the agent.(3) An agent must provide to the purchaser a written statement containing the following:(A) The capacity of the person to act and whether the person is acting for the seller as an agent.(B) Notice that the seller is the only person or entity authorized to provide the services or merchandise called for by the contract.(C) The name, address, and telephone number of the seller.As added by P.L.200-1991, SEC.1.
IN Code § 30-2-13-22 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 2. General Provisions|Chapter 13. Payment of Funeral, Burial Services, or Merchandise in Advance of Need|30-2-13-22. Seller Bond or Permit

Sec. 22. A bond or permit is not required of a seller except as specifically required in this chapter.As added by P.L.200-1991, SEC.1.
IN Code § 30-2-13-23 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 2. General Provisions|Chapter 13. Payment of Funeral, Burial Services, or Merchandise in Advance of Need|30-2-13-23. Contracts; Invalid Provisions; Unenforceable Contracts

Sec. 23. (a) A contract is invalid if the contract allows the purchaser the right to:(1) convert, substitute, or exchange the purchase of burial rights for the purchase of services or merchandise;(2) free services or merchandise in exchange for the purchase of other services or merchandise; or(3) receive cash or gifts, other than burial rights and services and merchandise, with a value of more than fifty dollars ($50) as an inducement to purchase a contract.(b) A contract is unenforceable if:(1) the contract obligates the seller to provide prepaid services or merchandise for a named individual in conjunction with the death, burial, or final disposition of the individual;(2) the purchaser under the contract is the attorney in fact, appointed under IC 30-5, of the purchaser.(3) the death of the named individual appears to have been the result of:(A) murder (IC 35-42-1-1);(B) voluntary manslaughter (IC 35-42-1-3); or(C) another criminal act, if the death does not result from the operation of a vehicle; and(4) the coroner, in consultation with the law enforcement agency investigating the death of the decedent, determines that there is a reasonable suspicion that the purchaser referred to in subdivision (2) committed the offense.The coroner, in consultation with the law enforcement agency investigating the death of the decedent, shall inform the seller of the determination of the purchaser described in subdivision (4).As added by P.L.200-1991, SEC.1. Amended by P.L.241-1995, SEC.12; P.L.102-2007, SEC.4; P.L.34-2011, SEC.9.
IN Code § 30-2-13-24 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 2. General Provisions|Chapter 13. Payment of Funeral, Burial Services, or Merchandise in Advance of Need|30-2-13-24. Seller or Agent; Prohibited Acts

Sec. 24. A seller or an agent may not knowingly do the following:(1) Except on request of a prospective purchaser, contact prospective purchasers in hospitals, health facilities, or similar institutions for the purpose of soliciting the sale of prepaid services or merchandise.(2) Solicit relatives of a person whose death is apparently pending for the purpose of selling prepaid services or merchandise.(3) Except where the arrangement is the subject of a contract allowed under this chapter, solicit, accept, or pay any consideration for recommending or causing a deceased person to be provided services or merchandise by specific sellers.(4) Advertise prepaid services or merchandise in a false or misleading manner.As added by P.L.200-1991, SEC.1. Amended by P.L.1-1992, SEC.160.
IN Code § 30-2-13-25 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 2. General Provisions|Chapter 13. Payment of Funeral, Burial Services, or Merchandise in Advance of Need|30-2-13-25. Solicitation of Sales; Conditions

Sec. 25. Solicitation of a sale of prepaid services or merchandise is permitted by a seller or an agent of a seller if the following exist:(1) The conditions set forth in sections 21 and 24 of this chapter are observed.(2) The following are clearly identified:(A) The seller or agent.(B) The seller with whom the agent is affiliated.(3) The purpose of the call or visit is explained.(4) An appointment is made with the prospective purchaser.As added by P.L.200-1991, SEC.1.
IN Code § 30-2-13-26 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 2. General Provisions|Chapter 13. Payment of Funeral, Burial Services, or Merchandise in Advance of Need|30-2-13-26. Confidentiality of Contracts

Sec. 26. During the lifetime of the purchaser the contract executed under this chapter is confidential and neither the seller nor the trustee may disclose to a third party the identity of the purchaser or the terms of the contract. This section does not prohibit normal commercial activities by a seller with regard to an account receivable from a purchaser or compliance with a court order.As added by P.L.200-1991, SEC.1.
IN Code § 30-2-13-27 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 2. General Provisions|Chapter 13. Payment of Funeral, Burial Services, or Merchandise in Advance of Need|30-2-13-27. Payments to Board

Sec. 27. Each seller of a prepaid contract under this chapter shall pay to the board on a form provided by it not later than March 1 of each year from money not deposited in a trust or escrow the following amounts for each contract written during the preceding calendar year:(1) Two dollars and fifty cents ($2.50) for each contract having a value of less than five hundred dollars ($500).(2) Five dollars ($5) for each contract having a value of at least five hundred dollars ($500) and less than one thousand five hundred dollars ($1,500).(3) Ten dollars ($10) for each contract having a value of one thousand five hundred dollars ($1,500) or more.However, no fee is due and payable on contracts funded with a previously issued life insurance policy. The payment may be charged to the purchaser or, at the option of the seller, paid by the seller. A trustee shall quarterly report to the board all payments received by the trustee from all sellers during the preceding quarter. The report must identify the name and address of each seller from whom the trustee received payments and the total amount of the payments. The payments are administered under section 28 of this chapter.As added by P.L.200-1991, SEC.1. Amended by P.L.207-1993, SEC.31; P.L.195-1997, SEC.2; P.L.114-1999, SEC.16.
IN Code § 30-2-13-28 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 2. General Provisions|Chapter 13. Payment of Funeral, Burial Services, or Merchandise in Advance of Need|30-2-13-28. Preneed Consumer Protection Fund; Establishment; Funding

Sec. 28. (a) The preneed consumer protection fund is established. The board shall deposit receipts under section 27 of this chapter in the preneed consumer protection fund.(b) The expenses of administering the fund shall be paid from money in the fund.(c) The money in the fund and the interest accruing to the fund remain in the fund and do not revert to the state general fund.As added by P.L.200-1991, SEC.1.
IN Code § 30-2-13-29 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 2. General Provisions|Chapter 13. Payment of Funeral, Burial Services, or Merchandise in Advance of Need|30-2-13-29. Fund Uses; Complaints; Annual Review

Sec. 29. (a) Money in the fund may be used to provide restitution to a seller who performs a defaulted contract, to a purchaser, or to a purchaser's estate for pecuniary loss arising from a trust or an escrow required by:(1) this chapter;(2) IC 23-14-49-1;(3) IC 30-2-9; or(4) IC 30-2-10.The repeal of a statute cited in this subsection does not terminate the ability of a party to a contract made under the repealed statute to receive restitution under this chapter.(b) The purchaser, seller, or other interested person must request restitution by filing a verified complaint with the board.(c) The board may investigate any verified complaint. Within one hundred eighty (180) days after a verified complaint is filed, the board shall determine if a seller has defaulted on a contract. If the seller's obligation to perform under the contract cannot be collected from the seller, the board may order the auditor of state to make restitution from the fund.(d) The amount of restitution may not exceed the gross amount of the original contract plus interest, compounded annually, on the gross amount that is figured, for each year or part of a year for which restitution is owed, using the lesser of:(1) the rate set forth in IC 24-4.6-1-101 in effect on January 1 of each year; or(2) the monthly average yield on United States Treasury Securities for the month of January of each year, adjusted to a constant maturity of one (1) year, as published by the Federal Reserve.(e) The fund may not be charged with court costs or the payment of legal or other fees. In computing the amount of restitution, the board shall give credit for:(1) merchandise delivered; and(2) resources still existing in trust.(f) When restitution is paid from the fund, the fund is subrogated to the amount of the restitution, and the board shall ask the attorney general to take all reasonable steps to collect the subrogated amount from the seller. Any amount collected shall be deposited in the fund.(g) Money in the fund may only be used for a purpose that is specified in this section.(h) The payment of restitution from the fund is not a right, and a purchaser does not have a vested right in the fund as a beneficiary of the fund.(i) The status of the fund shall be annually reviewed by the board. If the board determines during its annual review that the fund balance equals or exceeds two million five hundred thousand dollars ($2,500,000), the board shall suspend payments to the fund until after the next annual review that the board determines that the fund balance is less than two million five hundred thousand dollars ($2,500,000).As added by P.L.200-1991, SEC.1. Amended by P.L.120-1994, SEC.5; P.L.52-1997, SEC.54; P.L.114-1999, SEC.17; P.L.65-2007, SEC.5; P.L.112-2014, SEC.38.
IN Code § 30-2-13-30 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 2. General Provisions|Chapter 13. Payment of Funeral, Burial Services, or Merchandise in Advance of Need|30-2-13-30. Seller Records and Books

Sec. 30. (a) The seller shall maintain accurate records, books, and accounts for each contract sold under this chapter containing the following:(1) Copies of all contracts.(2) The dates of all contracts.(3) The amounts paid and received under each contract.(4) The complete name, address, and identification of all parties to each contract.(b) The seller shall maintain at the seller's principal Indiana business address complete records of all transactions under this chapter that involve the seller. The records may be audited and examined by the board at any reasonable time.(c) The seller shall maintain all records required by this section for the longer of:(1) ten (10) years; or(2) three (3) years after the date of full performance of a contract.The records are business records and customer lists within the meaning of IC 24-2-3.(d) The requirements of this section apply to a seller, a successor seller, and a seller who was previously designated to provide services or merchandise to a purchaser.As added by P.L.200-1991, SEC.1. Amended by P.L.61-2008, SEC.9.