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Session Laws, 1984
Volume 759, Page 3567   View pdf image
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HARRY HUGHES, Governor

3567

(4)  "INTERMENT SPACE" MEANS LAND OR SPACE IN ANY
STRUCTURE USED OR TO BE USED FOR THE RECEPTION OF HUMAN REMAINS
AND ANY RIGHT OF INTERMENT OR RIGHT OF SEPULTURE IN SUCH SPACE.

(5)  "SPECIFIC FUNDS" MEANS FUNDS IDENTIFIED TO A
CERTAIN CONTRACT FOR GOODS AND SERVICES.

(6)  "GENERAL FUNDS" MEANS THE SUM TOTAL OF SPECIFIC
FUNDS COMMINGLED IN A SINGLE FUND.

(7)  "PERSON" MEANS AN INDIVIDUAL, FIRM, CORPORATION,
PARTNERSHIP, OR ANY OTHER FORM OF ENTITY SELLING PRENEED GOODS
AND SERVICES.

(8)  "SELLER'S COST" MEANS THE ACTUAL COST TO THE
SELLER AS OF THE DATE OF THE PRENEED BURIAL CONTRACT OF THE GOODS
AND SERVICES DESCRIBED.

(9)  "SELLER'S ACCOUNT" MEANS THE GENERAL FUNDS
DEPOSITED FROM ALL OF A SELLER'S PRENEED BURIAL CONTRACTS,
COVERED BY THIS SECTION PLUS ANY INCOME DERIVED FROM INVESTING
THE GENERAL FUNDS.

(10)  "TRUSTEE" MEANS ANY NATIONAL BANKING ASSOCIATION
OR BANKING INSTITUTION, AS DEFINED IN THE FINANCIAL INSTITUTIONS
ARTICLE OR OTHER FINANCIAL INSTITUTION PERMITTED UNDER APPLICABLE
LAW TO ENGAGE IN THE TRUST BUSINESS.

(11)  "PRENEED BURIAL CONTRACT" MEANS ANY INSTRUMENT
IN WRITING DATED ON OR AFTER JULY OCTOBER 1, 1984, PURSUANT TO
WHICH PRENEED GOODS AND SERVICES ARE TO BE SOLD AND DELIVERED OR
PERFORMED.

(12)  "CEMETERY" MEANS ANY LAND OR STRUCTURE USED OR
TO BE USED FOR THE INTERMENT OR OTHER DISPOSITION OF HUMAN
REMAINS.

(B) EXCEPT AS PROVIDED IN THIS SECTION, A PERSON EITHER
DIRECTLY OR INDIRECTLY, THROUGH AN AGENT OR OTHERWISE, MAY NOT
OFFER TO SELL OR SELL PRENEED GOODS AND SERVICES IF DELIVERY OF
SUCH GOODS, OTHER THAN FOR INCIDENTAL ADDITIONS TO BE MADE
THERETO SUCH AS DATES, SCROLLS, OR OTHER SUPPLEMENTARY MATTER
REPRESENTING NOT MORE THAN 10 PERCENT OF THE TOTAL CONTRACT
PRICE, OR PERFORMANCE OF SUCH SERVICES MAY BE DELAYED LATER THAN
120 DAYS AFTER THE RECEIPT OF ANY PAYMENT ON ACCOUNT OF SUCH
SALE.

(C)(1) A PRENEED BURIAL CONTRACT ENTERED INTO BETWEEN A
SELLER AND PURCHASER MAY NOT CONTAIN ANY INTEREST OR FINANCE
CHARGES.

(2) A PRENEED BURIAL CONTRACT SHALL BE PERMISSIBLE
IF, WITHIN 30 DAYS FOLLOWING THE CLOSE OF THE MONTH IN WHICH ANY
PAYMENT IS RECEIVED BY THE SELLER FROM THE SALE OF PRENEED GOODS

 

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Session Laws, 1984
Volume 759, Page 3567   View pdf image
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