§ 30-2-13-1 Applicability of chapter
§ 30-2-13-2 “Agent”
§ 30-2-13-2.5 “At-need services and merchandise”
§ 30-2-13-3 “Board”
§ 30-2-13-4 “Contract”
§ 30-2-13-5 “Delivery”
§ 30-2-13-6 “Fund”
§ 30-2-13-7 “Insurance policy”
§ 30-2-13-8 “Prepaid services or merchandise” or “services or merchandise”
§ 30-2-13-9 “Purchaser”
§ 30-2-13-10 “Seller”
§ 30-2-13-11 “Trustee” or “escrow agent, acting as a fiduciary”
§ 30-2-13-11.5 “Cash advance item”
§ 30-2-13-12 Contracts
§ 30-2-13-12.1 Contracts entered into after December 31, 1995, and before July 1, 1999
§ 30-2-13-12.5 Contracts entered into after June 30, 1999
§ 30-2-13-13 Designation of successor sellers
§ 30-2-13-14 Conversion of trust or escrow agreement; change in method of funding; new or successor trustee or escrow agent
§ 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
§ 30-2-13-16 Sale, consolidation, merger, disposal, or lease of assets in bulk; designation of successor
§ 30-2-13-17 Successors to seller; obligations
§ 30-2-13-18 Compensation and expenses of trustee; withdrawal of tax liability
§ 30-2-13-19 Common trust fund
§ 30-2-13-20 Funeral service contracts; ratification by funeral director
§ 30-2-13-21 Agents of seller; seller liability; written statement
§ 30-2-13-22 Seller bond or permit
§ 30-2-13-23 Contracts; invalid provisions; unenforceable contracts
§ 30-2-13-24 Seller or agent; prohibited acts
§ 30-2-13-25 Solicitation of sales; conditions
§ 30-2-13-26 Confidentiality of contracts
§ 30-2-13-27 Payments to board
§ 30-2-13-28 Preneed consumer protection fund; establishment; funding
§ 30-2-13-29 Fund uses; complaints; annual review
§ 30-2-13-30 Seller records and books
§ 30-2-13-31 Annual report
§ 30-2-13-32 General price list
§ 30-2-13-33 Certificates of authority
§ 30-2-13-34 Rules
§ 30-2-13-35 Seller misrepresentation
§ 30-2-13-36 Suspension of certificates of authority; fines
§ 30-2-13-38 Uncured deceptive acts; violations; injunctive relief; private right of action
§ 30-2-13-39 Prohibited relationships between sellers and trustees or escrow agents

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Terms Used In Indiana Code > Title 30 > Article 2 > Chapter 13 - Payment of Funeral, Burial Services, or Merchandise in Advance of Need

  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • agent: means a person authorized by a seller to offer, sell, or solicit the sale of a contract on behalf of the seller and includes an employee or independent contractor of the seller. See Indiana Code 30-2-13-2
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • at-need services and merchandise: includes personal property or services:

    Indiana Code 30-2-13-2.5

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • board: refers to the state board of funeral and cemetery service established by IC 25-15-9-1. See Indiana Code 30-2-13-3
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • contract: means a written agreement between a purchaser and a seller that:

    Indiana Code 30-2-13-4

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Decedent: A deceased person.
  • delivery: means the time when:

    Indiana Code 30-2-13-5

  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fiduciary: A trustee, executor, or administrator.
  • Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • fund: refers to the preneed consumer protection fund established by section 28 of this chapter. See Indiana Code 30-2-13-6
  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
  • insurance policy: means a policy providing one (1) or more of the types of insurance described in IC 27-1-5-1, Class 1(a) and Class 1(c). See Indiana Code 30-2-13-7
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Month: means a calendar month, unless otherwise expressed. See Indiana Code 1-1-4-5
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • purchaser: means a person or firm contracting with a seller for services or merchandise to be provided or delivered for a named individual. See Indiana Code 30-2-13-9
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • seller: means a person doing business as a sole proprietor, a firm, a limited liability company, a corporation, an association, or a partnership contracting to provide services or merchandise, or both, to a named individual. See Indiana Code 30-2-13-10
  • services or merchandise: includes personal property or services:

    Indiana Code 30-2-13-8

  • Statute: A law passed by a legislature.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
  • Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
  • Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5