Kansas Statutes 16-302. Payments, form and deposit of; exceptions
(a) Except as authorized by Kan. Stat. Ann. § 16-308, and amendments thereto, all funds received pursuant to any agreement, contract or plan governed by Kan. Stat. Ann. § 16-301, and amendments thereto, shall be deposited in a bank, credit union or savings and loan association and shall be held by such bank, credit union or savings and loan association in a separate account in the name or names of the purchaser of the merchandise or services and the name of the seller, until released as herein provided.
(b) In addition to the requirements under subsection (a) and except as otherwise provided in subsection (c), a seller which accepts payment under any agreement, contract or plan governed by Kan. Stat. Ann. § 16-301, and amendments thereto, shall:
Terms Used In Kansas Statutes 16-302
- Contract: A legal written agreement that becomes binding when signed.
- 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.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
(1) Require such payments to be made in the form of checks, cashier’s checks or money orders payable only to the bank, credit union or savings and loan association where deposited; and
(2) deposit such payment in such bank, credit union or savings and loan association within seven business days after receipt.
(c) A seller of agreements, contracts or plans governed by Kan. Stat. Ann. § 16-301, and amendments thereto, shall be exempt from the requirements of subsection (b) if the seller maintains commercial insurance providing minimum coverage of $100,000 against employee dishonesty. A seller of agreements, contracts or plans governed by Kan. Stat. Ann. § 16-301, and amendments thereto, which is exempt from subsection (b) under this subsection and which accepts payment under any such agreement, contract or plan shall deposit such payment in a bank, credit union or savings and loan association within 30 days after receipt. Evidence of the commercial insurance maintained for compliance with this subsection shall be provided to the secretary of state within 10 days of a written request.
(d) Each funeral establishment which accepts payments from a purchaser under an agreement, contract or plan governed by Kan. Stat. Ann. § 16-301, and amendments thereto, and is exempt from subsection (b) under the provisions of subsection (c), shall file with the state board of mortuary arts at the time of each funeral establishment license renewal required under Kan. Stat. Ann. § 65-1729, and amendments thereto, evidence of the commercial insurance maintained for compliance with subsection (c). If such insurance lapses, is cancelled or otherwise ceases to be maintained by the funeral establishment, the insurance carrier shall notify immediately the state board of mortuary arts and the secretary of state of such occurrence.