LD 1777
pg. 2
Page 1 of 4 An Act to Update the Laws Concerning Prearranged Funerals Page 3 of 4
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LR 1026
Item 1

 
person for whose benefit the payment was made and must be held
in that account together with interest if any.

 
B.__The payee shall deposit the money in either a federally
insured deposit or share account or a trust account; the
type of account must be disclosed to the payor or the
payor's representative and a deposit in a trust account may
be invested only in the following:

 
(1)__Federally insured deposit or share accounts;

 
(2)__Securities issued, insured or guaranteed by the
United States or by any agency or corporate or other
instrumentality of the United States;

 
(3)__Municipal securities that are exempt from
registration under Title 32, section 10502, subsection
1, paragraph A; and

 
(4)__Insurance.

 
Except for fees allowed by this section, all investments
made with trust assets remain trust assets.

 
C.__Within 30 days after the deposit of funds by the payee,
the financial institution or credit union shall provide a
written confirmation of the deposit, including the amount
deposited, to the payor or the payor's legal representative.
Nothing in this section may be construed to prevent transfer
of these funds to another financial institution or credit
union by payee transfer, by financial institution or credit
union merger or consolidation or by operation of law,
provided that within 30 days after transfer of the funds,
the recipient financial institution or credit union shall
provide a written confirmation of the deposit, including the
amount deposited, to the payor or the payor's legal
representative.

 
D.__The agreement must be in writing and a copy must be
furnished to the payor or the payor's legal representative
by the payee when the agreement is executed.__The agreement
may be revocable or irrevocable; however, if irrevocable,
there must be a provision to allow for the transfer of the
account by the appointment of successor trustees.__The
agreement must clearly state terms providing for disposition
of excess funds after funeral goods and services have been
provided.__The agreement must clearly state any fees that
may be charged against the account; fees must be reasonable,
as defined by the board, and may be charged only:


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