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2022 Michigan Compiled Laws
Chapter 328 - Dead Human Bodies
Act 255 of 1986 - Prepaid Funeral and Cemetery Sales Act (328.211 - 328.235)
AN ACT to regulate the sale and providing of funeral and cemetery merchandise and services and other related interests; to regulate the use of funds received by sellers and providers of certain merchandise, funeral and cemetery services, land or interests in land, and related other interests; to prescribe certain powers and duties of certain departments and certain other state and local officers; to provide for the promulgation of rules and establishment of fees; and to provide for penalties and remedies.
History: 1986, Act 255, Eff. July 1, 1987 ;-- Am. 2004, Act 21, Eff. Jan. 1, 2005
Compiler's Notes: For transfer of powers and duties of certain occupational functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at MCL 338.3501 of the Michigan Compiled Laws.
- Section 328.211 - Short Title.
- Section 328.212 - Meanings of Words and Phrases.
- Section 328.213 - Definitions; B to D.
- Section 328.214 - Definitions; D to M.
- Section 328.215 - Definitions; N to U.
- Section 328.216 - Certificate of Registration to Sell, Provide, or Agree to Provide Merchandise or Services Pursuant to Prepaid Contract; Application; Fee; Duration of Certificate; Contents of Application Form; Renewal of Registration; Sworn Statement or Special Report; Expiration of Certificate; Reinstatement of Registration; Grounds for Denial of Registration; Compliance; Petition for Reconsideration; Hearing.
- Section 328.217 - Deposit of Funds With Escrow Agent; Agreement to Allow Inspection and Copying of Records.
- Section 328.218 - Accounts, Books, and Records; Special Report; Examination; Corrective or Penal Action; Examination, Review, or Audit of Books and Records; Authorization of Escrow Agents to Open Records; Statement in Lieu of Special Report.
- Section 328.219 - Notice of Purchase or Assignment of Business Operations or Prepaid Contracts.
- Section 328.220 - Nonguaranteed or Guaranteed Price Contracts; Execution.
- Section 328.221 - Guaranteed Price Contract; Requirements.
- Section 328.222 - Funds to Be Held in Escrow by Escrow Agent; Additional Commission Not Subject to Depository Requirements; Commission if Contract Price Paid in Installments; Refund; Qualifications and Selection of Escrow Agent; Authorized Investments; Fees and Expenses; Commingling; Separate Accounting of Principal and Income; Notice to Contract Buyer; Disbursement of Funds; Nonprofit Corporation or Association as Escrow Agent; Furnishing Statement to Contract Buyer.
- Section 328.223 - Cancellation of Prepaid Contract by Contract Buyer; Notice; Disbursement of Principal and Income; Cancellation of Contract by Contract Seller or Provider; Failure to Use Escrow Account to Make Funeral Arrangements; Assignment or Transfer of Obligations.
- Section 328.224 - Liability for Principal and Income; Investment of Funds; Changing Escrow Agent or Depository.
- Section 328.225 - Prices or Quotations of Prices; Requirements; Exception; Manipulation of Prices Prohibited; Provision for Revocation of Contract; Refund; Disclosure of Right to Cancel Contract and Amount of Refund; Disclosure of Commissions; Services Requiring Mortuary Science License or Funeral Establishment License; Construction of Act; Designation of New Contract Beneficiary; Notice; Clear Indication of Nonguaranteed Price Contract, Actual Costs, and Obligations.
- Section 328.226 - Prepaid Funeral Contract Not in Writing as Voidable; Agreement as to Rate of Interest; Interest Added or Deducted in Advance; Computation of Interest; Financing of Contract.
- Section 328.227 - Rules Generally.
- Section 328.228 - Prohibited Conduct; Rules; Administrative Action.
- Section 328.229 - Irrevocable Prepaid Contract Approved by Family Independence Agency or Department of Community Health; Rules.
- Section 328.230 - Complaint; Investigation; Examination of Books, Records, Contracts, and Other Documents; Duties of Department on Determination of Reasonable Cause to Believe in Occurrence of Violation; Violation; Hearing; Duties of Department on Determination of Violation.
- Section 328.231 - Violations; Penalties.
- Section 328.232 - Conversion of Funds as Felony; Violation as Misdemeanor; Penalties.
- Section 328.233 - Noncompliance With Investment and Depositing Requirements; Petition for Appointment of Receiver; Notice; Hearing; Liquidation.
- Section 328.234 - Action to Force Compliance; Damages; Orders.
- Section 328.235 - Effective Date.
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