There is a newer version of the South Dakota Codified Laws
2006 South Dakota Code - 55-11-3 — Contract to be in writing--Copies furnished depository and personal representativeof contracting party--Clause concerning trust fund required.
55-11-3. Contract to be in writing--Copies furnished depository and personal representative of contracting party--Clause concerning trust fund required. A contract pursuant to § 55-11-1 shall be in writing and sufficient copies thereof shall be left with the depository pursuant to § 55-11-2 to comply with the provisions of this chapter, and a copy thereof shall also be furnished, upon request, to any executor or administrator of the estate of the decedent who contracted for his burial during his lifetime. The contract shall contain the following in twelve point bold type: IF THIS
CONTRACT IS PURCHASED FOR A GUARANTEED PRICE, NO LESS THAN
EIGHTY-FIVE PERCENT OF ANY FUNDS RECEIVED UNDER THIS CONTRACT ARE
REQUIRED BY LAW TO BE PLACED IN A FUNERAL TRUST FUND IN A
DEPOSITORY DESCRIBED IN SDCL 55-11-2, IN EITHER A REVOCABLE OR
IRREVOCABLE TRUST. IF THIS CONTRACT IS NOT FOR A GUARANTEED PRICE,
ONE HUNDRED PERCENT OF ANY FUNDS RECEIVED UNDER THIS CONTRACT ARE
REQUIRED BY LAW TO BE PLACED IN A FUNERAL TRUST FUND IN A
DEPOSITORY DESCRIBED IN SDCL 55-11-2 IN EITHER A REVOCABLE OR
IRREVOCABLE TRUST. THIS CONTRACT, IF A REVOCABLE TRUST, MAY BE
CANCELED AT ANY TIME UPON THIRTY DAYS WRITTEN NOTICE AND ONE
HUNDRED PERCENT OF THE MONEY PAID INTO TRUST TOGETHER WITH ONE
HUNDRED PERCENT OF ACCRUED TRUST INTEREST SHALL BE RETURNED TO THE
CONTRACT PURCHASER.
Source: SL 1953, ch 496, § 1; SDC Supp 1960, § 27.1409; SL 1967, ch 104, § 1; SL 1981, ch 355, § 2; SL 1986, ch 408, § 3.
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