§ 13.226. Nature and description of escrow or trust accounts for prepaid burial contracts.

 (a)  Funds received for prepaid burial contracts shall be placed in an escrow or trust fund account which shall be separate and distinct from the business and personal accounts of the funeral director.

 (b)  If funds received by a funeral director for preneed burial contracts are deposited in a banking account which bears interest, or are invested by the trustee bank and produce earnings, the interest or earnings shall be retained in the account with the principal and shall be held, accounted for and transferred in the same manner as the principal amount, to assure delivery of the same quality of service and merchandise for which the contract was made.

 (c)  In the event of a sale or transfer of the business of a funeral director, prepaid burial contracts and prepaid burial accounts shall immediately be transferred to the control of the licensee who will assume responsibility for completion of the prepaid burial contracts. The licensee-transferee shall notify the Board in writing of the licensee’s willingness to accept responsibility for completion of the prepaid burial contracts.


   The provisions of this §  13.226 adopted December 6, 1991, effective December 7, 1991, 21 Pa.B. 5645.

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