(a)
- (1) All cemetery companies must keep a book, journal, or comparable record of cash receipts and disbursements showing the date, amount, person from who received or to whom disbursed, and the purpose of each receipt or disbursement.
- (2) This record shall reflect amounts disbursed and deposited to the permanent maintenance fund and any other disbursement of funds by the cemetery company.
- (3) Records should be kept in compliance with general accounting practices.
(b) All sales contracts must be numbered consecutively after a sales contract is executed by the cemetery company, and must contain at least the following:
- (1) Date of contract;
- (2) Total purchase price;
- (3) Terms of sale;
- (4) Description of plot or plots purchased;
- (5) Signature of buyer or buyers;
- (6) Address of buyer or buyers;
- (7) Date when paid in full;
- (8) Deed number or certificate (of interment rights) number (the deed or certificate or other instrument of conveyance shall be issued within sixty (60) days of payment in full); and
- (9) Acknowledgment that the purchaser or purchasers has or have received a copy of the rules of the cemetery.
(c)
- (1) The cemetery company must maintain a copy of each contract in a numerical file or must maintain a numerical listing of each contract with sufficient details, referenced in subsection (b) of this section.
- (2) All voided or cancelled contracts must be so marked and retained in the files indefinitely.
- (d) Each original signed contract must be retained by the cemetery company.
(e)
- (1) Cemetery companies that enter into sales contracts in which one (1) basic contract is drawn for the sale of cemetery lots and other items, such as memorial and burial vaults, must specifically set out in such contract the purchase price of each item being purchased and the total sales contract price.
- (2) If such contract is paid for with an installment plan, the payments must be prorated among the respective items so that full payment of any or all items can be readily identified.
- (3) Only the portion of the sales contract which is for the purchase of the cemetery lot shall be subject to the trust fund deposit requirements.
- (f) Sales contracts which include a calendar or fiscal year and are numbered consecutively within said prefix, shall be considered to be numbered consecutively.
(g) Requirements for installment sales:
(1)
- (A) The cemetery company must retain accounts receivable records on all contracts not yet paid in full.
- (B) The records must be maintained on contracts where the cemetery company receives installment directly as discounted contracts.
- (C) All accounts must be posted currently (at least once a month), either by the cemetery company or the bank, financial institution, or other person discounting the note.
(2)
- (A) Prior to discounting sales contracts with a bank or other financial institution, a cemetery company must verify that the institution will provide the cemetery company with monthly statements showing the status of each discounted note.
- (B) Such monthly status reports must be maintained in the cemetery file.
- (3) If the sales contracts provide for installment payments which include interest, credit life insurance, or similar items, the cemetery must comply with all applicable federal and state rules and regulations.
(h) Instruments of conveyance required.
- (1) Each cemetery company shall issue deeds, certificates, or some other instrument of conveyance, and maintain a record, such as a deed book, of all instruments issued.
(2) All instruments of conveyance must be prenumbered and either the stubs of the instruments or a record book shall be kept which reflects:
- (A) A corresponding contract number;
- (B) The name of the purchaser;
- (C) The date and amount of deposit to the trust fund; and
- (D) That the deed or other instrument of conveyance was executed and made available to the owner within forty-five (45) days after final payment is received, or payment is made in full.
(i) The cemetery company must continuously maintain a cemetery map, plot plan, or comparable record, either in paper or electronic format, reflecting all:
- (1) Interments;
- (2) Lots paid-in-full; and
- (3) Lots under contract but not yet fully paid.
- (j) The cemetery company must have its current rules providing for the general care and maintenance of the cemetery on file at the cemetery for the use of the public.
(k)
- (1) Each cemetery company shall file with the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services a copy of the rules, and any changes thereto, providing the general care and maintenance of the cemetery.
- (2) The rules shall be filed within forty-five (45) calendar days after adoption by the cemetery company.
(l)
- (1) Records required for deeds or other instruments of conveyance, contracts, and plot maps must be kept indefinitely.
- (2) All other books and records must be kept for at least five (5) years.