1. (a) Pre-need arrangements, contracts, or plans created or existing prior to July 1, 1977, shall be subject to the provisions of Section 1265, Title 16 of the California Code of Regulations, and shall operate in conformity with the provisions of Section 1265, Title 16 of the California Code of Regulations in the same manner and to the same extent as such arrangements, contracts, and plans created thereafter.
2. (b) No licensed funeral establishment or licensed funeral director shall service and/or purchase any contract made by any person who is not operating in conformity with the provisions of Article 9, Chapter 12, Division 3, of the California Business and Professions Code.

Nothing in this article shall require liquidation or transmutation of any lawful pre-need funeral trust agreement existing prior to the effective date of these regulations, but any pre-need funeral trust agreement as described in said Article 9 entered into subsequent to July 1, 1977, and all funds and the records and books of account thereof may be maintained separately and apart from the records of any trust funds received by any licensed funeral director prior to that date.

Note: Authority cited and Reference: Sections 7606 and 7740, Business and Professions Code.

History

1. New section filed 6-17-77; effective thirtieth day thereafter (Register 77, No. 25).

2. Amendment filed 10-5-81; effective thirtieth day thereafter (Register 81, No. 41).

3. Amendment filed 10-31-97; operative 11-30-97 (Register 97, No. 44).