MCL - Act 255 of 1986
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
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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.
| Document | Type | Description |
|---|---|---|
| Section 328.211 | Section | Short title. |
| Section 328.212 | Section | Meanings of words and phrases. |
| Section 328.213 | Section | Definitions; B to D. |
| Section 328.214 | Section | Definitions; D to M. |
| Section 328.215 | Section | Definitions; N to U. |
| Section 328.216 | Section | 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 | Section | Deposit of funds with escrow agent; agreement to allow inspection and copying of records. |
| Section 328.218 | Section | 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 | Section | Notice of purchase or assignment of business operations or prepaid contracts. |
| Section 328.220 | Section | Nonguaranteed or guaranteed price contracts; execution. |
| Section 328.221 | Section | Guaranteed price contract; requirements. |
| Section 328.222 | Section | 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 | Section | 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 | Section | Liability for principal and income; investment of funds; changing escrow agent or depository. |
| Section 328.225 | Section | 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 | Section | 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 | Section | Rules generally. |
| Section 328.228 | Section | Prohibited conduct; rules; administrative action. |
| Section 328.229 | Section | Irrevocable prepaid contract approved by family independence agency or department of community health; rules. |
| Section 328.230 | Section | 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 | Section | Violations; penalties. |
| Section 328.232 | Section | Conversion of funds as felony; violation as misdemeanor; penalties. |
| Section 328.233 | Section | Noncompliance with investment and depositing requirements; petition for appointment of receiver; notice; hearing; liquidation. |
| Section 328.234 | Section | Action to force compliance; damages; orders. |
| Section 328.235 | Section | Effective date. |