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Michigan Legislature
Michigan Compiled Laws Complete Through PA 115 of 2018
House: Adjourned until Tuesday, May 22, 2018 1:30:00 PM
Senate: Adjourned until Tuesday, May 22, 2018 10:00:00 AM

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NOTE: Dates reflect any modification to item, not necessarily a change in law.

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

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