IC 30-4-5.5
Chapter 5.5. Enforcement Powers of Attorney General
IC 30-4-5.5-1 Remedies by attorney general against certain trustees and other
individuals
Sec. 1. (a) This section applies to the following:
(1) A trustee of a benevolent trust, including a perpetual care
fund or endowment care fund established under IC 23-14-48 or
a prepaid funeral trust or escrow account established under
IC 30-2-9, IC 30-2-10, or IC 30-2-13.
(2) A cemetery owner.
(3) A funeral home.
(4) A beneficiary of a contract entered into under IC 30-2-9.
(5) A seller (as defined in IC 30-2-13-10) under IC 30-2-13.
(6) Any other person that holds a perpetual care fund, an
endowment care fund, or a prepaid funeral trust fund.
(b) A person described in subsection (a) may not do any of the
following:
(1) Commit a breach of trust.
(2) Violate the mandate of a charitable trust.
(3) Violate a duty listed in this article.
(4) Fail to comply with a requirement or prohibition set forth in
any of the following:
(A) IC 23-14-48.
(B) IC 23-14-48.5.
(C) IC 23-14-49.
(D) IC 23-14-51.
(E) IC 30-2-9.
(F) IC 30-2-10.
(G) IC 30-2-13.
(H) IC 30-4.
(c) The attorney general may petition a court to issue one (1) or
more of the following remedies for a breach, violation, or failure
enumerated in subsection (b):
(1) Injunctive relief.
(2) Appointment of temporary or permanent receivers.
(3) Permanent removal of trustees.
(4) Appointment of permanent replacement trustees subject to
court approval.
A remedy under this subsection is in addition to any other remedy.
(d) The attorney general may seek a remedy listed in subsection
(c) against a trustee, a trust, or any other person described in
subsection (a) for a breach, violation, or failure enumerated in
subsection (b).
(e) A court in which an action is brought under this section may
do the following:
(1) Issue a temporary restraining order, preliminary injunction,
or permanent injunction.
(2) Order a trustee, an escrow agent, a seller (as defined in
IC 30-2-13-10), a cemetery owner, or a funeral home to pay
restitution or money unlawfully received or retained from
purchasers and deposit the restitution or money into an escrow
account for distribution to aggrieved purchasers.
(3) Order a trustee, an escrow agent, a seller (as defined in
IC 30-2-13-10), a cemetery owner, or a funeral home to
reimburse the state for reasonable costs incurred by the attorney
general in investigating and prosecuting a violation of this
section.
(4) Impose civil penalties.
(5) Provide for the appointment of a receiver. As added by P.L.245-2005, SEC.8. Amended by P.L.61-2008,
SEC.15.
IC 30-4-5.5
Chapter 5.5. Enforcement Powers of Attorney General
IC 30-4-5.5-1 Remedies by attorney general against certain trustees and other
individuals
Sec. 1. (a) This section applies to the following:
(1) A trustee of a benevolent trust, including a perpetual care
fund or endowment care fund established under IC 23-14-48 or
a prepaid funeral trust or escrow account established under
IC 30-2-9, IC 30-2-10, or IC 30-2-13.
(2) A cemetery owner.
(3) A funeral home.
(4) A beneficiary of a contract entered into under IC 30-2-9.
(5) A seller (as defined in IC 30-2-13-10) under IC 30-2-13.
(6) Any other person that holds a perpetual care fund, an
endowment care fund, or a prepaid funeral trust fund.
(b) A person described in subsection (a) may not do any of the
following:
(1) Commit a breach of trust.
(2) Violate the mandate of a charitable trust.
(3) Violate a duty listed in this article.
(4) Fail to comply with a requirement or prohibition set forth in
any of the following:
(A) IC 23-14-48.
(B) IC 23-14-48.5.
(C) IC 23-14-49.
(D) IC 23-14-51.
(E) IC 30-2-9.
(F) IC 30-2-10.
(G) IC 30-2-13.
(H) IC 30-4.
(c) The attorney general may petition a court to issue one (1) or
more of the following remedies for a breach, violation, or failure
enumerated in subsection (b):
(1) Injunctive relief.
(2) Appointment of temporary or permanent receivers.
(3) Permanent removal of trustees.
(4) Appointment of permanent replacement trustees subject to
court approval.
A remedy under this subsection is in addition to any other remedy.
(d) The attorney general may seek a remedy listed in subsection
(c) against a trustee, a trust, or any other person described in
subsection (a) for a breach, violation, or failure enumerated in
subsection (b).
(e) A court in which an action is brought under this section may
do the following:
(1) Issue a temporary restraining order, preliminary injunction,
or permanent injunction.
(2) Order a trustee, an escrow agent, a seller (as defined in
IC 30-2-13-10), a cemetery owner, or a funeral home to pay
restitution or money unlawfully received or retained from
purchasers and deposit the restitution or money into an escrow
account for distribution to aggrieved purchasers.
(3) Order a trustee, an escrow agent, a seller (as defined in
IC 30-2-13-10), a cemetery owner, or a funeral home to
reimburse the state for reasonable costs incurred by the attorney
general in investigating and prosecuting a violation of this
section.
(4) Impose civil penalties.
(5) Provide for the appointment of a receiver. As added by P.L.245-2005, SEC.8. Amended by P.L.61-2008,
SEC.15.
IC 30-4-5.5
Chapter 5.5. Enforcement Powers of Attorney General
IC 30-4-5.5-1 Remedies by attorney general against certain trustees and other
individuals
Sec. 1. (a) This section applies to the following:
(1) A trustee of a benevolent trust, including a perpetual care
fund or endowment care fund established under IC 23-14-48 or
a prepaid funeral trust or escrow account established under
IC 30-2-9, IC 30-2-10, or IC 30-2-13.
(2) A cemetery owner.
(3) A funeral home.
(4) A beneficiary of a contract entered into under IC 30-2-9.
(5) A seller (as defined in IC 30-2-13-10) under IC 30-2-13.
(6) Any other person that holds a perpetual care fund, an
endowment care fund, or a prepaid funeral trust fund.
(b) A person described in subsection (a) may not do any of the
following:
(1) Commit a breach of trust.
(2) Violate the mandate of a charitable trust.
(3) Violate a duty listed in this article.
(4) Fail to comply with a requirement or prohibition set forth in
any of the following:
(A) IC 23-14-48.
(B) IC 23-14-48.5.
(C) IC 23-14-49.
(D) IC 23-14-51.
(E) IC 30-2-9.
(F) IC 30-2-10.
(G) IC 30-2-13.
(H) IC 30-4.
(c) The attorney general may petition a court to issue one (1) or
more of the following remedies for a breach, violation, or failure
enumerated in subsection (b):
(1) Injunctive relief.
(2) Appointment of temporary or permanent receivers.
(3) Permanent removal of trustees.
(4) Appointment of permanent replacement trustees subject to
court approval.
A remedy under this subsection is in addition to any other remedy.
(d) The attorney general may seek a remedy listed in subsection
(c) against a trustee, a trust, or any other person described in
subsection (a) for a breach, violation, or failure enumerated in
subsection (b).
(e) A court in which an action is brought under this section may
do the following:
(1) Issue a temporary restraining order, preliminary injunction,
or permanent injunction.
(2) Order a trustee, an escrow agent, a seller (as defined in
IC 30-2-13-10), a cemetery owner, or a funeral home to pay
restitution or money unlawfully received or retained from
purchasers and deposit the restitution or money into an escrow
account for distribution to aggrieved purchasers.
(3) Order a trustee, an escrow agent, a seller (as defined in
IC 30-2-13-10), a cemetery owner, or a funeral home to
reimburse the state for reasonable costs incurred by the attorney
general in investigating and prosecuting a violation of this
section.
(4) Impose civil penalties.
(5) Provide for the appointment of a receiver. As added by P.L.245-2005, SEC.8. Amended by P.L.61-2008,
SEC.15.
