Kansas Secretary of State

CEMETERY REGULATIONS + STATUTES

The full text of the statutes and regulations below can be found here. Links to the statutes will be coming soon.

PREARRANGED FUNERAL AGREEMENTS: K.S.A. 16-301 through K.S.A. 16-310.

16-301. Prearranged funeral agreements; conditions.

16-302. Same; form and deposits of; exceptions.

16-303. Same; payments and earnings; credit life insurance; irrevocable agreements.

16-304. Same; payments upon death, conditions; balances.

16-305. Same; penalties.

16-306. Same; injunction.

16-307. Same; severability.

16-308. Same; administration of funds; payment into trust fund; investment; payment of administrative costs and taxes; prior existing trust to comply.

16-309. Same; doing business in state defined; nonresidents subject to personal service outside state.

16-310. Same; audit of accounts or trusts by secretary of state; redeposit of improperly paid moneys; actions by attorney general; funds held under agreements not subject to legal process; notice of intent to sell and engage in agreements; obstructing or refusing to submit to examination; audit fee.

 

CEMETERY MERCHANDISE CONTRACTS: K.S.A. 16-320 through K.S.A. 16-334.

16-320. Cemetery merchandise contracts; definitions.

16-321. Same; cemetery merchandise trust fund; establishment; deposit of moneys.

16-322. Same; trust fund; requirements; disbursements.

16-323. Same; penalty.

16-324. Same; trust fund established in trust company or federally insured institution authorized to business in state.

16-325. Same; secretary of state to audit cemetery merchandise trusts.

16-326. Same; redeposit of improperly paid moneys by trustee.

16-327. Same; redeposit of moneys; action by attorney general.

16-328. Same; funds in trust not subject to legal process.

16-329. Same; notice of intent to sell merchandise contracts filed with secretary of state.

16-330. Same; refusal to submit to audit; attorney general.

16-331. Same; refusal to establish trust fund; forfeiture of corporate franchise.

16-332. Same; contract provisions.

16-333. Same; not subject to 16-301 to 16-309.

16-334. Same; copy of trust document filed with secretary of state.

 

CEMETERY PERMANENT MAINTENANCE FUNDS: K.S.A. 17-308 through K.S.A. 17-312g

17-1308. Cemeteries in or near cities; plat of lots and deposits in permanent maintenance fund prerequisite to conveyance of lots.

17-1309. Same; conveyance of lots.

17-1310. Same; control of lands; replatting.

17-1311. Same; permanent maintenance fund; requirements; use.

17-1311a. Same; penalties for misuse.

17-1312. Same; custody; requirements; limitations.

17-1312a. Registration of cemetery corporation with secretary of state; failure to register, penalty; annual statement; maintenance fund; audit or examination of accounts, assessment of expenses.

17-1312b. Audit or examination of books and accounts; examination of officers, employees and agents.

17-1312c. Same; interference with or refusal to submit to examination; appointment of receiver.

17-1312d. Maintenance fund; failure to establish or maintain; forfeiture of franchise.

17-1312e. Information and records of examination confidential; disclosure of certain information allowed.

17-1312f. Application of act; exceptions.

17-1312g. Cemetery corporations; copy of trust document filed with secretary of state.

 

KANSAS SECRETARY OF STATE SCHEDULE OF INFORMATION AND SERVICE FEES: K.A.R. 7-16-1

7-16-1. Administration fees; preneed cemetery merchandise contract; burial or interment space; see pages 1281 and 1286 in K.A.R. Vol. 29 No. 34 August 26, 2010 (pp. 1271-1294).