North Dakota Code 43-10.1-01 – Definitions
As used in this chapter:
Terms Used In North Dakota Code 43-10.1-01
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Contract: A legal written agreement that becomes binding when signed.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Personal property: All property that is not real property.
- Personal property: includes money, goods, chattels, things in action, and evidences of debt. See North Dakota Code 1-01-49
- Property: includes property, real and personal. See North Dakota Code 1-01-49
1. “Cemetery association” means any person owning, conducting, or maintaining a cemetery or plot for the burial of dead human bodies.
2. “Cemetery merchandise” means all service or property to be used in funeral services or burials other than professional service or personal property to be used in funeral services.
3. “Commissioner” means the securities commissioner.
4. “Irrevocable itemized funeral contract” means an irrevocable pre-need funeral service contract that is an itemized listing of goods and services that will be received based on the contract.
5. “Licensed funeral establishment” means a funeral establishment as defined and licensed in accordance with sections 43-10-21 and 43-10-22.
6. “Pre-need funeral service contract” means any contract, other than an insurance contract, under which for a specified consideration paid in advance in a lump sum or by installments, a person promises, upon the death of a beneficiary named or implied in the contract, to furnish professional service or personal property to be used in funeral services, or to furnish cemetery merchandise.
7. “Professional service or personal property to be used in funeral services” means all personal property, services, supplies, and equipment normally performed or furnished by a licensed embalmer, a licensed funeral establishment, or a cemetery association including any inside interment receptacles or containers into which a dead human remains may be directly placed, caskets, crypt beds, catafalques, and all other articles of merchandise incident to a funeral service, but excluding any outside interment receptacles into which any inside receptacle or container will be placed, grave lots, grave spaces, grave markers, monuments, tombstones, crypts, niches, and mausoleums unless these items are sold by a companion agreement or in contemplation of a trade or barter which includes the sale or rental of any inside interment receptacles or containers into which a dead human remains may be directly placed, caskets, crypt beds, catafalques, or other articles of merchandise incident to a funeral service.