§ 32-7-10 Definitions
§ 32-7-20 Preneed funeral contracts; management of funds; contents of contract; substitutions for merchandise selected
§ 32-7-25 Irrevocable contracts
§ 32-7-30 Refunds upon written demand
§ 32-7-35 Transfer of preneed funeral contracts
§ 32-7-40 Deposit of trust funds
§ 32-7-45 Transfer of contracts where provider goes out of business; department authorized to accomplish transfer
§ 32-7-50 License required; application, issuance, and revocation; service charges and listing of contracts sold to be forwarded to department; penalty
§ 32-7-60 Preneed Funeral Loss Reimbursement Fund established; disposition of funds; reimbursement procedures; advertising restrictions in sales of preneed contracts
§ 32-7-70 Accounts and records; investigations
§ 32-7-90 Soliciting and advertising
§ 32-7-95 Advertising and soliciting prohibitions as to preneed funeral contracts apply to funeral director licensed as agent and life insurer
§ 32-7-100 Penalties; revocation of license; request for contested case hearing
§ 32-7-110 Enforcement; investigation of unlicensed providers
§ 32-7-120 Application of chapter
§ 32-7-130 Sale at need of granite, memorials, or vaults by licensed funeral director

Terms Used In South Carolina Code > Title 32 > Chapter 7 - Preneed Funeral Contracts

  • Administrator: means the Administrator of the South Carolina Department of Consumer Affairs. See South Carolina Code 32-7-10
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • At need: means after the beneficiary is deceased, and "at preneed" means before the beneficiary is deceased. See South Carolina Code 32-7-10
  • 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
  • Beneficiary: means the person who is to be the subject of the disposition, services, facilities, or merchandise described in a preneed funeral contract. See South Carolina Code 32-7-10
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Common trust fund: means a trust in which the proceeds of more than one funeral contract may be held by the trustee. See South Carolina Code 32-7-10
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the South Carolina Department of Consumer Affairs. See South Carolina Code 32-7-10
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Financial institution: means a bank, trust company, or savings and loan association authorized by law to do business in this State. See South Carolina Code 32-7-10
  • Fraud: Intentional deception resulting in injury to another.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Preneed funeral contract: means a contract which has for its purpose the furnishing or performance of funeral services or the furnishing or delivery of personal property, merchandise, or services of any nature in connection with the final disposition of a dead human body to be furnished or delivered at a time determinable by the death of the person whose body is to be disposed of, but does not mean the furnishing of a cemetery lot, crypt, niche, mausoleum, grave marker, or monument. See South Carolina Code 32-7-10
  • Probate: Proving a will
  • Provider: means a funeral home licensed in this State which is the entity providing services and merchandise pursuant to a preneed funeral contract and is designated trustee of all funds. See South Carolina Code 32-7-10
  • Purchaser: means the person who is obligated to make payments under a preneed funeral contract. See South Carolina Code 32-7-10
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Seller: means a licensed funeral director in this State who is directly employed by the provider. See South Carolina Code 32-7-10
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trustee: A person or institution holding and administering property in trust.