Trust agreement.

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  • (1) Each trust established by a funeral service establishment shall be administered in accordance with a trust agreement conforming with:
    • (a) the requirements of this chapter;
    • (b) rules adopted with respect to this chapter;
    • (c) the provisions of Title 75, Chapter 7, Utah Uniform Trust Code; and
    • (d) all other state and federal laws applicable to trusts and trust agreements.
  • (2) Each trust agreement shall require that the funeral service establishment maintain a copy of the trust agreement until five years after all of its obligations under the trust agreement have been executed or transferred.
  • (3) Each trust agreement shall require that the trustee:
    • (a) separately account for each contract; and
    • (b) separately record payments with respect to each contract made into the corpus of the trust.
  • (4) Each trust agreement shall provide for distributions from the trust in accordance with the provisions of this chapter upon:
    • (a) the death of the beneficiary;
    • (b) revocation of the contract by the funeral service establishment upon nonpayment by the buyer; or
    • (c) revocation of the contract by the beneficiary or buyer.




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