§ 5-708. Disbursement of money

   (a) In general. -- The trustee may not disburse specific funds until preneed goods are delivered or preneed services are performed as provided in the preneed burial contract or in this subtitle.

(b) On performance of contract -- In general. -- On performance of a preneed burial contract:

   (1) the seller shall certify to the trustee:

      (i) delivery of the preneed goods or performance of the preneed services; and

      (ii) the amount of specific funds in the trust account; and

   (2) the trustee shall then pay to the seller the specific funds and accrued interest.

(c) On performance of contract -- Itemization by seller. --

   (1) In a seller's records, the seller may itemize preneed goods or preneed services to which the trust requirements of this subtitle apply and the consideration paid or to be paid for each item.

   (2) If a seller itemizes in accordance with paragraph (1) of this subsection, on performance of that part of a preneed burial contract identified for itemized preneed goods or preneed services:

      (i) the seller shall certify to the trustee:

         1. delivery of the preneed goods or performance of the preneed services; and

         2. the amount of the specific funds identified in the seller's records for those preneed goods or preneed services; and

      (ii) the trustee shall then pay to the seller those specific funds and accrued interest.

(d) On performance of contract -- 2 or more individuals. --

   (1) If a preneed burial contract provides, for 2 or more individuals, preneed goods or preneed services to which the trust requirements of this subtitle apply, a seller may designate in the seller's records the consideration paid for each individual.

   (2) On performance of that part of the preneed burial contract identified to a particular individual:

      (i) the seller shall certify to the trustee:

         1. delivery of the preneed goods or performance of the preneed services; and

         2. the amount of the specific funds applicable to that part of the preneed burial contract; and

      (ii) the trustee shall then pay to the seller those specific funds and accrued interest.

HISTORY: An. Code 1957, art. 23, § 165B; 1992, ch. 4, § 2; 1997, ch. 675, § 1; 1998, ch. 664.