Illinois Compiled Statutes 815 Business Transactions: Article -

• Illinois Pre-need Cemetery Sales Act. - 815 ILCS 390, Section 1
  Purpose. It is the purpose of this Act to assure adequate protection for those who contract through pre-need contracts for the purchase of certain...
• Illinois Pre-need Cemetery Sales Act. - 815 ILCS 390, Section 2
  This Act applies to all persons, except religious, municipal, State and federal cemeteries, that offer for sale or sell cemetery merchandise, cemetery services, or...
• Illinois Pre-need Cemetery Sales Act. - 815 ILCS 390, Section 3
  Short title. This Act may be cited as the Illinois Pre-Need Cemetery Sales Act. (Source: P.A. 90-47, eff. 1-1-98.)
• Illinois Pre-need Cemetery Sales Act. - 815 ILCS 390, Section 4
  Definitions. As used in this Act, the following terms shall have the meaning specified: (A) "Pre-need sales contract" or "Pre-need sales" means any agreement or...
• Illinois Pre-need Cemetery Sales Act. - 815 ILCS 390, Section 5
  It is unlawful for any seller directly or indirectly doing business within this State to engage in pre-need sales without a license issued by...
• Illinois Pre-need Cemetery Sales Act. - 815 ILCS 390, Section 6
  License application. (a) An application for a license shall be made in writing to the Comptroller on forms prescribed by him or her, signed by...
• Illinois Pre-need Cemetery Sales Act. - 815 ILCS 390, Section 7
  The Comptroller may refuse to issue or may suspend or revoke a license on any of the following grounds: (a) The applicant or licensee...
• Illinois Pre-need Cemetery Sales Act. - 815 ILCS 390, Section 8
  (a) Every license issued by the Comptroller shall state the number of the license, the business name and address of the licensee's principal place of...
• Illinois Pre-need Cemetery Sales Act. - 815 ILCS 390, Section 8a
  Investigation of unlawful practices. If it appears to the Comptroller that a person has engaged in, is engaging in, or is about to engage...
• Illinois Pre-need Cemetery Sales Act. - 815 ILCS 390, Section 8b
  Service. Service by the Comptroller of any notice requiring a person to file a statement or report shall be made: (1) personally by delivery...
• Illinois Pre-need Cemetery Sales Act. - 815 ILCS 390, Section 9
  The Comptroller may upon his own motion investigate the actions of any person providing, selling, or offering pre-need sales contracts or of any applicant...
• Illinois Pre-need Cemetery Sales Act. - 815 ILCS 390, Section 10
  Any circuit court may, upon application of the Comptroller or of the applicant or licensee against whom proceedings under Section 9 are pending, enter...
• Illinois Pre-need Cemetery Sales Act. - 815 ILCS 390, Section 11
  Any person affected by a final administrative decision of the Comptroller may have such decision reviewed judicially by the circuit court of the county...
• Illinois Pre-need Cemetery Sales Act. - 815 ILCS 390, Section 12
  License revocation or suspension. (a) The Comptroller may, upon determination that grounds exist for the revocation or suspension of a license issued under this...
• Illinois Pre-need Cemetery Sales Act. - 815 ILCS 390, Section 13
  A licensee may surrender any license by delivering to the Comptroller written notice that he thereby surrenders such license but such surrender shall not...
• Illinois Pre-need Cemetery Sales Act. - 815 ILCS 390, Section 14
  Contract required. (a) It is unlawful for any person doing business within this State to accept sales proceeds, either directly or indirectly, by any means...
• Illinois Pre-need Cemetery Sales Act. - 815 ILCS 390, Section 15
  (a) Whenever a seller receives anything of value under a pre-need sales contract, the person receiving such value shall deposit 50% of all proceeds received...
• Illinois Pre-need Cemetery Sales Act. - 815 ILCS 390, Section 16
  Trust funds; disbursements. (a) A trustee shall make no disbursements from the trust fund except as provided in this Act. (b) A trustee has a...
• Illinois Pre-need Cemetery Sales Act. - 815 ILCS 390, Section 16.5
  Licensee bankruptcy. In the event of a licensee's bankruptcy, insolvency, or assignment for the benefit of creditors, or in the event of the bankruptcy,...
• Illinois Pre-need Cemetery Sales Act. - 815 ILCS 390, Section 17
  (a) The principal and undistributed income of the trust created pursuant to Section 15 of this Act shall be paid to the seller if:...
• Illinois Pre-need Cemetery Sales Act. - 815 ILCS 390, Section 18
  (a) If for any reason a seller who has engaged in pre-need sales has refused, cannot or does not comply with the terms of...
• Illinois Pre-need Cemetery Sales Act. - 815 ILCS 390, Section 19
  Construction or development of spaces. (a) The construction or development of undeveloped interment, entombment or inurnment spaces shall be commenced on that phase, section...
• Illinois Pre-need Cemetery Sales Act. - 815 ILCS 390, Section 20
  Records. (a) Each licensee must keep accurate accounts, books and records in this State at the principal place of business identified in the licensee's license...
• Illinois Pre-need Cemetery Sales Act. - 815 ILCS 390, Section 21
  Audits. (a) The Comptroller may audit the records of any licensee with respect to the trust funds created or pre-construction performance bonds obtained pursuant...
• Illinois Pre-need Cemetery Sales Act. - 815 ILCS 390, Section 22
  Cemetery Consumer Protection Fund. (a) Every seller engaging in pre-need sales shall pay to the Comptroller $5 for each said contract entered into, to be...
• Illinois Pre-need Cemetery Sales Act. - 815 ILCS 390, Section 23
  (a) Any person who fails to deposit the required amount into a trust provided for in this Act, improperly withdraws or uses trust funds...
• Illinois Pre-need Cemetery Sales Act. - 815 ILCS 390, Section 24
  The Comptroller may adopt, amend or repeal such rules, not inconsistent with the law, as may be necessary to enable him to administer and...
• Illinois Pre-need Cemetery Sales Act. - 815 ILCS 390, Section 25
  Any provision of any contract which purports to waive any provision of this Act shall be null and void. (Source: P.A. 84-239.)
• Illinois Pre-need Cemetery Sales Act. - 815 ILCS 390, Section 26
  (a) No person shall encumber or mortgage cemetery property, unless the mortgage or other encumbrance documents contain the following clause: "The mortgagee expressly agrees...
• Illinois Pre-need Cemetery Sales Act. - 815 ILCS 390, Section 27
  (a) The provisions of this Act shall not apply to any pre-need sale that was executed prior to the effective date of this Act....
• Illinois Pre-need Cemetery Sales Act. - 815 ILCS 390, Section 27.1
  Sales; liability of purchaser for shortage. In the event of a sale or transfer of all or substantially all of the assets of the...

Last modified: February 18, 2015