Perry Funeral Home, Inc. - Page 13

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          these regulations, a “pre-need funeral contract” is defined as              
          “any pre-need funeral services contract or pre-need funeral                 
          arrangements contract, entered into in advance of death”.  Mass.            
          Regs. Code tit. 239, sec. 4.01 (2003).  A “pre-need funeral                 
          services contract”, in turn, is:                                            
               any written agreement whereby a licensed funeral                       
               establishment agrees, prior to the death of a named                    
               person, to provide specifically-identified funeral                     
               goods and/or services to that named person upon his/her                
               death, and which is signed by both the buyer and a duly                
               authorized representative of the licensed funeral                      
               establishment.  [Id.]                                                  
          Similarly, “pre-need funeral arrangements contract” means:                  
               any written arrangement between a licensed funeral                     
               establishment and another person which establishes a                   
               source of funds to be used solely for the purpose of                   
               paying for funeral goods and/or services for a named                   
               person, but which does not identify the specific                       
               funeral goods and/or services to be furnished to that                  
               person.  [Id.]                                                         
               The regulations set forth the required contents of “pre-need           
          funeral contracts”.  Mass. Regs. Code tit. 239, sec. 4.03 (2003).           
          As pertains to funding, contracts are to contain the following:             
                    A written acknowledgement, signed by the buyer,                   
               which indicates that:                                                  
               1.  The buyer has established a funeral trust fund                     
               pursuant to 239 CMR 4.00 and has received all                          
               disclosures required by 239 CMR 4.06(3); or                            
               2.  The buyer has elected to purchase a pre-need                       
               insurance policy or annuity and has received all                       
               disclosures required by 239 CMR 4.07(2); or                            
               3.  The buyer has tendered payment in full for all                     
               funeral goods and services specified in the contract                   
               and has received satisfactory written evidence that                    

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Last modified: May 25, 2011