Sec. 1. (a) This section applies to the following: (1) A trustee of a benevolent trust, including a perpetual care fund or endowment care fund established under IC 23-14-48 or a prepaid funeral trust or escrow account established under IC 30-2-9 , IC 30-2-10 , or IC 30-2-13 . (2) A cemetery owner. (3) A funeral home. (4) A beneficiary of a contract entered into under IC 30-2-9 . (5) A seller (as defined in IC 30-2-13-10 ) under IC 30-2-13 . (6) Any other person that holds a perpetual care fund, an endowment care fund, or a prepaid funeral trust fund. (b) A person described in subsection (a) may not do any of the following: (1) Commit a breach of trust. (2) Violate the mandate of a charitable trust. (3) Violate a duty listed in this article. (4) Fail to comply with a requirement or prohibition set forth in any of the following: (A) IC 23-14-48 . (B) IC 23-14-48.5 . (C) IC 23-14-49 . (D) IC 23-14-51 . (E) IC 30-2-9 . (F) IC 30-2-10 . (G) IC 30-2-13 . (H) IC 30-4 . (c) The attorney general may petition a court to issue one (1) or more of the following remedies for a breach, violation, or failure enumerated in subsection (b): (1) Injunctive relief. (2) Appointment of temporary or permanent receivers. (3) Permanent removal of trustees. (4) Appointment of permanent replacement trustees subject to court approval. A remedy under this subsection is in addition to any other remedy. (d) The attorney general may seek a remedy listed in subsection (c) against a trustee, a trust, or any other person described in subsection (a) for a breach, violation, or failure enumerated in subsection (b). (e) A court in which an action is brought under this section may do the following: (1) Issue a temporary restraining order, preliminary injunction, or permanent injunction. (2) Order a trustee, an escrow agent, a seller (as defined in IC 30-2-13-10 ), a cemetery owner, or a funeral home to pay restitution or money unlawfully received or retained from purchasers and deposit the restitution or money into an escrow account for distribution to aggrieved purchasers. (3) Order a trustee, an escrow agent, a seller (as defined in IC 30-2-13-10 ), a cemetery owner, or a funeral home to reimburse the state for reasonable costs incurred by the attorney general in investigating and prosecuting a violation of this section. (4) Impose civil penalties. (5) Provide for the appointment of a receiver. IC 30-4-6 Chapter 6. Procedure 30-4-6-1 Jurisdiction 30-4-6-2 Continuing jurisdiction 30-4-6-3 Venue; transfer of trust's principal place of administration; notice; objection to transfer 30-4-6-4 Docketing of trusts in general 30-4-6-5 Pleadings 30-4-6-6 Notice 30-4-6-6.5 Methods for sending notice 30-4-6-7 Filing copy of trust instrument as part of proceeding 30-4-6-8 Bonding 30-4-6-9 Suit on bond 30-4-6-10 Representation by class or similar interest 30-4-6-10.5 Persons who represent interests of and bind other persons 30-4-6-11 Appeals 30-4-6-12 Statute of limitations 30-4-6-13 Application of rules of procedure 30-4-6-14 Contesting validity of revocable or irrevocable trust; time limits; notice requirements; petition
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