§ 3442. Funeral directing; reports relating to moneys paid in\nconnection with agreements for funeral merchandise or services in\nadvance of need. 1. Every person licensed pursuant to this article,\nincluding funeral directors and funeral firms, receiving moneys in\nconnection with agreements to furnish merchandise or services in\nconnection with a funeral or burial, wherein the merchandise is not to\nbe delivered or the personal services rendered until the occurrence of\nthe death of the person for whose funeral or burial such merchandise or\nservices are to be furnished, shall comply with the provisions of\nsection four hundred fifty-three of the general business law, furnish a\npreneed statement to the person making such payment describing such\nservices and merchandise offered on a form prescribed by the\ncommissioner and shall maintain current records of the persons making\nsuch payments or receiving such merchandise or services or having been\nrepaid moneys and shall maintain true copies of such agreements. Such\nrecords and true copies of agreements shall be made available for\ninspection and shall be made available during ordinary business hours\nfor copying upon written request by the commissioner or his or her\nrepresentative in connection with any investigation pursuant to this\narticle. Copies shall only be requested where the department has\nreceived a complaint, either oral or written, or where the department\ninspector has grounds to believe that serious or repeat violations of\nthis section have occurred.\n 2. Only a funeral firm having a valid registration issued pursuant to\nparagraph (c) of subdivision two of section thirty-four hundred\ntwenty-eight of this article or their duly authorized agent, may receive\nand hold moneys in trust which have been paid in connection with an\nagreement as described in subdivision one of this section.\n 3. (a) Upon the sale or other transfer of any funeral firm, or the\ntransfer of control over such moneys, both the new owner and former\nowner or the estate of the former owner, or both the persons currently\nand formerly having control over such moneys, shall within thirty days\nof such sale or transfer, notify, in writing, each such person who has\npaid moneys of the sale or transfer, including the name and address of\nthe new and former owner. Compliance with the requirements of this\nsubdivision shall constitute compliance with the same notification\nrequirements found in subdivision five of section four hundred\nfifty-three of the general business law. Copies of such notifications\nshall be available for inspection and shall be made available during\nordinary business hours for copying upon written request by the\ncommissioner or his or her representative in connection with any\ninvestigation pursuant to this article.\n (b) Upon the sale or other transfer of any funeral firm having\nreceived moneys in connection with any agreement described in\nsubdivision one of this section or upon any transfer of control over\nsuch moneys, the transferee shall be liable for compliance with all\nprovisions of this section and section four hundred fifty-three of the\ngeneral business law, including the repayment of any moneys and\nprovision of funeral merchandise and services, if the transferor or a\ntransferor's predecessor in interest was liable for compliance with the\nrequirements of this section and section four hundred fifty-three of the\ngeneral business law. Such liability shall attach whether or not the\nsuccessor in interest has, upon conveyance of such funeral firm,\nreceived such moneys or has knowledge of the existence of any agreements\ndescribed herein. Such liability shall attach where there is proof of a\nvalid agreement for providing funeral merchandise and services, and the\nfuneral firm, funeral director or undertaker has not refunded the moneys\nreceived from the customer.\n (c) Upon the sale or other transfer of any funeral firm having\nreceived such moneys,
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