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Form a Business

BURIAL ASSOCIATIONS

KRS tit. XXV, ch. 303
in effect

KRS 303.010 Repealed, 1970

303.010. Repealed, 1970 Catchline at repeal: Construction of chapter. History: Repealed 1970 Ky. Acts ch. 301, subtit. 99, sec. 3, effective June 18, 1970. -- Amended 1968 Ky. Acts ch. 147, sec. 1, effective June 13, 1968. -- Amended 1966 Ky. Acts ch. 255, sec. 240, effective June 16, 1966. -- Amended 1950 ch. 118, sec. 1, effective June 15, 1950. -- Amended 1946 Ky. Acts ch. 51, secs. 1, 2, 3, and 5. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 199a-10, 199a-19, 2089L-3.

KRS 303.020 Repealed, 1970

303.020. Repealed, 1970 Catchline at repeal: Hospital service plan; hospitals and contract forms to be approved. History: Repealed 1970 Ky. Acts ch. 301, subtit. 99, sec. 3, effective June 18, 1970. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2089L-3, 2089L-5, 2089L-8.

KRS 303.030 Repealed, 1970

303.030. Repealed, 1970 Catchline at repeal: Articles of incorporation. History: Repealed 1970 Ky. Acts ch. 301, subtit. 99, sec. 3, effective June 18, 1970. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2089L-2, 2089L-4.

KRS 303.040 Repealed, 1970

303.040. Repealed, 1970 Catchline at repeal: Investigation and approval of proposed corporation. History: Repealed 1970 Ky. Acts ch. 301, subtit. 99, sec. 3, effective June 18, 1970. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2089L-4.

KRS 303.050 Repealed, 1970

303.050. Repealed, 1970 Catchline at repeal: Deposit of security; investment of assets. History: Repealed 1970 Ky. Acts ch. 301, subtit. 99, sec. 3, effective June 18, 1970. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2089L-4, 2089L-9.

KRS 303.060 Repealed, 1970

303.060. Repealed, 1970 Catchline at repeal: Approval and regulation of rates and expenses; agents regulated by insurance law. History: Repealed 1970 Ky. Acts ch. 301, subtit. 99, sec. 3, effective June 18, 1970. -- Amended 1950 Ky. Acts ch. 118, sec. 2, effective June 15, 1950. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2089L-8.

KRS 303.070 Repealed, 1970

303.070. Repealed, 1970 Catchline at repeal: Annual statement of condition; examination by commissioner. History: Repealed 1970 Ky. Acts ch. 301, subtit. 99, sec. 3, effective June 18, 1970. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2089L-6, 2089L-7.

KRS 303.080 Repealed, 1970

303.080. Repealed, 1970 Catchline at repeal: Reinsurance; reorganization as insurance company; liquidation. History: Repealed 1970 Ky. Acts ch. 301, subtit. 99, sec. 3, effective June 18, 1970. -- Amended 1950 Ky. Acts ch. 118, sec. 3, effective June 15, 1950. -- Amended 1946 Ky. Acts ch. 75, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2089L-10.

KRS 303.090 Repealed, 1970

303.090. Repealed, 1970 Catchline at repeal: Incorporation. History: Repealed 1970 Ky. Acts ch. 301, subtit. 99, sec. 3, effective June 18, 1970. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 199a-12.

KRS 303.100 Commissioner of insurance is agent for process

303.100. Commissioner of insurance is agent for process A burial association desiring to do business in this state shall file with the commissioner of the Department of Insurance a power of attorney as is required of insurance companies, designating the commissioner as the proper person upon whom process may be served. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 903, effective July 15, 2010. -- Amended 2005 Ky. Acts ch. 123, sec. 28, effective June 20, 2005. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 199a-14.

KRS 303.110 Application, constitution or bylaws affecting contract to accompany policy

303.110. Application, constitution or bylaws affecting contract to accompany policy (1) All policies issued to persons within this state that contain any reference to the application of the insured or the constitution, bylaws or other rules of the association, either as forming a part of the policy or contract between the parties thereto or having any bearing on the contract, shall contain or have attached to the policy a correct copy of the application as signed by the applicant, and the portions of the constitution, bylaws or other rules referred to. (2) Unless attached and accompanying the policy, no application, constitution, bylaws or other rules shall be received as evidence in any controversy between the parties to or interested in the policy, and shall not be considered a part of the policy or contract between the parties. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 199a-18.

KRS 303.120 Repealed, 1966

303.120. Repealed, 1966 Catchline at repeal: Funeral benefits to be paid in money. History: Repealed 1966 Ky. Acts ch. 255, sec. 283, effective June 16, 1966. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 199a-11.

KRS 303.121 Burial association benefits must be paid in money

303.121. Burial association benefits must be paid in money It shall be unlawful for any burial association or any association engaged in the business of issuing contracts, policies or agreements of burial insurance of any kind or character whatsoever or any contracts of a similar nature to issue or cause to be issued any agreement, policy, contract, bond, assurance or guarantee or to have any bylaws which shall provide for the payment of any funeral or burial benefits in merchandise or services, but all payments of benefits thereunder must be made in money. Effective: June 13, 1944 History: Created 1944, ch. 144, sec. 1, effective June 13, 1944.

KRS 303.122 Bond of undertaking concern desiring to perform provisions of burial contract

303.122. Bond of undertaking concern desiring to perform provisions of burial contract (1) Any person, firm, corporation, partnership or undertaking concern, duly and regularly licensed to engage in the undertaking business in the Commonwealth of Kentucky who may desire to perform the provisions of any agreement, policy, contract, bond, assurance or guarantee issued by any burial association or association of a similar nature authorized to do business in the Commonwealth of Kentucky shall file with the commissioner of the Department of Insurance of the Commonwealth of Kentucky a bond in an amount that is reasonable to be fixed by the commissioner of insurance of the Commonwealth of Kentucky, which bond shall be conditioned upon the faithful performance of the agreement, policy, contract, bond, assurance or guarantee issued by any burial association or association of a similar nature authorized to do business in the Commonwealth of Kentucky to its members as approved by the commissioner of insurance of the Commonwealth of Kentucky. (2) The commissioner of insurance shall adopt appropriate forms for the filing of the bond provided for herein and shall, upon request, furnish said forms to any person, firm, corporation, partnership or undertaking concern, duly and regularly licensed to engage in the undertaking business in the Commonwealth of Kentucky, who may desire to qualify under the terms of this section. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 904, effective July 15, 2010. -- Created 1944 Ky. Acts ch. 144, sec. 1, effective June 13, 1944.

KRS 303.123 Contracts or proceeds not transferable

303.123. Contracts or proceeds not transferable No agreement, policy, contract, bond, assurance or guarantee of any burial association or association of a similar nature authorized to do business in the Commonwealth of Kentucky is transferable or assignable nor are the benefits or any part thereof transferable or assignable. Effective: June 16, 1966 History: Amended 1966 Ky. Acts ch. 255, sec. 241, effective June 16, 1966. -- Created 1944 Ky. Acts ch. 144, sec. 1, effective June 13, 1944.

KRS 303.124 Repealed, 1966

303.124. Repealed, 1966 Catchline at repeal: Declaration of public policy; exemption of existing contracts. Effective: June 16, 1966 History: Repealed 1966 Ky. Acts ch. 255, sec. 283, effective June 16, 1966. -- Created 1944 Ky. Acts ch. 144, sec. 1, effective June 13, 1944.

KRS 303.130 Deposit of securities

303.130. Deposit of securities Each burial association shall deposit with the custodian of insurance securities to the amount of not less than $100,000, to be held for the benefit of its policyholders. These securities shall be of the kind in which domestic life insurance companies are allowed by law to invest their capital. Associations shall have, at all times, on approval of the commissioner, the right to exchange any part of the securities for other of like amount or character. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 905, effective July 15, 2010. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 199a-13.

KRS 303.140 Annual statement -- Examination by the commissioner

303.140. Annual statement -- Examination by the commissioner (1) All burial associations shall, by March 1 of each year, make and file with the commissioner a report of its affairs and operations during the year ending December 31 immediately preceding. This report shall be upon blank forms furnished by the commissioner and shall be verified under oath by the authorized officers of the associations. It shall show the number of outstanding policies, the number of matured policies, and all other information connected with their business as the commissioner requires. This report, or the substance thereof, shall be published in the annual report of the commissioner. (2) The commissioner may make any examination of the books or affairs of associations as he may make of insurance companies in this state. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 906, effective July 15, 2010. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 199a-16.

KRS 303.150 Appointment of receiver -- Dissolution of association

303.150. Appointment of receiver -- Dissolution of association (1) If, upon examination of a burial association by the commissioner or any person designated by him to make the examination, it appears that the liabilities of the association exceed its resources, and it cannot in a reasonable time, not more than three (3) months from the date of the original default, pay its accrued indebtedness in full, he shall report the facts to the Attorney General. The Attorney General shall, upon the commissioner's report, apply to the Judge of the Franklin Circuit Court or to the Judge of the Circuit Court of the county wherein the association is located for an order closing the business of the association, and appointing a receiver for the distribution of its assets among creditors. No final order shall be made until the association has had ten (10) days' notice of the application and an opportunity to be heard. Upon hearing the matter, the court may make any order which the interest of the association and the public may require. (2) When any burial association discontinues business, or when for any cause a dissolution is decreed, or when for sixty (60) days any judgment remains unsatisfied, the Circuit Judge in any county in which the association has transacted business may appoint a receiver to distribute its assets among its policyholders for any persons having claims against the association. The assets shall be applied first, on accrued or natural claims or policies; second, on claims of any other kind or character; third, in payment to policyholders of all dues paid in by them; and, if a balance remains after payment of the above named claims, then that sum shall be returned to the burial association. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 907, effective July 15, 2010. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 199a-13, 199a-17.

KRS 303.160 Repealed, 1970

303.160. Repealed, 1970 Catchline at repeal: Organization of medical service plan corporation; filing and approval of articles. History: Repealed 1970 Ky. Acts ch. 301, subtit. 99, sec. 3, effective June 18, 1970. -- Created 1946 Ky. Acts ch. 51, secs. 7 and 8.

KRS 303.170 Repealed, 1970

303.170. Repealed, 1970 Catchline at repeal: Deposit of securities; investment of funds. History: Repealed 1970 Ky. Acts ch. 301, subtit. 99, sec. 3, effective June 18, 1970. -- Created 1946 Ky. Acts ch. 51, secs. 13 and 14.

KRS 303.180 Repealed, 1970

303.180. Repealed, 1970 Catchline at repeal: Participation of doctors required. History: Repealed 1970 Ky. Acts ch. 301, subtit. 99, sec. 3, effective June 18, 1970. -- Created 1946 Ky. Acts ch. 51, sec. 10.

KRS 303.190 Repealed, 1970

303.190. Repealed, 1970 Catchline at repeal: Right of doctor to become participating physician; terms and conditions; free choice by subscribers. History: Repealed 1970 Ky. Acts ch. 301, subtit. 99, sec. 3, effective June 18, 1970. -- Created 1946 Ky. Acts ch. 51, sec. 6.

KRS 303.200 Repealed, 1970

303.200. Repealed, 1970 Catchline at repeal: Contracts must be approved. History: Repealed 1970 Ky. Acts ch. 301, subtit. 99, sec. 3, effective June 18, 1970. -- Created 1946 Ky. Acts ch. 51, sec. 9.

KRS 303.210 Repealed, 1970

303.210. Repealed, 1970 Catchline at repeal: Rates, costs and expenses; filing and approval; restriction on payments. History: Repealed 1970 Ky. Acts ch. 301, subtit. 99, sec. 3, effective June 18, 1970. -- Created 1946 Ky. Acts ch. 51, sec. 11.

KRS 303.220 Repealed, 1970

303.220. Repealed, 1970 Catchline at repeal: Annual financial statement; examination of company. History: Repealed 1970 Ky. Acts ch. 301, subtit. 99, sec. 3, effective June 18, 1970. -- Created 1946 Ky. Acts ch. 51, sec. 12.

KRS 303.230 Repealed. 1970

303.230. Repealed. 1970 Catchline at repeal: Dissolution or liquidation. History: Repealed 1970 Ky. Acts ch. 301, subtit. 99, sec. 3, effective June 18, 1970. -- Amended 1950 Ky. Acts ch. 118, sec. 4, effective June 15, 1950. -- Created 1946 Ky. Acts ch. 51, sec. 16.

KRS 303.240 Repealed, 1970

303.240. Repealed, 1970 Catchline at repeal: Application of other laws. History: Repealed 1970 Ky. Acts ch. 301, subtit. 99, sec. 3, effective June 18, 1970. -- Amended 1950 Ky. Acts ch. 118, sec. 5, effective June 15, 1950. -- Created 1946 Ky. Acts ch. 51, secs. 4, 12, and 15.

KRS 303.310 Repealed, 1970

303.310. Repealed, 1970 Catchline at repeal: Definitions. History: Repealed 1970 Ky. Acts ch. 301, subtit. 99, sec. 3, effective June 18, 1970. -- Created 1958 Ky. Acts ch. 145, sec. 1, effective June 19, 1958.

KRS 303.320 Repealed, 1970

303.320. Repealed, 1970 Catchline at repeal: Incorporation. History: Repealed 1970 Ky. Acts ch. 301, subtit. 99, sec. 3, effective June 18, 1970. -- Created 1958 Ky. Acts ch. 145, sec. 2, effective June 19, 1958.

KRS 303.330 Repealed, 1970

303.330. Repealed, 1970 Catchline at repeal: Bond; permitted investments. History: Repealed 1970 Ky. Acts ch. 301, subtit. 99, sec. 3, effective June 18, 1970. -- Created 1958 Ky. Acts ch. 145, sec. 3, effective June 19, 1958.

KRS 303.340 Repealed, 1970

303.340. Repealed, 1970 Catchline at repeal: Participation minimum. History: Repealed 1970 Ky. Acts ch. 301, subtit. 99, sec. 3, effective June 18, 1970. -- Created 1958 Ky. Acts ch. 145, sec. 4, effective June 19, 1958.

KRS 303.350 Repealed, 1970

303.350. Repealed, 1970 Catchline at repeal: Rights of participating dentists. History: Repealed 1970 Ky. Acts ch. 301, subtit. 99, sec. 3, effective June 18, 1970. -- Created 1958 Ky. Acts ch. 145, sec. 5, effective June 19, 1958.

KRS 303.360 Repealed, 1970

303.360. Repealed, 1970 Catchline at repeal: Approval of contracts by board. History: Repealed 1970 Ky. Acts ch. 301, subtit. 99, sec. 3, effective June 18, 1970. -- Created 1958 Ky. Acts ch. 145, sec. 6, effective June 19, 1958.

KRS 303.370 Repealed, 1970

303.370. Repealed, 1970 Catchline at repeal: Supervision by commissioner. History: Repealed 1970 Ky. Acts ch. 301, subtit. 99, sec. 3, effective June 18, 1970. -- Created 1958 Ky. Acts ch. 145, sec. 7, effective June 19, 1958.

KRS 303.380 Repealed, 1970

303.380. Repealed, 1970 Catchline at repeal: Financial statement. History: Repealed 1970 Ky. Acts ch. 301, subtit. 99, sec. 3, effective June 18, 1970. -- Created 1958 Ky. Acts ch. 145, sec. 8, effective June 19, 1958.

KRS 303.390 Repealed, 1970

303.390. Repealed, 1970 Catchline at repeal: Dissolution or liquidation. History: Repealed 1970 Ky. Acts ch. 301, subtit. 99, sec. 3, effective June 18, 1970. -- Created 1958 Ky. Acts ch. 145, sec. 9, effective June 19, 1958.

KRS 303.400 Repealed, 1970

303.400. Repealed, 1970 Catchline at repeal: Regulation of agents; exemption from application of other insurance laws. History: Repealed 1970 Ky. Acts ch. 301, subtit. 99, sec. 3, effective June 18, 1970. -- Created 1958 Ky. Acts ch. 145, sec. 10, effective June 19, 1958.

KRS 303.990 Penalties

303.990. Penalties Any burial association that fails to comply with the provisions of KRS 303.100 to 303.110 or KRS 303.130 to 303.150 shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500). Each day it engages in business without complying with such provisions shall be a separate offense, and the issuance of any policy or the enforcement of any bylaw in violation of KRS 303.100 to 303.110 or KRS 303.130 to 303.150 shall be a separate offense. Effective: June 16, 1972 History: Amended 1972 Ky. Acts ch. 203, sec. 51, effective June 16, 1972. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 199a-19.
Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38681Fetched: 10/20/2026

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