Section 30-4-5.5-1 - Remedies by attorney general against certain trustees and other individuals(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.(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: (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):(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.As added by P.L. 245-2005, SEC.8. Amended by P.L. 61-2008, SEC.15.