Section 1274 - Inability to Perform(a) If, for any reason, a licensed funeral establishment or licensed funeral director is unable to perform the funeral services prior to or upon the death of the beneficiary of a preneed trust agreement, then the trustees shall pay all trust corpus and net income to the beneficiary, trustor, or the legal representative of either the beneficiary or trustor without the imposition of any revocation charge.(b) If a funeral establishment intends to cease engaging in business operations by reason of dissolution, closure, sale, or revocation, without a transfer of preneed funeral agreements to a licensed successor funeral establishment, it shall complete bureau form 12-PACE (New 1/23), Notice of Cancellation of Preneed Funeral Contract or Agreement, which is hereby incorporated by reference and provide the completed form to each consumer as set forth in Section 1267.1(b) by regular mail to the last known address provided by the consumer to the funeral establishment.(c) If a funeral establishment intends to cease engaging in business operations by reason of dissolution, closure, sale, or revocation, and the preneed agreements are being transferred to a licensed successor funeral establishment, it shall complete bureau form 12-PASFD (New 1/23), Notice of Transfer of Preneed Contract or Agreement to Successor Funeral Establishment, which is hereby incorporated by reference, and provide the completed form to each consumer set forth in Section 1267.1(a)(1) by regular mail to the last known address provided by the consumer to the funeral establishment.Cal. Code Regs. Tit. 16, § 1274
1. Renumbering from Section 1267 filed 2-25-72; effective thirtieth day thereafter (Register 72, No. 9).
2. Repealer and new section filed 6-17-77; effective thirtieth day thereafter (Register 77, No. 25).
3. Amendment filed 7-3-86; effective thirtieth day thereafter (Register 86, No. 27).
4. Amendment filed 10-31-97; operative 11-30-97 (Register 97, No. 44).
5. Amendment of section and NOTE filed 2-9-2023; operative 2-9-2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 6). Note: Authority cited: Sections 7606 and 7740, Business and Professions Code. Reference: Sections 7737, 7737.1, 7737.2 and 7740, Business and Professions Code.
1. Renumbering from Section 1267 filed 2-25-72; effective thirtieth day thereafter (Register 72, No. 9).
2. Repealer and new section filed 6-17-77; effective thirtieth day thereafter (Register 77, No. 25).
3. Amendment filed 7-3-86; effective thirtieth day thereafter (Register 86, No. 27).
4. Amendment filed 10-31-97; operative 11-30-97 (Register 97, No. 44).
5. Amendment of section and Note filed 2-9-2023; operative 2/9/2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 6).