HRS §441-38
Money that must go to the cemetery trust fund
This section says when a cemetery or funeral business must put money into a trust fund for care or pre-need services. It sets the minimum amounts and deadlines for those payments. It also explains how much of a pre-need payment must be set aside.
The statute, as written — Contributions and payments to the trustee
(a) A cemetery authority may take, receive, and transfer to the trustee as a part of or incident to the perpetual care fund any property, real, personal, or mixed, bequeathed, devised, granted, given, or otherwise contributed to it for perpetual care purposes and shall transfer to the trustee the amount stipulated in the contract or deed as being for perpetual care purposes for each plot, niche, or mausoleum crypt sold or disposed of, but not less than: (1) $1 per square foot of interment space; (2) $50 for each mausoleum crypt; (3) $15 for each niche. Such transfer shall be made not later than thirty days after the receipt of the final payment of the purchase price of each plot, niche, or crypt sold as property entitled to perpetual care. (b) A cemetery or pre-need funeral authority may take and receive, but shall transfer to the trustee as part of or incident to the pre-need trust, all payments received after the recovery of acquisition costs, which shall be the lesser of thirty per cent of the contract price or the difference between the contract price and the cost of the pre-need interment or pre-need funeral services contracted to be provided. The transfer shall be made not later than thirty days after receipt of payment from the purchaser and shall be immediately deposited in the trust.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.