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Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS

Chapter 436

previous next Effective - 28 Aug 2009bottom

  436.420.  Written contract required, contents — notification to board of provider authorization — seller to provide copy of contract to board upon request. — 1.  No person shall be designated as a provider in a preneed contract unless the provider has a written contractual agreement with the seller.  Any seller who designates a person as a provider in a preneed contract without a contractual relationship with such person is in violation of the provisions of sections 436.400 to 436.520. No contract is required if the seller and provider are the same legal entity.

  2.  The written agreement required by this section shall include:

  (1)  Written consent from the provider authorizing the seller to designate or obligate the provider under a preneed contract;

  (2)  Procedures for tracking preneed contract funds or payments received by the provider and for remitting such funds or payments to the seller, including the time period authorized by the seller for the remittance of funds and payments; and

  (3)  The signatures of the seller and the provider or their authorized representatives and the date such signatures were* obtained.

  3.  A provider shall notify the board within fifteen days of authorizing or otherwise agreeing to allow a seller to designate himself or herself as the provider under any preneed contract.

  4.  Upon request of the board, a seller, provider, or preneed agent shall provide a copy of any preneed contract or any contract or agreement with a seller or provider to the board.

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(L. 2009 S.B. 1)

*Words "signature was" appear in original rolls.


---- end of effective   28 Aug 2009 ----

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