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Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS

Chapter 436

Effective - 28 Aug 2009 bottom

  436.460.  Seller report to board required, contents — fee — filing of reports. — 1.  Each seller shall file an annual report with the board which shall contain the following information:

  (1)  The contract number of each preneed* contract sold since the filing of the last report with an indication of, and whether it is funded by a trust, insurance or joint account;

  (2)  The total number and total face value of preneed contracts sold since the filing of the last report;

  (3)  The contract amount of each preneed contract sold since the filing of the last report, identified by contract;

  (4)  The name, address, and license number of all preneed agents authorized to sell preneed contracts on behalf of the seller;

  (5)  The date the report is submitted and the date of the last report;

  (6)  The list including the name, address, contract number and whether it is funded by a trust, insurance or joint account of all Missouri preneed contracts fulfilled, cancelled or transferred by the seller during the preceding calendar year;

  (7)  The name and address of each provider with whom it is under contract;

  (8)  The name and address of the person designated by the seller as custodian of the seller's books and records relating to the sale of preneed contracts;

  (9)  Written consent authorizing the board to order an investigation, examination and, if necessary, an audit of any joint or trust account established under sections 436.400 to 436.520, designated by depository or account number;

  (10)  Written consent authorizing the board to order an investigation, examination and if necessary an audit of its books and records relating to the sale of preneed contracts; and

  (11)  Certification under oath that the report is complete and correct attested to by an officer of the seller.  The seller or officer shall be subject to the penalty of making a false affidavit or declaration.

  2.  A seller that sells or has sold trust-funded preneed contracts shall also include in the annual report required by subsection 1** of this section:

  (1)  The name and address of the financial institution in which it maintains a preneed trust account and the account numbers of such trust accounts;

  (2)  The trust fund balance as reported in the previous year's report;

  (3)  The current face value of the trust fund;

  (4)  Principal contributions received by the trustee since the previous report;

  (5)  Total trust earnings and total distributions to the seller since the previous report;

  (6)  Authorization of the board to request from the trustee a copy of any trust statement, as part of an investigation, examination or audit of the preneed seller;

  (7)  Total expenses, excluding distributions to the seller, since the previous report; and

  (8)  Certification under oath that the information required by subdivisions (1) to (7) of this subsection is complete and correct and attested to by a corporate officer of the trustee.  The trustee shall be subject to the penalty of making a false affidavit or declaration.

  3.  A seller that sells or who has sold joint account-funded preneed contracts shall also include in the annual report required by subsection 1 of this section:

  (1)  The name and address of the financial institution in Missouri in which it maintains the joint account and the account numbers for each joint account;

  (2)  The amount on deposit in each joint account;

  (3)  The joint account balance as reported in the previous year's report;

  (4)  Principal contributions placed into each joint account since the filing of the previous report;

  (5)  Total earnings since the previous report;

  (6)  Total distributions to the seller from each joint account since the previous report;

  (7)  Total expenses deducted from the joint account, excluding distributions to the seller, since the previous report; and

  (8)  Certification under oath that the information required by subdivisions (1) to (7) of this subsection is complete and correct and attested to by an authorized representative of the financial institution.  The affiant shall be subject to the penalty of making a false affidavit or declaration.

  4.  A seller that sells or who has sold any insurance-funded preneed contracts shall also include in the annual report required by subsection 1 of this section:

  (1)  The name and address of each insurance company issuing insurance to fund a preneed contract sold by the seller during the preceding year;

  (2)  The status and total face value of each policy;

  (3)  The amount of funds the seller directly received on each contract and the date the amount was forwarded to any insurance company; and

  (4)  Certification under oath that the information required by subsections 1 to 3 of this section is complete and correct attested to by an authorized representative of the insurer.  The affiant shall be subject to the penalty of making a false affidavit or declaration.

  5.  Each seller shall remit an annual reporting fee in an amount established by the board by rule for each preneed contract sold in the year since the date the seller filed its last annual report with the board.  This reporting fee shall be paid annually and may be collected from the purchaser of the preneed contract as an additional charge or remitted to the board from the funds of the seller.  The reporting fee shall be in addition to any other fees authorized under sections 436.400 to 436.520.

  6.  All reports required by this section shall be filed by the thirty-first day of October of each year or by the date established by the board by rule.  Annual reports filed after the date provided herein shall be subject to a late fee in an amount established by rule of the board.

  7.  If a seller fails to file the annual report on or before its due date, his or her preneed seller license shall automatically be suspended until such time as the annual report is filed and all applicable fees have been paid.

  8.  This section shall apply to contracts entered into before August 28, 2009.

­­--------

(L. 2009 S.B. 1)

*Word "preened" appears in original rolls.

**Words "section 1" appear in original rolls.


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

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