Section 436.005

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS

Chapter 436

Effective - 28 Aug 2008, 2 histories, see footnote   (history) 

  436.005.  Definitions. — As used in sections 436.005 to 436.071, unless the context otherwise requires, the following terms shall mean:

  (1) "Beneficiary", the individual who is to be the subject of the disposition and who will receive funeral services, facilities or merchandise described in a preneed contract;

  (2) "Division", the division of professional registration;

  (3) "Funeral merchandise", caskets, grave vaults, or receptacles, and other personal property incidental to a funeral or burial service, and such term shall also include grave lots, grave space, grave markers, monuments, tombstones, crypts, niches or mausoleums if, but only if, such items are sold:

  (a) By a companion agreement which is sold in contemplation of trade or barter for grave vaults or funeral or burial services and funeral merchandise; or

  (b) At prices, in excess of prevailing market prices, intended to be offset by reductions in the costs of funeral or burial services or facilities which are not immediately required;

  (4) "Person", any individual, partnership, corporation, cooperative, association, or other entity;

  (5) "Preneed contract", any contract or other arrangement which requires the current payment of money or other property in consideration for the final disposition of a dead human body, or for funeral or burial services or facilities, or for funeral merchandise, where such disposition, services, facilities or merchandise are not immediately required, including, but not limited to, an agreement providing for a membership fee or any other fee having as its purpose the furnishing of burial or funeral services or merchandise at a discount, except for contracts of insurance, including payment of proceeds from contracts of insurance, unless the preneed seller or provider is named as the owner or beneficiary in the contract of insurance;

  (6) "Preneed trust", a trust established by a seller, as grantor, to receive deposits of, administer, and disburse payments received under preneed contracts by such seller, together with income thereon;

  (7) "Provider", the person obligated to provide the disposition and funeral services, facilities, or merchandise described in a preneed contract;

  (8) "Purchaser", the person who is obligated to make payments under a preneed contract;

  (9) "Seller", the person who sells a preneed contract to a purchaser and who is obligated to collect and administer all payments made under such preneed contract;

  (10) "State board", the Missouri state board of embalmers and funeral directors;

  (11) "Trustee", the trustee of a preneed trust, including successor trustees.

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(L. 1982 S.B. 644 § 1, A.L. 1985 H.B. 627, A.L. 1988 S.B. 430, A.L. 2008 S.B. 788)