Section 436.465 – Record-keeping requirements of seller.
Effective – 28 Aug 2009 436.465. Record-keeping requirements of seller. — A seller shall maintain: (1) Adequate records of all preneed contracts and related agreements with providers, trustees of a preneed trust, and financial institutions holding a joint account established under sections 436.400 to 436.520; (2) Records of preneed contracts, including financial institution statements and […]
Section 436.470 – Complaint procedure — violation, attorney general may file court action.
Effective – 28 Aug 2009 436.470. Complaint procedure — violation, attorney general may file court action. — 1. Any person may file a complaint with the board to notify the board of an alleged violation of this chapter. The board shall investigate each such complaint. 2. The board shall have authority to conduct inspections and […]
Section 436.480 – Death or incapacity of purchaser, transfer of rights and remedies, to whom.
Effective – 28 Aug 2009 436.480. Death or incapacity of purchaser, transfer of rights and remedies, to whom. — Upon the death or legal incapacity of a purchaser, all rights and remedies granted to the purchaser under sections 436.400 to 436.520 shall be enforceable by and accrue to the benefit of the purchaser’s legal representative […]
Section 436.485 – Violations, penalties.
Effective – 01 Jan 2017, 2 histories 436.485. Violations, penalties. — 1. Any person, including the officers, directors, partners, agents, or employees of such person, who shall knowingly and willfully violate or assist or enable any person to violate any provision of sections 436.400 to 436.520 by incompetence, misconduct, gross negligence, fraud, misrepresentation, or dishonesty […]
Section 436.490 – Sale of business assets of provider — report to board required, contents.
Effective – 28 Aug 2009 436.490. Sale of business assets of provider — report to board required, contents. — 1. A provider that intends to sell or otherwise dispose of all or a majority of its business assets, or its stock if a corporation, shall notify the board at least sixty days prior to selling […]
Section 436.410 – Applicability exceptions.
Effective – 28 Aug 2009 436.410. Applicability exceptions. — The provisions of sections 436.400 to 436.520 shall not apply to any contract or other arrangement sold by a cemetery operator for which payments received by or on behalf of the purchaser are required to be placed in an endowed care fund or for which a […]
Section 436.412 – Violations, disciplinary actions authorized — governing law for contracts.
Effective – 28 Aug 2011, 2 histories 436.412. Violations, disciplinary actions authorized — governing law for contracts. — Each preneed contract made before August 28, 2009, and all payments and disbursements under such contract shall continue to be governed by this chapter as the chapter existed at the time the contract was made. Any licensee […]
Section 436.415 – Provision of certain services required by provider — seller’s duties.
Effective – 28 Aug 2009 436.415. Provision of certain services required by provider — seller’s duties. — 1. Except as otherwise provided in sections 436.400 to 436.520, the provider designated in a preneed contract shall be obligated to provide final disposition, funeral or burial services and facilities, and funeral merchandise as described in the preneed […]
Section 436.420 – Written contract required, contents — notification to board of provider authorization — seller to provide copy of contract to board upon request.
Effective – 28 Aug 2009 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 […]
Section 436.425 – Contract form, requirements — voidability of contract — waiver of contract benefits for public assistance recipients.
Effective – 28 Aug 2009 436.425. Contract form, requirements — voidability of contract — waiver of contract benefits for public assistance recipients. — 1. All preneed contracts shall be sequentially numbered and in writing and in a font type and size that are easily read, and shall clearly and conspicuously: (1) Include the name, address […]