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 436.455 – Joint account-funded preneed contract requirements.
Effective – 28 Aug 2011, 2 histories 436.455. Joint account-funded preneed contract requirements. — 1. A joint account-funded preneed contract shall comply with sections 436.400 to 436.520 and the specific requirements of this section. 2. In lieu of a trust-funded or insurance-funded preneed contract, the seller and the purchaser may agree in writing that all […]
Section 436.456 – Cancellation of contract, when, procedure.
Effective – 28 Aug 2011, 2 histories 436.456. Cancellation of contract, when, procedure. — At any time before final disposition, or before the funeral or burial services, facilities, or merchandise described in a preneed contract are furnished, the purchaser may cancel the contract, if designated as revocable, without cause. In order to cancel the contract […]
Section 436.457 – Seller’s right to cancel, when, procedure.
Effective – 28 Aug 2009 436.457. Seller’s right to cancel, when, procedure. — 1. A seller shall have the right to cancel a trust-funded or joint-account funded preneed contract if the purchaser is in default of any installment payment for over sixty days. 2. Prior to cancelling the contract, the seller shall notify the purchaser […]
Section 436.458 – Alternative provider permitted, when.
Effective – 28 Aug 2009 436.458. Alternative provider permitted, when. — 1. A purchaser may select an alternative provider as the designated provider under the original contract if the purchaser notifies the seller and original provider in writing of the purchaser’s intent, stating the name of the alternative provider and the alternative provider consents to […]
Section 436.460 – Seller report to board required, contents — fee — filing of reports.
Effective – 28 Aug 2009 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 […]
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 […]