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 436.465 – 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 436.425 – 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 […]
Section 436.430 – Trust-funded preneed contract requirements.
Effective – 28 Aug 2009 436.430. Trust-funded preneed contract requirements. — 1. A trust-funded guaranteed preneed contract shall comply with sections 436.400 to 436.520 and the specific requirements of this section. 2. A seller must deposit all payments received on a preneed contract into the designated preneed trust within sixty days of receipt of the […]
Section 436.435 – Compliance of contracts entered into prior to effective date — investment of trust property and assets — loans against assets prohibited.
Effective – 28 Aug 2009 436.435. Compliance of contracts entered into prior to effective date — investment of trust property and assets — loans against assets prohibited. — 1. To the extent that any provisions in this chapter which come into effect on August 28, 2009, apply to trusts governed under this chapter which are […]
Section 436.440 – Provisions applicable to all preneed trusts.
Effective – 28 Aug 2009 436.440. Provisions applicable to all preneed trusts. — 1. The provisions of this section shall apply to all preneed trusts, including trusts established before August 28, 2009. 2. A preneed trustee may delegate to an agent duties and powers that a prudent trustee of comparable skills would reasonably delegate under […]