Seller report to board required, contents--fee--filing of reports.
436.460. 1. Each seller shall file an annual report with the boardwhich shall contain the following information:
(1) The contract number of each preneed* contract sold since thefiling of the last report with an indication of, and whether it is fundedby a trust, insurance or joint account;
(2) The total number and total face value of preneed contracts soldsince the filing of the last report;
(3) The contract amount of each preneed contract sold since thefiling of the last report, identified by contract;
(4) The name, address, and license number of all preneed agentsauthorized 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 whetherit is funded by a trust, insurance or joint account of all Missouri preneedcontracts fulfilled, cancelled or transferred by the seller during thepreceding calendar year;
(7) The name and address of each provider with whom it is undercontract;
(8) The name and address of the person designated by the seller ascustodian of the seller's books and records relating to the sale of preneedcontracts;
(9) Written consent authorizing the board to order an investigation,examination and, if necessary, an audit of any joint or trust accountestablished under sections 436.400 to 436.520, designated by depository oraccount number;
(10) Written consent authorizing the board to order an investigation,examination and if necessary an audit of its books and records relating tothe sale of preneed contracts; and
(11) Certification under oath that the report is complete and correctattested to by an officer of the seller. The seller or officer shall besubject to the penalty of making a false affidavit or declaration.
2. A seller that sells or has sold trust-funded preneed contractsshall also include in the annual report required by subsection 1** of thissection:
(1) The name and address of the financial institution in which itmaintains a preneed trust account and the account numbers of such trustaccounts;
(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 theprevious report;
(5) Total trust earnings and total distributions to the seller sincethe previous report;
(6) Authorization of the board to request from the trustee a copy ofany trust statement, as part of an investigation, examination or audit ofthe preneed seller;
(7) Total expenses, excluding distributions to the seller, since theprevious report; and
(8) Certification under oath that the information required bysubdivisions (1) to (7) of this subsection is complete and correct andattested to by a corporate officer of the trustee. The trustee shall besubject to the penalty of making a false affidavit or declaration.
3. A seller that sells or who has sold joint account-funded preneedcontracts shall also include in the annual report required by subsection 1of this section:
(1) The name and address of the financial institution in Missouri inwhich it maintains the joint account and the account numbers for each jointaccount;
(2) The amount on deposit in each joint account;
(3) The joint account balance as reported in the previous year'sreport;
(4) Principal contributions placed into each joint account since thefiling of the previous report;
(5) Total earnings since the previous report;
(6) Total distributions to the seller from each joint account sincethe previous report;
(7) Total expenses deducted from the joint account, excludingdistributions to the seller, since the previous report; and
(8) Certification under oath that the information required bysubdivisions (1) to (7) of this subsection is complete and correct andattested to by an authorized representative of the financial institution.The affiant shall be subject to the penalty of making a false affidavit ordeclaration.
4. A seller that sells or who has sold any insurance-funded preneedcontracts shall also include in the annual report required by subsection 1of this section:
(1) The name and address of each insurance company issuing insuranceto 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 contractand the date the amount was forwarded to any insurance company; and
(4) Certification under oath that the information required bysubsections 1 to 3 of this section is complete and correct attested to byan authorized representative of the insurer. The affiant shall be subjectto the penalty of making a false affidavit or declaration.
5. Each seller shall remit an annual reporting fee in an amountestablished by the board by rule for each preneed contract sold in the yearsince the date the seller filed its last annual report with the board.This reporting fee shall be paid annually and may be collected from thepurchaser of the preneed contract as an additional charge or remitted tothe board from the funds of the seller. The reporting fee shall be inaddition to any other fees authorized under sections 436.400 to 436.520.
6. All reports required by this section shall be filed by thethirty-first day of October of each year or by the date established by theboard by rule. Annual reports filed after the date provided herein shallbe 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 duedate, his or her preneed seller license shall automatically be suspendeduntil such time as the annual report is filed and all applicable fees havebeen paid.
8. This section shall apply to contracts entered into before August28, 2009.
Seller report to board required, contents--fee--filing of reports.
436.460. 1. Each seller shall file an annual report with the boardwhich shall contain the following information:
(1) The contract number of each preneed* contract sold since thefiling of the last report with an indication of, and whether it is fundedby a trust, insurance or joint account;
(2) The total number and total face value of preneed contracts soldsince the filing of the last report;
(3) The contract amount of each preneed contract sold since thefiling of the last report, identified by contract;
(4) The name, address, and license number of all preneed agentsauthorized 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 whetherit is funded by a trust, insurance or joint account of all Missouri preneedcontracts fulfilled, cancelled or transferred by the seller during thepreceding calendar year;
(7) The name and address of each provider with whom it is undercontract;
(8) The name and address of the person designated by the seller ascustodian of the seller's books and records relating to the sale of preneedcontracts;
(9) Written consent authorizing the board to order an investigation,examination and, if necessary, an audit of any joint or trust accountestablished under sections 436.400 to 436.520, designated by depository oraccount number;
(10) Written consent authorizing the board to order an investigation,examination and if necessary an audit of its books and records relating tothe sale of preneed contracts; and
(11) Certification under oath that the report is complete and correctattested to by an officer of the seller. The seller or officer shall besubject to the penalty of making a false affidavit or declaration.
2. A seller that sells or has sold trust-funded preneed contractsshall also include in the annual report required by subsection 1** of thissection:
(1) The name and address of the financial institution in which itmaintains a preneed trust account and the account numbers of such trustaccounts;
(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 theprevious report;
(5) Total trust earnings and total distributions to the seller sincethe previous report;
(6) Authorization of the board to request from the trustee a copy ofany trust statement, as part of an investigation, examination or audit ofthe preneed seller;
(7) Total expenses, excluding distributions to the seller, since theprevious report; and
(8) Certification under oath that the information required bysubdivisions (1) to (7) of this subsection is complete and correct andattested to by a corporate officer of the trustee. The trustee shall besubject to the penalty of making a false affidavit or declaration.
3. A seller that sells or who has sold joint account-funded preneedcontracts shall also include in the annual report required by subsection 1of this section:
(1) The name and address of the financial institution in Missouri inwhich it maintains the joint account and the account numbers for each jointaccount;
(2) The amount on deposit in each joint account;
(3) The joint account balance as reported in the previous year'sreport;
(4) Principal contributions placed into each joint account since thefiling of the previous report;
(5) Total earnings since the previous report;
(6) Total distributions to the seller from each joint account sincethe previous report;
(7) Total expenses deducted from the joint account, excludingdistributions to the seller, since the previous report; and
(8) Certification under oath that the information required bysubdivisions (1) to (7) of this subsection is complete and correct andattested to by an authorized representative of the financial institution.The affiant shall be subject to the penalty of making a false affidavit ordeclaration.
4. A seller that sells or who has sold any insurance-funded preneedcontracts shall also include in the annual report required by subsection 1of this section:
(1) The name and address of each insurance company issuing insuranceto 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 contractand the date the amount was forwarded to any insurance company; and
(4) Certification under oath that the information required bysubsections 1 to 3 of this section is complete and correct attested to byan authorized representative of the insurer. The affiant shall be subjectto the penalty of making a false affidavit or declaration.
5. Each seller shall remit an annual reporting fee in an amountestablished by the board by rule for each preneed contract sold in the yearsince the date the seller filed its last annual report with the board.This reporting fee shall be paid annually and may be collected from thepurchaser of the preneed contract as an additional charge or remitted tothe board from the funds of the seller. The reporting fee shall be inaddition to any other fees authorized under sections 436.400 to 436.520.
6. All reports required by this section shall be filed by thethirty-first day of October of each year or by the date established by theboard by rule. Annual reports filed after the date provided herein shallbe 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 duedate, his or her preneed seller license shall automatically be suspendeduntil such time as the annual report is filed and all applicable fees havebeen paid.
8. This section shall apply to contracts entered into before August28, 2009.
Seller report to board required, contents--fee--filing of reports.
436.460. 1. Each seller shall file an annual report with the boardwhich shall contain the following information:
(1) The contract number of each preneed* contract sold since thefiling of the last report with an indication of, and whether it is fundedby a trust, insurance or joint account;
(2) The total number and total face value of preneed contracts soldsince the filing of the last report;
(3) The contract amount of each preneed contract sold since thefiling of the last report, identified by contract;
(4) The name, address, and license number of all preneed agentsauthorized 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 whetherit is funded by a trust, insurance or joint account of all Missouri preneedcontracts fulfilled, cancelled or transferred by the seller during thepreceding calendar year;
(7) The name and address of each provider with whom it is undercontract;
(8) The name and address of the person designated by the seller ascustodian of the seller's books and records relating to the sale of preneedcontracts;
(9) Written consent authorizing the board to order an investigation,examination and, if necessary, an audit of any joint or trust accountestablished under sections 436.400 to 436.520, designated by depository oraccount number;
(10) Written consent authorizing the board to order an investigation,examination and if necessary an audit of its books and records relating tothe sale of preneed contracts; and
(11) Certification under oath that the report is complete and correctattested to by an officer of the seller. The seller or officer shall besubject to the penalty of making a false affidavit or declaration.
2. A seller that sells or has sold trust-funded preneed contractsshall also include in the annual report required by subsection 1** of thissection:
(1) The name and address of the financial institution in which itmaintains a preneed trust account and the account numbers of such trustaccounts;
(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 theprevious report;
(5) Total trust earnings and total distributions to the seller sincethe previous report;
(6) Authorization of the board to request from the trustee a copy ofany trust statement, as part of an investigation, examination or audit ofthe preneed seller;
(7) Total expenses, excluding distributions to the seller, since theprevious report; and
(8) Certification under oath that the information required bysubdivisions (1) to (7) of this subsection is complete and correct andattested to by a corporate officer of the trustee. The trustee shall besubject to the penalty of making a false affidavit or declaration.
3. A seller that sells or who has sold joint account-funded preneedcontracts shall also include in the annual report required by subsection 1of this section:
(1) The name and address of the financial institution in Missouri inwhich it maintains the joint account and the account numbers for each jointaccount;
(2) The amount on deposit in each joint account;
(3) The joint account balance as reported in the previous year'sreport;
(4) Principal contributions placed into each joint account since thefiling of the previous report;
(5) Total earnings since the previous report;
(6) Total distributions to the seller from each joint account sincethe previous report;
(7) Total expenses deducted from the joint account, excludingdistributions to the seller, since the previous report; and
(8) Certification under oath that the information required bysubdivisions (1) to (7) of this subsection is complete and correct andattested to by an authorized representative of the financial institution.The affiant shall be subject to the penalty of making a false affidavit ordeclaration.
4. A seller that sells or who has sold any insurance-funded preneedcontracts shall also include in the annual report required by subsection 1of this section:
(1) The name and address of each insurance company issuing insuranceto 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 contractand the date the amount was forwarded to any insurance company; and
(4) Certification under oath that the information required bysubsections 1 to 3 of this section is complete and correct attested to byan authorized representative of the insurer. The affiant shall be subjectto the penalty of making a false affidavit or declaration.
5. Each seller shall remit an annual reporting fee in an amountestablished by the board by rule for each preneed contract sold in the yearsince the date the seller filed its last annual report with the board.This reporting fee shall be paid annually and may be collected from thepurchaser of the preneed contract as an additional charge or remitted tothe board from the funds of the seller. The reporting fee shall be inaddition to any other fees authorized under sections 436.400 to 436.520.
6. All reports required by this section shall be filed by thethirty-first day of October of each year or by the date established by theboard by rule. Annual reports filed after the date provided herein shallbe 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 duedate, his or her preneed seller license shall automatically be suspendeduntil such time as the annual report is filed and all applicable fees havebeen paid.
8. This section shall apply to contracts entered into before August28, 2009.
