Mo. Code Regs. Ann. tit. 20, § 2065-2.020
Endowed Care Cemetery Converting to Nonendowed
Effective Aug 28, 2006sections 214.280.2, RSMo Supp. 1999 and 214.392, RSMo 1994.* This rule originally filed as 4 CSR 65-2.020. Original rule filed April 14, 2000, effective Oct. 30, 2000. Moved to 20 CSR 2065-2.020, effective Aug. 28, 2006. *Original authority: 214.280, RSMo 1961, amended 1994; 214.392, RSMo 1994Endowed Care Cemeteries
PURPOSE: This rule establishes procedures for endowed care cemeteries to become a nonendowed cemetery.
(1) Any endowed care cemetery that wishes to become a nonendowed cemetery shall submit a letter of intent to the office which shall include a detailed plan regarding how the cemetery will meet contractual obligations for the delivery of services entered into prior to converting to the status of a nonendowed cemetery, including but not limited to:
- (A) Plot map showing any section that contains an endowed care plot;
- (B) Affidavit ensuring that the endowed care funds will remain intact for the care and maintenance of the sections containing plots sold as endowed care;
- (C) A statement regarding how the funds will be held consistent with section 214.330, RSMo; and
- (D) Any other information requested by the office.
- (2) The office shall inform the cemetery owner/operator whether the cemetery may operate as a nonendowed cemetery. The office may require an audit of the endowed care trust funds prior to evaluating a request to convert a cemetery from endowed to nonendowed care. If the letter of intent is approved by the office, the nonendowed section shall be separately designated from the remainder of the cemetery as required by law. All sections with burial spaces previously sold as endowed care shall remain as endowed care. The endowed care fund in place at the time the cemetery is converted to nonendowed shall remain intact and be maintained pursuant to the trust requirements as 20 CSR 2065-2
set forth in sections 214.240–214.516, RSMo. If the trust funds have not been maintained in compliance with the Endowed Care Cemetery Trust Fund Law prior to conversion to a nonendowed care cemetery, the holder of the certificate of authority shall be required to make all necessary deposits to the trust fund prior to conversion to a nonendowed care cemetery.
AUTHORITY: sections 214.280.2, RSMo Supp. 1999 and 214.392, RSMo 1994.* This rule originally filed as 4 CSR 65-2.020. Original rule filed April 14, 2000, effective Oct. 30, 2000. Moved to 20 CSR 2065-2.020, effective Aug. 28, 2006. *Original authority: 214.280, RSMo 1961, amended 1994; 214.392, RSMo 1994.