PURPOSE: This rule prescribes the board’s process for the filing of annual reports and license renewal under Chapter 333 and sections 436.400 to 436.525, RSMo.

1. (1) The annual renewal date for licensed preneed sellers and preneed providers is November 1. The annual renewal date for registered preneed agents is December 1.

2. (2) For sellers—

   1. (A) Each preneed seller shall file a completed renewal and all applicable fees on or before October 31 each year. If the license is not renewed by this date the license shall expire;
   2. (B) Each preneed seller shall file a completed annual report before October 31 each year. If the report is not filed the license shall be automatically suspended until the time the completed annual report is filed and all applicable fees have been paid;

   3. (C) The seller’s report must contain the following, if applicable:

      1. 1. The number of preneed contracts sold

in the reporting year (including those written that were cancelled, fulfilled, transferred, or serviced in the same reporting year);

1. 2. If a consumer has more than one (1)

preneed contract with different preneed sellers the contract should be identified on the annual report and the per contract fee is required for each preneed contract; and

1. 3. If a consumer has one (1) preneed

contract with multiple funding sources the contract should be identified on the annual report and one (1) per contract fee is to be submitted;

1. (D) For the seller annual report, if the seller is unable to validate the status and face value of the insurance policy and unable to obtain the certification from the insurance company, the following information will meet the requirements of section 436.460.4, RSMo, for the reporting requirements for insurance funded preneed contracts:

   1. 1. The name and address of the compa-

ny issuing the policy or annuity funding the preneed;

1. 2. The amount of the policy or balance

on account at the time the preneed contract was sold; and

1. 3. An attestation from the seller that

since these accounts are funded by insurance, the seller has no ability to confirm the existence or amount of the policies or accounts;

1. (E) If the license is suspended the applicant must file the annual report and renewal and pay the delinquent fee established by the board before the license is issued; and
2. (F) If the license is not current the licensee shall not act as a preneed seller in any capacity, such as maintaining an active trust account or paying providers for fulfilled preneed contracts.

1. (3) For providers—

   1. (A) Each preneed provider shall file a completed annual report on or before October 31 each year. If the license is not renewed by this date the license shall expire;
   2. (B) If the license is not current the licensee shall not act as a preneed provider in any capacity, such as servicing preneed contracts or being named as a provider on such.

2. (4) For agents—

   1. (A) Each preneed agent shall file a completed renewal and pay the applicable fees on or before November 30 each year. If the registration is not renewed by this date the license shall expire.
3. (5) The holders of expired Missouri licenses for preneed providers, preneed sellers, and registrations for agents which are not renewed will be notified that their licenses or registrations have expired. The holder of an expired license or registration may reinstate the license or registration within two (2) years of the renewal date after the proper forms have been completed and applicable fees have been paid. Any license or registration that has not been renewed within two (2) years shall be void.

AUTHORITY: sections 333.315, 333.320, 333.325, 333.340, 436.460, and 436.520, RSMo 2016.* Emergency rule filed Sept. 24, 2009, effective Oct. 4, 2009, expired April 1, 2010. Original rule filed Sept. 24, 2009, effective April 30, 2010. Rescinded and readopted: Filed July 6, 2020, effective Jan. 30, 2021. *Original authority: 333.315, RSMo 2009; 333.320, RSMo 2009; 333.325, RSMo 2009; 333.340, RSMo 2009; 436.460, RSMo 2009; and 436.520, RSMo 2009.