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27-17A-41
Section 27-17A-41 Trust fund; trustee; interests of purchaser; seller. (a) Any person who receives
or collects any funds on account of a preneed contract in this state for cemetery services
or cemetery merchandise, or both, entered into after May 1, 2002, shall have the obligation
to pay over and contribute into a trust fund as hereinafter described, those amounts or proportions
of the funds as hereinafter provided. (b) Whether or not the preneed contract provides for
cemetery merchandise or cemetery services, or any combination thereof, the trust fund shall
be referred to in this section as the Cemetery Merchandise and Services Trust Fund. (c) The
trustee of the Cemetery Merchandise and Services Trust Fund shall be qualified as such within
the definition of the trustee. (d) The trustee shall take title to the property conveyed to
the Cemetery Merchandise and Services Trust Fund subject to this section. (e) The contract
purchaser shall have no interest whatsoever in, or power...
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27-17A-57
Section 27-17A-57 Jurisdiction of commissioner. The commissioner shall have the same jurisdiction
over funeral establishments, funeral directors, cemetery authorities, or third party sellers
who sell preneed contracts without a preneed certificate of authority as he or she has over
those preneed sellers who possess a preneed certificate of authority. (Act 2014-216, p. 653,
§4.)...
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27-17A-22
Section 27-17A-22 Violations and penalties. (a)(1) A person who knowingly receives payments
for a preneed contract without having a valid certificate of authority: a. Commits a Class
B felony, punishable as provided by law, as to each contract on which the payments collected
equal or exceed, in the aggregate, two thousand five hundred dollars ($2,500). b. Commits
a Class C felony, punishable as provided by law, as to each contract on which the payments
collected are between, in the aggregate, five hundred dollars ($500) and two thousand five
hundred dollars ($2,500). c. Commits a Class A misdemeanor, punishable as provided by law,
as to each contract on which the payments collected do not exceed, in the aggregate, five
hundred dollars ($500). (2) In addition to the criminal penalty imposed under subdivision
(1), upon conviction of an offense under subdivision (1), a person may not thereafter obtain
a certificate of authority or register as a preneed sales agent. (b)(1) A person who...
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27-17A-3
Section 27-17A-3 Funding of preneed contracts; premium payments; commissions; preneed seller
as beneficiary or assignee. (a) Nothing in this chapter shall be construed to prohibit the
funding of preneed contracts with multiple insurance or annuity contracts. Life insurance
and annuity contracts used to fund preneed contracts shall conform with the provisions of
this title as they relate to life insurance and annuities and shall cover not less than the
initial retail price of the preneed contract. (b) The initial premium payment for a life insurance
policy or annuity contract shall be made payable to the issuing insurance company and the
preneed seller shall remit the payment to the insurance company within 10 business days after
the insurance application is signed by the parties. If a preneed contract provides for installment
payments, each premium payment shall be made payable to the insurance company and, if collected
by the preneed seller, shall be remitted to the insurance company...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-17A-3.htm - 2K - Match Info - Similar pages
27-17A-18
Section 27-17A-18 Preneed sales agent. (a) All individuals who offer preneed contracts to the
public, or who execute preneed contracts on behalf of a certificate holder, shall be registered
with the commissioner as preneed sales agents, pursuant to this article. (b) All preneed sales
agents and funeral directors acting as preneed sales agents shall be affiliated with the certificate
holder that they are representing. (c) A certificate holder shall be responsible for the activities
of all preneed sales agents and all funeral directors acting as preneed sales agents, who
are affiliated with the certificate holder and who perform any type of preneed-related activity
on behalf of the certificate holder. In addition to the preneed sales agents and funeral directors
acting as preneed sales agents, each certificate holder shall also be subject to discipline
if its preneed sales agents or funeral directors acting as preneed sales agents violate any
provision of this article. (d) A preneed...
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8-30-1
Section 8-30-1 Definitions. The following terms shall have the following meanings: (1) BURIAL
MERCHANDISE. Any merchandise normally offered or sold by a cemetery for use in connection
with the interment, entombment, or inurnment of human remains. This includes, but is not limited
to, subterranean crypts, mausoleums, markers, and monuments, whether bronze or otherwise,
bronze plaques and vases, mausoleum spaces to be constructed, cemetery spaces to be developed,
and vaults, and also includes foundations or footings of any type. (2) BURIAL RIGHT. The right
to use a grave space, mausoleum, or columbarium for the interment, entombment, or inurnment
of human remains. (3) BURIAL SERVICE. Any service offered by a cemetery in connection with
the interment, entombment, or inurnment of human remains as described in subdivision (1) of
this section. (4) CEMETERY. Any land or structure in this state dedicated to and used, or
intended to be used, for interment of human remains. It may be either a...
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27-17-8
Section 27-17-8 Policy provisions - Furnishing of merchandise and services - Generally. There
shall be a provision that if the death of the insured or, if a vault or monument policy, the
burial of the insured occurs within the State of Alabama and within a specified distance from
an authorized funeral director or monument dealer of the insurer, the merchandise and services
provided by the policy shall be furnished by such authorized funeral director or monument
dealer upon the request of the beneficiary or other person having authority to make funeral
arrangements. (Acts 1971, No. 407, p. 707, §399.)...
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27-17A-11
Section 27-17A-11 Application for certificate; statements; issuance; expiration; transfer.
(a) An application to the commissioner for a certificate of authority shall be accompanied
by the statement and other matters described in this section in the form prescribed by the
commissioner. Annually thereafter, within six months after the end of its fiscal period, or
within an extension of time therefor, as the commissioner for good cause may grant, the person
authorized to engage in the sale of preneed contracts shall file with the commissioner a full
and true statement of his or her financial condition, transactions, and affairs, prepared
on a basis as adopted by a rule of the commissioner, as of the preceding fiscal period or
at such other time or times as the commissioner may provide by rule, together with information
and data which may be required by the commissioner. (b) The statement shall include all of
the following: (1) The types of preneed contracts proposed to be written and the...
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34-13-1
Section 34-13-1 Definitions. (a) For purposes of this chapter, the following terms shall have
the following meanings: (1) ACCREDITED SCHOOL or COLLEGE OF MORTUARY SCIENCE. A school or
college approved by the Alabama Board of Funeral Service and which maintains a course of instruction
of not less than 48 calendar weeks or four academic quarters or college terms and which gives
a course of instruction in the fundamental subjects including, but not limited to, the following:
a. Mortuary management and administration. b. Legal medicine and toxicology as it pertains
to funeral directing. c. Public health, hygiene, and sanitary science. d. Mortuary science,
to include embalming technique, in all its aspects; chemistry of embalming, color harmony;
discoloration, its causes, effects, and treatment; treatment of special cases; restorative
art; funeral management; and professional ethics. e. Anatomy and physiology. f. Chemistry,
organic and inorganic. g. Pathology. h. Bacteriology. i. Sanitation...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-13-1.htm - 16K - Match Info - Similar pages
27-15-53
Section 27-15-53 Requirements for death master file comparisons. (a) An insurer shall perform
a comparison of its insureds' in-force life insurance policies, annuity contracts, and retained
asset accounts against a death master file, to identify potential death master file matches
of its insureds. Such comparison shall be completed by January 1, 2019. Thereafter, an insurer
shall maintain a program designed to compare each such policy, contract, or account with a
death master file no less frequently than every three years, it being the intent that insurers
fashion a program that best fits their business systems while at the same time protecting
consumers by assuring reasonable checks are being performed to identify unreported deaths.
For those potential death master file matches identified as a result of a death master file
comparison, the insurer shall do all of the following: (1) Within 90 days of a death master
file match: a. Complete a commercially reasonable effort, which shall be...
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