The final section of the Missouri preneed seller record rule will likely draw criticism from the industry:
The standards set forth in this rule are stated only as minimum standards. Each seller may maintain any records in addition to those set forth in this rule. In addition, if the board determines that it is unable to fulfill its statutory duties from the records maintained by any seller, the board may request records in addition to those listed in this rule so as to complete its statutory duties.
The section seems to be acknowledging that sellers, and their funding agents, will likely create and maintain preneed records that go beyond the regulation’s requirements. And, if the Board cannot determine compliance with Chapter 436 based on the ‘adequate records’ required by the rule, the Board may request the records that go beyond the rule’s requirements. The challenge that may be made is whether this section is an attempt to empower the Board to require a seller to create and maintain records that have yet to be defined. It is foreseeable that the Board may need records regarding trust allocations or insurance payouts on non-guaranteed contracts. Whether this section could be an overreach by the Board will depend on the facts and circumstances.