chapter 436

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One criticism of Missouri’s prior preneed law was that the Attorney General’s office was dependent upon the State Board to refer complaints for legal enforcement. If the State Board didn’t refer a Chapter 436 violation, the AG’s only enforcement alternative was to pursue an action under Missouri’s Merchandising Practices Act (Chapter 407). During the 2008…

Missouri will look to a combination of licensing fees from preneed sellers, providers and agents to fund a portion of the projected costs of preneed oversight under SB1. But, most of SB1’s enforcement price will be funded by the $36 to be charged for each preneed contract sold. The ‘per contract’ fee is not new…

The first week under the new preneed law was a confusing one for the Missouri funeral industry. SB1 has many drafting conflicts and ambiguities, and that has give rise to different interpretations from the Attorney General’s Office, the State Board of Embalmers and Funeral Directors, and the death care industry.

The State Board and the…

As its first step in educating the preneed industry about SB1’s requirements, the Missouri State Board of Embalmers and Funeral Directors posted the Top 12 Changes to Missouri’s Pre-Need Law to its website. However, I had trouble getting past No. 2. The explanation about fiduciary reimbursements of sales expense on Pre-SB1 sales sent me back…

For the past fifteen years or so, Missouri cemeteries could sell markers and memorials on a preneed basis without making delivery of the marker, or depositing purchaser payments into a trust. RSMo. Section 214.387 authorized cemeteries to use a segregated account to hold an amount equal to 110% of the marker’s wholesale cost. If the…

Missouri’s Chapter 436 reform law goes into effect on August 28th, and the Missouri State Board of Embalmers and Funeral Directors will have the responsibility of implementing the new changes. However, the State Board is caught in a Catch 22 situation.

Many of the changes will have to be implemented through regulations, but the Board…

My kids hate August because it means its time to head back to school.  This year’s student population in Missouri will be a little larger than last year’s.  The Missouri State Board of Embalmers and Funeral Directors has released its meeting agenda, and the state’s preneed industry will be given four crash courses beginning July 30th. 

Generally, freshman orientation…