436.420. Written contract required, contents--notification to board of provider authorization--seller to provide copy of contract to board upon request.

MISSOURI STATUTES AND CODES

436.420. Written contract required, contents--notification to board of provider authorization--seller to provide copy of contract to board upon request.

Written contract required, contents--notification to board of providerauthorization--seller to provide copy of contract to board uponrequest.

436.420. 1. No person shall be designated as a provider in a preneedcontract unless the provider has a written contractual agreement with theseller. Any seller who designates a person as a provider in a preneedcontract without a contractual relationship with such person is inviolation of the provisions of sections 436.400 to 436.520. No contract isrequired if the seller and provider are the same legal entity.

2. The written agreement required by this section shall include:

(1) Written consent from the provider authorizing the seller todesignate or obligate the provider under a preneed contract;

(2) Procedures for tracking preneed contract funds or paymentsreceived by the provider and for remitting such funds or payments to theseller, including the time period authorized by the seller for theremittance of funds and payments; and

(3) The signatures of the seller and the provider or their authorizedrepresentatives and the date such signatures were* obtained.

3. A provider shall notify the board within fifteen days ofauthorizing or otherwise agreeing to allow a seller to designate himself orherself as the provider under any preneed contract.

4. Upon request of the board, a seller, provider, or preneed agentshall provide a copy of any preneed contract or any contract or agreementwith a seller or provider to the board.