Rule 590-3-4-.04 - Records(1) Corporate and Financial Records.Each preneed dealer required to register with the Secretary of State shall keep and maintain its business and financial records for the preneed dealer and its preneed escrow account as segregated records separate and apart from the records of any other preneed dealer, financial accounts, or business, including any other business of the preneed dealer, preneed dealer salespersons, or escrow account agent.(2) Sales Contracts. (a) Sales of burial and funeral merchandise and services by or on behalf of a preneed dealer required to register with the Secretary of State shall be made and evidenced by a written sales contract. 1. The sales contracts for each preneed dealer shall be consecutively numbered in one continuous numerical sequence.2. If the sales contract also includes items, property, or services sold by a cemetery required to be registered with the Secretary of State, the sales contracts shall be in sequential numerical order as outlined in Rule 590-3-3-.03(1) so that all sales contracts will be consecutively numbered for the entire cemetery.3. Each preneed dealer shall maintain a legible copy (photostatic or otherwise) of every executed sales contract. Said copies shall be available for inspection upon request by representatives of the Secretary of State.(b) Any additional sales to or material contractual modifications or amendments with previous purchasers shall be made pursuant to a new contract with a new contract number.(3) Sales Journal. Each preneed dealer required to register with the Secretary of State shall keep and maintain a sales journal at the preneed dealer's principal place of business. Said sales journal shall contain, at a minimum, the following items: (a) A record of each individual sales contract, indicating the sales contract number;(b) The date of execution of each specified sales contract;(c) The name of the person who purchased burial merchandise pursuant to each specified sales contract;(d) The total sales price of the merchandise subject to each specified sales contract;(e) The total amount due to the preneed escrow account(s);(f) A list of burial merchandise sold pursuant to each specified sales contract; and(g) An indication whether the contract is an at need or preneed sale.(4) Joint Sales Record. If a person, as defined by the Act, is registered with the Secretary of State both as a cemetery and as a preneed dealer, the required records regarding sales contracts and sales journal to be kept pursuant to Rules 590-3-3-.03 and 590-3-3-.04 shall be kept jointly so that there will be one sales journal with consecutively numbered sales contracts for the entire cemetery.(5) Burial Merchandise Inventory Log. (a) A log shall be kept of all delivered burial merchandise. Said log shall contain the name of the purchaser, the number of the sales contract, the date the sales contract was executed, and the date the merchandise was delivered.(b) Each item of delivered burial merchandise shall have the number of the sales contract under which it was sold affixed to it.(c) The circumstances or acts that constitute delivery for the purposes of this Rule shall be the same as those stated in Rule 590-3-4-.02 and the Act.(d) The burial merchandise inventory log shall be maintained in this state and shall be available for inspection upon request by the representatives of the Secretary of State.Ga. Comp. R. & Regs. R. 590-3-4-.04
O.C.G.A. Secs. 10-14-14, 44-3-134, 44-3-137, 44-3-139.
Original Rule entitled "Records" was filed as Emergency Rule 590-3-4-0.11-.04 on July 7, 1983; effective July 1, 1983, the date of adoption, to remain in effect for 120 days or until the effective date of a permanent Rule covering the same subject matter is adopted, as specified by the Agency.Amended: Permanent Rule of the same title adopted. Filed September 9, 1983, effective October 5, 1983, as specified by the Agency.Amended: Filed December 20, 1988; effective January 9, 1989.Repealed: New Rule, same title adopted. F. July 26, 2000; eff. August 15, 2000.Repealed: New Rule of same title adopted. F. Nov. 6, 2001; eff. Nov. 26, 2001. Repealed: New Rule of same title adopted. F. May 19, 2005; eff. June 8, 2005.