Okla. Stat. tit. 36 § 6124.1

Current through Laws 2024, c. 453.

Section 6124.1 - Transfer of prepaid funeral benefit permits - Notification - Application

A. No prepaid funeral benefit permit shall be transferable from one organization to another except as provided in this section. The selling organization shall notify the Insurance Commissioner at least forty-five (45) days prior to transfer of ownership. Notification shall be in a form provided by the Insurance Commissioner and shall contain at a minimum the following information:

1. The name of the acquiring organization;

2. The date the acquiring organization will take control of the funeral establishment;

3. A listing of all unrealized prepaid funeral benefit contracts funded by insurance assignments;

4. A listing of all unrealized prepaid funeral benefit contracts funded by trusts;

5. A detailed description of existing trusts to include, but not be limited to, the name of the contract holder and the trust value per contract; and

6. Any other information the Insurance Commissioner may request.

B. The Insurance Commissioner may waive the notice requirement provided for in subsection A of this section upon good cause shown.

C. The acquiring organization shall make application for a permit at least thirty (30) days prior to the transfer of ownership. Approval is contingent upon the organization receiving an establishment license as provided for in Sections 395.1 through 396.33 of Title 59 of the Oklahoma Statutes. The application shall include an assumption agreement executed by the acquiring organization in a form provided by the Insurance Commissioner.

D. The acquiring organization shall be issued a prepaid funeral benefit permit prior to the relinquishment of control of the trust by the selling organization. The acquiring organization shall not access funds held in the trust until authorization has been given by the Insurance Commissioner.

E. Upon good cause shown, the Insurance Commissioner may deny transfer of the trust from the selling organization to the acquiring organization.

F. The Insurance Commissioner may assume the role of acting trust conservator as a means of safeguarding the rights and interests of the individual contract holders or purchasers, their beneficiaries, successors, or personal representatives, or whenever necessary to protect the public welfare. The organization may make application to the Insurance Commissioner to draw down funds upon fulfillment of the prepaid funeral service contract.

G. Whenever a prepaid funeral benefit permit holder refuses to submit the books, records, papers and instruments of the prepaid funeral benefit contracts to the examination and inspection of the assistants or examiners of the Insurance Commissioner, or refuses or neglects to establish or maintain a prepaid funeral benefit permit in accordance with the requirements of the Prepaid Funeral Benefits Act within ninety (90) days after a written demand to establish or maintain a prepaid funeral benefit permit is made by the Commissioner, or in any manner obstructs or interferes with the examination of its prepaid funeral benefit contracts or refuses to be examined on oath concerning any of the affairs of its prepaid funeral benefit contracts, or for any other grounds listed in Article 18 or 19 of this title, the Commissioner may make application for receivership in the manner of a domestic insurer or take any other action pursuant to Articles 18 and 19, Sections 1901 through 1920 of this title.

H. The Insurance Commissioner may prescribe rules concerning matters incidental to this section.

I. For the purposes of Sections 6121 through 6136.18 of this title, "personal representative" means the person or persons designated by the purchaser of the contract for prepaid funeral benefits as having rights of ownership and control to the prepaid funds upon death of the purchaser; the guardian, executor, or the personal representative of the estate of the purchaser; or the claiming successor or successors establishing lawful right to the prepaid funds in accordance with Section 393 of Title 58 of the Oklahoma Statutes.

Okla. Stat. tit. 36, § 6124.1

Amended by Laws 2024 , c. 345, s. 15, eff. 11/1/2024.

Amended by Laws 2016 , c. 118, s. 1, eff. 11/1/2016.

Added by Laws 2009 , SB 1231, c. 294, §4, eff. 11/1/2009.