Okla. Stat. tit. 36, § 36-6121
This is the official text of Okla. Stat. tit. 36, § 36-6121, part of Oklahoma’s Stat. tit. 36, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 36,." Browse the sections below, each linked to its official government source.
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Permits required – Approval and denial of permit
Official statutory text
A. Any organization which shall offer for sale, accept money or
anything of value, or contract for prearranged or prepaid funeral
services, or funeral service merchandise as defined in the Funeral
Services Licensing Act, or for any contract providing future funeral
services or funeral merchandise at a fixed price or at a cost plus a
percentage, or at retail price less a percentage discount, or for
any special consideration of any kind to be granted or made
available to the purchaser or holder of such contract, in this
state, under any sales contract, bond, certificate or other form of
written document providing for prepaid, discounted or otherwise
specially priced funeral or burial benefits or services or funeral
merchandise to be delivered at an undetermined future date dependent
upon the death of a contracting party or other person designated by
a contracting party (hereinafter called "prepaid funeral benefits")
shall first obtain a permit from the Insurance Commissioner
authorizing the transaction of this type of business. It shall be
unlawful to offer for sale, accept money or anything of value for,
or contract for prepaid funeral benefits without a valid, current
permit.
B. The Insurance Commissioner may deny the issuance of a permit
if the organization:
1. Makes a material misstatement or misrepresentation in an
application for a permit;
2. Fraudulently or deceptively obtains or attempts to obtain a
permit for another; or
3. If any of its officers, owners, partners, directors, or
other persons responsible for the conduct of its affairs and day-to-
day operations are determined by the Commissioner to not be
Oklahoma Statutes - Title 36. Insurance Page 1137
competent, trustworthy, financially responsible, and of good
personal and business reputation and character.
C. The Insurance Commissioner may approve an application of an
organization for a permit and deny the request of the organization
to act as a trustor if the organization, or any of its officers,
owners, partners, directors, or other persons responsible for the
conduct of its affairs and day-to-day operations, does not satisfy
all qualifications. This shall not hinder an organization from
entering into contracts funded by assignments of insurance.
D. All permits issued pursuant to the provisions of this
section shall be displayed in a conspicuous place at all times on
the premises of the organization. No organization may consent to,
or allow the use or display of, the permit by a person other than
the persons authorized to represent the organization in contracting
prepaid funeral benefits.
E. The organization shall not be entitled to enforce a contract
made in violation of the act, but the purchaser or the heirs of the
purchaser, or legal representative, shall be entitled to recover
triple the amounts paid to the organization with interest thereon at
the rate of six percent (6%) per annum under any contract made in
violation hereof.
F. For purposes of Sections 6121 through 6136.18 of this title,
the term "organization" shall mean a "funeral establishment", as
defined in the Funeral Services Licensing Act, in Section 396.2 of
Title 59 of the Oklahoma Statutes.
G. Each permit holder, upon receipt of any inquiry from the
Insurance Commissioner, shall, within twenty (20) days from the date
of receipt of the inquiry, furnish the Insurance Commissioner with
an adequate response to the inquiry.
H. Each permit holder shall electronically notify the Insurance
Commissioner, in the manner and form prescribed by the Insurance
Commissioner, along with any applicable fees, of any change in
address or contact information within thirty (30) days of the
change. Any submission of a change of legal business name, dba or
assumed name, address or email address received more than thirty
(30) days after the change occurred shall be accompanied by a fee of
Fifty Dollars ($50.00).
anything of value, or contract for prearranged or prepaid funeral
services, or funeral service merchandise as defined in the Funeral
Services Licensing Act, or for any contract providing future funeral
services or funeral merchandise at a fixed price or at a cost plus a
percentage, or at retail price less a percentage discount, or for
any special consideration of any kind to be granted or made
available to the purchaser or holder of such contract, in this
state, under any sales contract, bond, certificate or other form of
written document providing for prepaid, discounted or otherwise
specially priced funeral or burial benefits or services or funeral
merchandise to be delivered at an undetermined future date dependent
upon the death of a contracting party or other person designated by
a contracting party (hereinafter called "prepaid funeral benefits")
shall first obtain a permit from the Insurance Commissioner
authorizing the transaction of this type of business. It shall be
unlawful to offer for sale, accept money or anything of value for,
or contract for prepaid funeral benefits without a valid, current
permit.
B. The Insurance Commissioner may deny the issuance of a permit
if the organization:
1. Makes a material misstatement or misrepresentation in an
application for a permit;
2. Fraudulently or deceptively obtains or attempts to obtain a
permit for another; or
3. If any of its officers, owners, partners, directors, or
other persons responsible for the conduct of its affairs and day-to-
day operations are determined by the Commissioner to not be
Oklahoma Statutes - Title 36. Insurance Page 1137
competent, trustworthy, financially responsible, and of good
personal and business reputation and character.
C. The Insurance Commissioner may approve an application of an
organization for a permit and deny the request of the organization
to act as a trustor if the organization, or any of its officers,
owners, partners, directors, or other persons responsible for the
conduct of its affairs and day-to-day operations, does not satisfy
all qualifications. This shall not hinder an organization from
entering into contracts funded by assignments of insurance.
D. All permits issued pursuant to the provisions of this
section shall be displayed in a conspicuous place at all times on
the premises of the organization. No organization may consent to,
or allow the use or display of, the permit by a person other than
the persons authorized to represent the organization in contracting
prepaid funeral benefits.
E. The organization shall not be entitled to enforce a contract
made in violation of the act, but the purchaser or the heirs of the
purchaser, or legal representative, shall be entitled to recover
triple the amounts paid to the organization with interest thereon at
the rate of six percent (6%) per annum under any contract made in
violation hereof.
F. For purposes of Sections 6121 through 6136.18 of this title,
the term "organization" shall mean a "funeral establishment", as
defined in the Funeral Services Licensing Act, in Section 396.2 of
Title 59 of the Oklahoma Statutes.
G. Each permit holder, upon receipt of any inquiry from the
Insurance Commissioner, shall, within twenty (20) days from the date
of receipt of the inquiry, furnish the Insurance Commissioner with
an adequate response to the inquiry.
H. Each permit holder shall electronically notify the Insurance
Commissioner, in the manner and form prescribed by the Insurance
Commissioner, along with any applicable fees, of any change in
address or contact information within thirty (30) days of the
change. Any submission of a change of legal business name, dba or
assumed name, address or email address received more than thirty
(30) days after the change occurred shall be accompanied by a fee of
Fifty Dollars ($50.00).
Status: in_force · Read it on the official government site
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