Okla. Stat. tit. 36, § 36-7123
This is the official text of Okla. Stat. tit. 36, § 36-7123, 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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Permit required - Contracts in violation of act
Official statutory text
A. Any organization which shall accept money or anything of
value for cemetery merchandise pursuant to a prepaid cemetery
merchandise contract shall first obtain a permit from the Insurance
Commissioner authorizing the transaction of this type of business
before entering into the contract. It shall be unlawful to sell any
prepaid cemetery merchandise unless the organization holds a valid,
current permit at the time the contract is made. The organization
shall not be entitled to enforce a contract made in violation of the
Cemetery Merchandise Trust Act, but the purchaser, or the heirs or
Oklahoma Statutes - Title 36. Insurance Page 1489
legal representative of the purchaser, 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 of this act.
B. An organization with any prepaid cemetery merchandise
contracts subject to the provisions of the Cemetery Merchandise
Trust Act shall apply for, and obtain, approval of the Commissioner
before transferring or conveying in any manner the cemetery, its
obligations or both the cemetery and its obligations under the
prepaid cemetery merchandise contracts. The application shall be
accompanied by a fee equal to that required under Section 7125 of
this title and shall include such information as the Commissioner
may prescribe. The Commissioner shall not approve any such transfer
or conveyance until the applicant has provided sufficient evidence
that a cemetery merchandise trust fund equal to the minimum funding
requirement is maintained pursuant to Section 7126 of this title or
the applicant has obtained a surety bond pursuant to the provisions
of Section 7127 of this title.
value for cemetery merchandise pursuant to a prepaid cemetery
merchandise contract shall first obtain a permit from the Insurance
Commissioner authorizing the transaction of this type of business
before entering into the contract. It shall be unlawful to sell any
prepaid cemetery merchandise unless the organization holds a valid,
current permit at the time the contract is made. The organization
shall not be entitled to enforce a contract made in violation of the
Cemetery Merchandise Trust Act, but the purchaser, or the heirs or
Oklahoma Statutes - Title 36. Insurance Page 1489
legal representative of the purchaser, 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 of this act.
B. An organization with any prepaid cemetery merchandise
contracts subject to the provisions of the Cemetery Merchandise
Trust Act shall apply for, and obtain, approval of the Commissioner
before transferring or conveying in any manner the cemetery, its
obligations or both the cemetery and its obligations under the
prepaid cemetery merchandise contracts. The application shall be
accompanied by a fee equal to that required under Section 7125 of
this title and shall include such information as the Commissioner
may prescribe. The Commissioner shall not approve any such transfer
or conveyance until the applicant has provided sufficient evidence
that a cemetery merchandise trust fund equal to the minimum funding
requirement is maintained pursuant to Section 7126 of this title or
the applicant has obtained a surety bond pursuant to the provisions
of Section 7127 of this title.
Status: in_force · Read it on the official government site
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