Cemetery Merchandise Trust

Cemetery Merchandise Trust (CMT) Permit

Statutes: 36 O.S. § 7121 – 7135 and OAC 365:25-23-1 to 365:25-23-9

Disclaimer: The following is an overview of the laws pertaining to CMT permits.  Refer to the OSCN webpage to research all the statutes pertaining to CMT permits.

Administration of Act 36 O.S. § 7124

The Cemetery Merchandise Trust Act, Sections 7121 through 7135 of this title, shall be administered by the Insurance Commissioner. The Commissioner is authorized to promulgate reasonable rules concerning the keeping and inspection of records, the filing of contracts and reports, investments of and handling of the trust funds, and all other matters concerning the orderly administration and implementation of the Cemetery Merchandise Trust Act. All prepaid cemetery merchandise contracts shall be in writing, and no contract form created after July 1, 2010, shall be used without first being submitted to, and approved by, the Commissioner.

Definitions 36 O.S. § 7122 – 7125

“Cemetery merchandise” means markers, memorials, vases, memorial vases, monuments, equipment, crypts, niches, or outer enclosures. Cemetery merchandise shall not include the sale of lands or interests therein as grave lots or grave spaces; burial or interment rights; and delivered or installed crypts, niches, or outer enclosures.

“Purchase price” means the gross amount to be paid for cemetery merchandise under the provisions of a prepaid cemetery merchandise contract. Purchase price shall not include finance charges, sales tax, charges for real property interests or charges for credit life insurance.

“Prepaid cemetery merchandise contract” means any agreement for the sale of cemetery merchandise by an organization which requires payment of the purchase price, in whole or in part, prior to delivery of the cemetery merchandise, which agreement is entered into from and after November 1, 1989.

“Minimum funding requirement” means that portion of the purchase price equal to one hundred ten percent (110%) of the wholesale cost, plus delivery charges, of the cemetery merchandise covered in a prepaid cemetery merchandise contract.

“Organization” means any individual, firm, partnership, trust, corporation, association or entity. Organization shall not include state, county, municipal, township, rural community, religious, fraternal or nonprofit entities, free community burial grounds, county cemetery associations, Indian tribal cemeteries on tribal land and charitable or eleemosynary institutions operating cemeteries in this state.

“Outer enclosure” means a grave liner, grave box, or grave vault.

“Lawn crypt” means a subsurface permanent outer enclosure installed before need in multiple units for the purpose of interring human remains.

“Financial institution” means a federally insured bank, trust company, or savings and loan association which is authorized to do business in this state.

“Commissioner” or “Insurance Commissioner” means the Insurance Commissioner of the State of Oklahoma.

“Wholesale cost” means an amount determined on the basis of such standard quotations and price lists as are published by the vendor of the cemetery merchandise, without regard to any discounts that may be available to the organization.

Permit Application 36 O.S. § 7125 – 7127 and 365:25-23-4 to 365:25-23-6

Cycle – Permits are issued from March 16 xx to March 15 of the following year.  Filing period is YTD January – December.

Initial Cemetery Merchandise Permit ($200) With Initial Application
Cemetery Merchandise Trust Permit Renewal ($200) March 15
Cemetery Merchandise Trust Annual Report ($200) March 15
Cemetery Merchandise Bond Holders
    1st Quarter Report April 30
    2nd Quarter Report July 30
    3rd Quarter Report October 31
    4th Quarter Report January 31

 

Requirements:

  • Initial / Renewal Application
    1. Current Permit # (renewals)
    2. Primary contact person
    3. Legal name, DBA and address of permit location (required to be registered with the Oklahoma SOS)
    4. List any changes to owners/operators. New individuals will be required to submit social security number and date of birth.
  • Funding Options
    • Trust Fund
      1. List financial institution(s) with trust powers
      2. Provide copy of Trust Agreement between financial institution and funeral home
      3. Provide documentation from financial institution that verifies the minimum funding amount
      4. Provide documentation of trust activity for the filing period
      5. Provide documentation on deposits required to be made to the trust during the filing period
    • Surety Bond
      1. Attach OID Surety Bond form (located on our webpage)
      2. Submit quarterly Report showing bond amount is not less than the minimum funding requirement. Every holder of a CMT Permit that maintains a surety bond shall submit an Oklahoma quarterly report of CM on a form approved by the Commissioner.  Report must be filed by the 13th day after the close of each quarter.  The bond must be more than the minimum funding requirement.  If it does not, the permit holder will be notified and given 10 days to post an additional or amended bond.
Annual report 36 O.S. § 7125 and 365:25-23-3 thru 365:25-23-8
    1. Name of the cemetery
    2. Town where the cemetery is located
    3. Name and address of person to contact with questions about the report
    4. Period of time covered by the report
    5. Trust account numbers
    6. Merchandise covered by each account
    7. Amount deposited on each account to the trust fund
    8. Beginning and ending balance
    9. Method of determination of wholesale cost
    10. A current original manufacturer’s price list from any and all cemetery merchandise suppliers used by the permit holder; and
    11. Name of the vault company with whom the permit holder deals.
  • Annual Report Filing
    • Submit total required deposits to the CMT fund during the year
    • Amount of the trust fund under each contract
    • Method of determination of wholesale costs
    • Any entity which has discontinued the sale of prepaid cemetery merchandise but still has funds deposited is not required to renew their permit; however, they must still file annual reports with a filing fee of $200.

     

  • Contract Approval – sales contracts must be submitted for review.
CMT Change of Ownership 365:25-23-4

Prior to the sale of a cemetery with a CMT permit, both the seller and the buyer are required to submit the following documents in one comprehensive email to RIS@oid.ok.gov .

Duties of the Seller:

  1. Notice of Sale – submit the form a least forty-five (45) days prior to the transfer.
  2. Seller’s Agreement – submit a copy of the Seller’s Agreement (or contract for sale) for review.
  3. List of undelivered prepaid cemetery merchandise contracts – provide a list containing the contract holder’s name; the beneficiary’s name(s), contract number, contract value, and trust value at the time of notice.

Duties of the Buyer:

    1. Buyer is required to have an active CMT permit issued by the OID at the time of notice.
    2. Application for Purchase of Cemetery – submit the completed form.

Cemetery Merchandise Trust Forms

Application for Purchase of Cemetery
Permit Renewal & Annual Report
Oklahoma Quarterly Report of Cemetery Merchandise
Surety Bond
Sellers Notice to Commissioner (CMT)
License Surrender Form
CMT Transfer of Ownership