Cemetery Merchandise Trust (CMT) Permit
Disclaimer: The following is an overview of the laws pertaining to CMT permits. Refer to the OSCN webpage to research all the statues pertaining to CMT permits.
Regulations: 36 OS 7121 – 7135 and OAC Subchapter 23 365:25-23-1 to 365:25-23-9
36 OS 7122 (1)
“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.
36 OS 7124 (A)
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.
36 OS 7125 Permit Application:
Cycle – Permit issued from March 16 xx to March 15 of the following year. Filing period is YTD January – December.
Fees -$200 for each report:
- Surety Bond report
- Trust report
- Annual Report
- Late renewal – double fee between March 16 – April 15. May apply for a new permit after termination
- Initial / Renewal Application
- Current Permit # (renewals)
- Primary contact person
- Legal name, DBA and address of permit location (required to be registered with the Oklahoma SOS)
- List any changes to owners/operators. New individuals will be required to submit social security number and date of birth.
- 36 OS 7126 – 7127
- Two funding options
- Trust Fund
- List financial institution(s) with trust powers
- Provide copy of Trust Agreement between financial institution and funeral home
- Provide documentation from financial institution that verifies the minimum funding amount
- Provide documentation of trust activity for the filing period
- Provide documentation on deposits required to be made to the trust during the filing period
- Surety Bond
Attach OID Surety Bond form (located on our webpage)
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.
- Trust Fund
- Two funding options
- 365:25-23-8 Annual report
- Name of the cemetery
- Town where the cemetery is located
- Name and address of person to contact with questions about the report
- Period of time covered by the report
- Trust account numbers
- Merchandise covered by each account
- Amount deposited on each account to the trust fund
- Beginning and ending balance
- Method of determination of wholesale cost
- A current original manufacturer’s price list from any and all cemetery merchandise suppliers used by the permit holder; and
- Name of the vault company with whom the permit holder deals.
- 36 OS 7128 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.
- 365: 25-23-3 Contract Approval – sales contracts must be submitted for review.
365:25-23-4 CMT Change of Ownership
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:
- Notice of Sale – submit the form a least forty-five (45) days prior to the transfer.
- Seller’s Agreement – submit a copy of the Seller’s Agreement (or contract for sale) for review.
- 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:
- Buyer is required to have an active CMT permit issued by the OID at the time of notice.
- Application for Purchase of Cemetery – submit the completed form.