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

Statutes

Rules

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:

    1. Surety Bond report
    2. Trust report
    3. Annual Report
    4. Late renewal – double fee between March 16 – April 15.  May apply for a new permit after termination

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.
  • 36 OS 7126 – 7127
    • Two 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. 365:25-23-4
          Attach OID Surety Bond form (located on our webpage)
        2. 365:25-23-6
          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.
  • 365:25-23-8 Annual report
    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.
  • 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.
      • 365:25-23-9 Notice of Sale
        Prior to the sale of a cemetery with a CMT permit, a permit holder shall first file a Notice of Sale on a form approved by the commissioner.
      • Transfer of Ownership Seller of a cemetery with a CMT permit, apply 45 days prior to the transfer of ownership.  No transfer may be made without the commissioner’s prior written approval.
        • Seller Agreement
        • List of all undelivered prepaid CMT contracts with the following information:
          1. Contract holder’s name
          2. Beneficiary’s name(s)
          3. Contract number
          4. Contract value
          5. Trust value at the time of notice