Code of Massachusetts Regulations › 239 CMR - BOARD OF REGISTRATION IN EMBALMING AND FUNERAL DIRECTING › Title 239 CMR 4.00 - Pre-need Funeral Contracts and Arrangements › Section 4.12 - Recordkeeping Requirements

Current through Register 1525, July 5, 2024
(1)
			 Each Licensed Funeral Establishment shall maintain a separate, legible written
			 record for each Pre-need Funeral Contract to which that funeral establishment
			 is a party. Said records shall be maintained at all times on the premises of
			 that funeral establishment, or on the premises of another
			 specifically-identified Licensed Funeral Establishment within the Commonwealth
			 which is owned and operated by the same proprietor, corporation, partnership,
			 association, limited liability company, limited liability partnership or other
			 business entity. At a minimum, such records shall contain all of the following
			 information:
(a) A fully-executed copy of the
			 Pre-need Funeral Contract;
(b) A
			 fully-executed copy of each amendment or modification of the terms of that
			 Pre-need Funeral Contract;
(c) In
			 the case of any Pre-need Funeral Contract which was transferred to another
			 funeral establishment after its original execution, the name and address of the
			 funeral establishment to which that Pre-need Funeral Contract was transferred
			 and written documentation that the Buyer and/or Beneficiary has authorized that
			 transfer;
(d) In the case of any
			 Pre-need Funeral Contract which has been performed (
i.e
., the
			 funeral goods and services specified in that contract have been provided to the
			 Beneficiary of that contract), a copy of the death certificate for the
			 Beneficiary of that Pre-need Funeral Contract and written documentation that
			 the funeral goods and services specified in that contract were
			 provided;
(e) Where the funding
			 source for the funeral goods and services to be provided pursuant to that
			 Pre-need Funeral Contract is a Funeral Trust Account:
1. The name, address, date of birth and
			 social security number of the named trust Beneficiary;
2. Copies of bank statements and deposit
			 slips from the bank or financial institution which is holding the funds
			 deposited in the Funeral Trust Account which show the date on which the funeral
			 trust was originally established, the amount of money originally deposited in
			 the Funeral Trust Account at the time the Funeral Trust Account was originally
			 established, and the date and amount of each subsequent deposit in the Funeral
			 Trust Account, if any;
3. The name
			 and address of the bank or financial institution which is holding the funds
			 deposited in the Funeral Trust Account;
4. The balance in the Funeral Trust Account,
			 on a monthly basis;
5. A
			 description of the form and manner in which the trust funds are
			 invested;
6. A copy of the
			 individual trust agreement, or, in the case of a common or commingled Funeral
			 Trust Account established pursuant to
			 239 CMR
			 4.09(4), a copy of the
			 Master Trust Agreement for the common account; and
7. Written documentation sufficient to
			 demonstrate compliance with all applicable requirements of
			 239 CMR 4.00 with respect to
			 all changes in the terms or provisions of the Funeral Trust Account.
(f) Where the funding source for
			 the funeral goods and services to be provided pursuant to that Pre-need Funeral
			 Contract is a Pre-need Insurance Policy or Annuity:
1. the name and address of the insurance
			 company which issued the policy or annuity;
2. the amount of money originally paid to
			 that insurance company for the issuance of that policy or annuity;
			 and
3. the face value of that
			 insurance policy or annuity.