reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 1 - Mississippi Preneed Cemetery and Funeral Registration Act Rules › Chapter 2 - Registration › Rule 1-12-1-2.1 - Establishment Registration

Current through June 25, 2024
Any establishment or organization which engages in the
					 business of selling preneed merchandise and/or services shall register with the
					 Secretary of State by filing a completed Preneed Establishment and/or Agent
					 Registration Form (Form 10PN001) with the Division. The form shall be marked in
					 the space designated "Initial Registration" and shall be accompanied by a
					 registration fee of Two Hundred Fifty Dollars ($250). This "Initial
					 Registration" shall only be completed once for each establishment registration;
					 therefore, the Two Hundred Fifty Dollar ($250) registration fee shall only be
					 paid once by each establishment that registers with the Division. The only
					 reason an establishment would have to pay the Two Hundred Fifty Dollar ($250)
					 registration fee on more than one occasion would be if, for any reason, the
					 establishment has to re-register.
All registrations expire on March
					 31st of each year and must be
					 renewed.
Miss. Code Ann.
					 §
											75-63-67
					 (Rev. 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 1 - Mississippi Preneed Cemetery and Funeral Registration Act Rules › Chapter 2 - Registration › Rule 1-12-1-2.2 - Agent Registration

Current through June 25, 2024
Any person who engages in the business of selling preneed
					 contracts shall register with the Secretary of State by filing a Form 10PN001
					 with sections A, D, and E completed. All agent applications must be sponsored
					 by a registered establishment.
Miss. Code Ann.
					 §
											75-63-67
					 (Rev. 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 1 - Mississippi Preneed Cemetery and Funeral Registration Act Rules › Chapter 2 - Registration › Rule 1-12-1-2.3 - Annual Report Filing

Current through June 25, 2024
Every registered establishment shall annually submit a
					 written report to the Secretary of State of its preneed contract sales and
					 performance of such contracts. This report shall be filed with the Secretary of
					 State on or before March 31st of each year for the
					 calendar year ending the preceding December 31st.
					 Annual reports shall be submitted to the Secretary of State on Form 10PN001
					 that is marked in the space designated "Renewal Registration & Annual
					 Report." A Fifty Dollar ($50) renewal of license fee shall also accompany the
					 filing and shall be made payable to the Mississippi Secretary of State's
					 Office.
Miss. Code Ann.
					 §
											75-63-67
					 (Rev. 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 1 - Mississippi Preneed Cemetery and Funeral Registration Act Rules › Chapter 2 - Registration › Rule 1-12-1-2.4 - Trustee Annual Report Filing

Current through June 25, 2024
Every trustee for a preneed funeral and/or cemetery
					 services and merchandise trust shall annually submit a written report to the
					 Secretary of State containing the trust activity for the previous ending
					 calendar year. This report shall be filed on or before March
					 31st of each year for the calendar year ending the
					 preceding December 31st. Trustee Annual Reports
					 shall be submitted on the Annual Trustee Report Form and marked in the space
					 designated "Preneed Funeral/Cemetery Services & Merch. Trust." No fee shall
					 be submitted with this report.
Miss. Code Ann.
					 §
											75-63-67
					 (Rev. 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 1 - Mississippi Preneed Cemetery and Funeral Registration Act Rules › Chapter 2 - Registration › Rule 1-12-1-2.5 - Change in Establishment or Agent Information

Current through June 25, 2024
Any changes in the information provided by the
					 establishment or agent in a registration shall be supplied to the Secretary of
					 State in writing by completing the appropriate sections of Form 10PN001. Notice
					 shall be supplied to the Secretary of State within thirty (30) days after such
					 change has occurred.
Miss. Code Ann.
					 §
											75-63-67
					 (Rev. 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 1 - Mississippi Preneed Cemetery and Funeral Registration Act Rules › Chapter 2 - Registration › Rule 1-12-1-2.6 - Change in Ownership or Control

Current through June 25, 2024
A. The seller shall
				  apply for change of ownership or control when:
1) The seller transfers all or a portion of
				  the interest in any contract for prepaid funeral merchandise and
				  services;
2) The seller transfers
				  one or more of its establishments for providing funeral merchandise or
				  services;
3) All or a portion of
				  the equity ownership of a seller has been transferred that will result in a
				  change of:
a. The sale of more than fifty
				  percent (50%) of the interest of a seller when the seller is a
				  corporation;
b. Ownership of a
				  seller when the seller is other than a corporation;
4) The seller transfers all of its business
				  assets relating to providing funeral merchandise or services; or
5) The seller terminates its business of
				  providing funeral merchandise or services.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 1 - Mississippi Preneed Cemetery and Funeral Registration Act Rules › Chapter 2 - Registration › Rule 1-12-1-2.7 - Change in Trustee or Trust Institution

Current through June 25, 2024
In the event of any change in the investment composition
					 of the assets of a preneed trust reflecting a redistribution of Twenty-Five
					 percent (25%) or more of trust assets or a change in the trustee or trust
					 institution, the Secretary of State shall be notified in writing no less than
					 thirty (30) days after the time of such change occurs.
Miss. Code Ann.
					 §
											75-63-67
					 (Rev. 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 1 - Mississippi Preneed Cemetery and Funeral Registration Act Rules › Chapter 2 - Registration › Rule 1-12-1-2.8 - Termination of Agents

Current through June 25, 2024
Establishments shall notify the Secretary of State in
					 writing within thirty (30) days after an agent has ceased employment with that
					 establishment.
Miss. Code Ann.
					 §
											75-63-67
					 (Rev. 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 1 - Mississippi Preneed Cemetery and Funeral Registration Act Rules › Chapter 2 - Registration › Rule 1-12-1-2.9 - Notarization

Current through June 25, 2024
All registration forms and annual reports must be
					 notarized.
Miss. Code Ann.
					 §
											75-63-67
					 (Rev. 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 1 - Mississippi Preneed Cemetery and Funeral Registration Act Rules › Chapter 2 - Registration › Rule 1-12-1-2.10 - Certificate

Current through June 25, 2024
An establishment and/or agent shall not be considered
					 registered under the Act until the establishment and/or agent receives a
					 certificate from the Division stating that it has satisfied the registration
					 requirements of the Act and these Rules.
Miss. Code Ann.
					 §
											75-63-67
					 (Rev. 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 1 - Mississippi Preneed Cemetery and Funeral Registration Act Rules › Chapter 2 - Registration › Rule 1-12-1-2.11 - Filing Dates

Current through June 25, 2024
Any filing required by the Act or these Rules is
					 considered timely filed by reference to the postmark when filed along with the
					 appropriate forms, filing fee, and all other documents required by the Act or
					 these Rules.
Miss. Code Ann.
					 §
											75-63-67
					 (Rev. 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 1 - Mississippi Preneed Cemetery and Funeral Registration Act Rules › Chapter 2 - Registration › Rule 1-12-1-2.12 - Deficient Filings

Current through June 25, 2024
Any filing made pursuant to the Act or these Rules may be
					 deemed deficient if any of the following exist:
A. The application is not on the proper
				  form;
B. The application is not in
				  compliance with the Act or these Rules;
C. The application is incomplete;
D. The application is not signed and
				  notarized; and/or
E. The associated
				  fee is not submitted.
When a registration application or filing is found to be
					 deficient, the Division shall send a deficiency letter stating the grounds for
					 noncompliance. If following the transmission of a deficiency letter, no
					 communication is received by the Division for a period of thirty (30) days, the
					 application or filing will be deemed abandoned and returned to the
					 applicant.
Miss. Code Ann.
					 §
											75-63-67
					 (Rev. 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 1 - Mississippi Preneed Cemetery and Funeral Registration Act Rules › Chapter 2 - Registration › Rule 1-12-1-2.13 - Addresses

Current through June 25, 2024
For all correspondence to the
					 Division
,
including payment of fees or
					 penalties,
please mail to this address:
Secretary of State
Regulation and Enforcement Division
Post Office Box 136
Jackson, Mississippi 39205
The physical address is:
Secretary of State
Regulation and Enforcement Division
125 South Congress Street
Jackson, Mississippi 39201
Miss. Code Ann.
					 §
											75-63-67
					 (Rev. 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 1 - Mississippi Preneed Cemetery and Funeral Registration Act Rules › Chapter 3 - Contracts › Rule 1-12-1-3.1 - Contract Forms

Current through June 25, 2024
All preneed contracts sold shall be evidenced in writing
					 on forms approved by and on file with the Secretary of State. No contract form
					 can be used unless approved by the Division. Said contract forms must be
					 accompanied by all documents required by the Act and these Rules to be provided
					 to a contract beneficiary.
All preneed contract forms filed with the Secretary of
					 State shall be reviewed in order to ensure compliance with the Act and these
					 Rules. If the contract meets all of the requirements of the Act and these Rules
					 then it shall be marked "Accepted" and a copy shall be returned to the preneed
					 establishment. If the contract fails to meet the requirements of the Act and
					 these Rules, it shall be marked "Rejected" and it shall be returned to the
					 preneed establishment along with the reasons for rejection.
It is the Establishment's responsibility to obtain approval
					 of a contract form that complies with requirements of the current Act and the
					 current Rules. Outdated contract forms, even if previously approved by the
					 Division, cannot be used if contract language is in conflict with the current
					 Act and the current Rules.
Miss. Code Ann.
					 §
											75-63-67
					 (Rev. 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 1 - Mississippi Preneed Cemetery and Funeral Registration Act Rules › Chapter 3 - Contracts › Rule 1-12-1-3.2 - Complaints

Current through June 25, 2024
All preneed contracts shall contain the following clause:
					 "Consumer complaints may be filed with the Secretary of State by calling (601)
					 359-9055 or in writing at Post Office Box 136, Jackson, MS
					 39205."
Miss. Code Ann.
					 §
											75-63-67
					 (Rev. 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 1 - Mississippi Preneed Cemetery and Funeral Registration Act Rules › Chapter 3 - Contracts › Rule 1-12-1-3.3 - Certain Terms in Bold Type

Current through June 25, 2024
The following terms of a preneed contract that is funded
					 by trust shall be in bold face type:
A.
				  The percentage of funds the seller is required to trust
B. The name of the trust officer;
				  and
C. The name, address, and phone
				  number of the trust institution.
These terms must also be set forth in a separate space on
					 the contract and initialed by the contract beneficiary.
Miss. Code Ann.
					 §
											75-63-67
					 (Rev. 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 1 - Mississippi Preneed Cemetery and Funeral Registration Act Rules › Chapter 3 - Contracts › Rule 1-12-1-3.4 - Contract Portability

Current through June 25, 2024
A. For Trust-funded
				  contracts: If, for any reason, the original contract seller does not service
				  the final needs of the contract beneficiary, no less than the amount remitted
				  to trust with associated earnings, interest, and income shall be paid to the
				  substitute provider or the estate of the deceased. In the event the principal
				  with interest, earnings, and income exceeds the retail contract price owed a
				  substitute provider, then such excess or overage may be paid to the original
				  contract seller. Such payment shall be made within ten (10) days by the
				  original provider's trustee upon receipt of documentation of death and
				  documentation of the substitute provider's services and merchandise furnished
				  to the deceased.
B. For
				  Insurance-funded contracts: If, for any reason, the original contract seller
				  does not service the final needs of the contract insured but the policy
				  proceeds are disbursed to the original contract seller, then the original
				  contract seller shall remit all policy proceeds to the substitute provider or
				  the estate of the deceased within ten (10) days of the receipt of policy
				  proceeds.
Furthermore, all preneed contracts sold in Mississippi must
					 contain the portability language stated above before the contract can be
					 approved and used in this State.
The effective date for Rule 3.4 shall be July 1,
					 2012.
Miss. Code Ann.
					 §
											75-63-67
					 (Rev. 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 1 - Mississippi Preneed Cemetery and Funeral Registration Act Rules › Chapter 3 - Contracts › Rule 1-12-1-3.5 - Merchandise Description Specificity

Current through June 25, 2024
All preneed contracts must provide a sufficient, detailed
					 description of funeral or cemetery services purchased as well as the make,
					 model, and quality of the merchandise covered by the contract. No contract form
					 will be approved for use if the format does not capture specific information
					 regarding the consumer's purchase.
Miss. Code Ann.
					 §
											75-63-67
					 (Rev. 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 1 - Mississippi Preneed Cemetery and Funeral Registration Act Rules › Chapter 3 - Contracts › Rule 1-12-1-3.6 - Retention of Documents

Current through June 25, 2024
The preneed establishment or its successor shall maintain
					 a copy of all preneed contracts entered into by the establishment for a period
					 of the lifetime of each contract and for two (2) years after the death of a
					 contract insured. These documents shall be maintained on the premises of the
					 establishment and shall be maintained in an auditable format. The Secretary of
					 State's Office recommends that these records be kept indefinitely in electronic
					 format.
Miss. Code Ann.
					 §
											75-63-67
					 (Rev. 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 1 - Mississippi Preneed Cemetery and Funeral Registration Act Rules › Chapter 3 - Contracts › Rule 1-12-1-3.7 - Conversion of Funding Type

Current through June 25, 2024
No contract that is funded by trust may be converted to an
					 insurance policy funded contract without the prior approval of the
					 Division.
Miss. Code Ann.
					 §
											75-63-67
					 (Rev. 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 1 - Mississippi Preneed Cemetery and Funeral Registration Act Rules › Chapter 4 - Examination and Enforcement › Rule 1-12-1-4.1 - Trustee

Current through June 25, 2024
The preneed trustee must be a financial institution
					 unrelated to the preneed provider, the seller, or a member, officer, or
					 director of the contract provider if the contract provider is a corporation or
					 LLC.
Miss. Code Ann.
					 §
											75-63-67
					 (Rev. 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 1 - Mississippi Preneed Cemetery and Funeral Registration Act Rules › Chapter 4 - Examination and Enforcement › Rule 1-12-1-4.2 - Pre-Installation of Vaults

Current through June 25, 2024
No grave space may be opened for the sole purpose of
					 installing a vault. Any vault purchased must be installed in the grave space at
					 the time human remains are interred. Lawn crypts are exempt from this
					 rule.
Miss. Code Ann.
					 §
											75-63-67
					 (Rev. 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 1 - Mississippi Preneed Cemetery and Funeral Registration Act Rules › Chapter 4 - Examination and Enforcement › Rule 1-12-1-4.3 - Trusting requirements

Current through June 25, 2024
Not later than the fifth day of the following
					 month from when funds are received
, the contract seller shall
					 place in a trust account in a financial institution as defined by this article
at least eighty-five (85%) of the funds received for funeral and
					 cemetery services and merchandise.
Miss. Code Ann.
					 §
											75-63-59(3)
					 and 67 (Rev. 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 1 - Mississippi Preneed Cemetery and Funeral Registration Act Rules › Chapter 5 - Administrative Hearing Procedures › Rule 1-12-1-5.1 - Hearing Procedure Variance

Current through June 25, 2024
The Secretary of State may grant variances from these
					 Rules if it is determined that application of the Rules would, in the
					 particular case, be unnecessarily burdensome, and such variance would not be
					 inconsistent with the public policy purposes of the Act.
Miss. Code Ann.
					 §
											75-63-67
					 (Rev. 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 1 - Mississippi Preneed Cemetery and Funeral Registration Act Rules › Chapter 5 - Administrative Hearing Procedures › Rule 1-12-1-5.2 - Severability

Current through June 25, 2024
If any one or more of these Rules, or any part of any Rule
					 is found to be invalid by any court of competent jurisdiction, such finding
					 shall not affect the validity of any other Rule or the remaining content of any
					 part of a Rule that is not found to be invalid. Further, if any one or more of
					 these Rules, or any part of any Rule, is superseded, amended, or contradicted
					 by subsequent legislation, such amendment or change by subsequent legislation
					 in no way invalidates any other part of a Rule or any other Rules not addressed
					 or impacted by subsequent legislative action.
Miss. Code Ann.
					 §
											75-63-67
					 (Rev. 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 1 - Mississippi Preneed Cemetery and Funeral Registration Act Rules › Chapter 5 - Administrative Hearing Procedures › Rule 1-12-1-5.3 - Oral opinions

Current through June 25, 2024
Oral or informal opinions by the staff of the Division as
					 to the applicability of the Act and oral or informal representations by the
					 staff of the Division concerning the status of filings made with the Division
					 are not binding upon the Division. Requestors can obtain a written declaratory
					 opinion from the Division by following the procedures described in the
					 Secretary of State's Rule on Declaratory Opinions. A non-refundable fee of One
					 Hundred Fifty Dollars ($150.00) must accompany each request.
Miss. Code Ann.
					 §
											75-63-67
					 (Rev. 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 1 - Mississippi Preneed Cemetery and Funeral Registration Act Rules › Chapter 5 - Administrative Hearing Procedures › Rule 1-12-1-5.4 - Administrative Hearing Procedures

Current through June 25, 2024
A. Written notice
				  shall be provided to any preneed establishment or other person against whom the
				  Attorney General or Secretary of State intends to institute an administrative
				  hearing pursuant to the Act or these Rules. At least twenty (20) calendar days
				  of notice shall be given to the establishment or other person prior to the
				  hearing unless the establishment or other person notified consents or the
				  Division has authority to do so under applicable statute. Notice is effective
				  on date of issue.
B. Such notice
				  shall be by certified mail, return receipt requested, and shall set forth the
				  date, time and place for the administrative hearing and shall also designate a
				  Hearing Officer.
C. Any Party
				  wishing to appear or introduce evidence or other testimony at the
				  administrative hearing shall, no later than four (4) business days prior to the
				  hearing date, file with the Hearing Officer and the opposing party a list of
				  witnesses which it intends to call to testify or to otherwise give evidence.
				  The list shall contain for each witness:
1)
				  Name;
2) Residential and business
				  address, if known;
3) Residential
				  and business telephone number, if known;
4) A brief summary statement indicating the
				  substance of the person's expected testimony.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 2 - Mississippi Perpetual Care Cemetery Rules › Chapter 1 - Definitions › Rule 1-12-2-1.1 - Division

Current through June 25, 2024
As used herein, all references to "Division" or "the
					 Division" shall mean the Regulation and Enforcement Division of the Mississippi
					 Secretary of State's Office.
Miss. Code Ann.
					 §
											41-43-37(7)(Rev.
					 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 2 - Mississippi Perpetual Care Cemetery Rules › Chapter 1 - Definitions › Rule 1-12-2-1.2 - Establishment

Current through June 25, 2024
As used herein, all reference to "Establishment" or
					 "Cemetery Establishment" or "Registered Establishment" shall mean the perpetual
					 care cemetery that is required to register with the Mississippi Secretary of
					 State's Office.
Miss. Code Ann.
					 §
											41-43-37(7)(Rev.
					 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 2 - Mississippi Perpetual Care Cemetery Rules › Chapter 1 - Definitions › Rule 1-12-2-1.3 - Law

Current through June 25, 2024
As used herein, all reference to "Law" or "the Law" shall
					 mean the "Cemetery Law" and any amendments thereto.
Miss. Code Ann.
					 §
											41-43-37(7)(Rev.
					 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 2 - Mississippi Perpetual Care Cemetery Rules › Chapter 1 - Definitions › Rule 1-12-2-1.4 - Rules

Current through June 25, 2024
As used herein, all references to "Rules" or "these Rules"
					 shall mean the "Perpetual Care Cemetery Rules."
Miss. Code Ann.
					 §
											41-43-37(7)(Rev.
					 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 2 - Mississippi Perpetual Care Cemetery Rules › Chapter 1 - Definitions › Rule 1-12-2-1.5 - Secretary of State

Current through June 25, 2024
As used herein, all references to "the Secretary of State"
					 or "Secretary of State" shall mean the Mississippi Secretary of
					 State.
Miss. Code Ann.
					 §
											41-43-37(7)(Rev.
					 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 2 - Mississippi Perpetual Care Cemetery Rules › Chapter 2 - Registration › Rule 1-12-2-2.1 - Establishment Registration

Current through June 25, 2024
Any person, partnership, corporation or other organization
					 organized or engaging in business under the laws of the State of Mississippi
					 who owns, maintains, or operates a cemetery, providing lots or other interment
					 space therein for the remains of human bodies, unless exempt, is subject to the
					 Law and said cemetery must be registered with the Secretary of State as a
					 Perpetual Care Cemetery by filing a completed Perpetual Care Cemetery
					 Registration Form (Form 10PC001) with the Division. The form shall be marked in
					 the space designated "New Registration" and shall be accompanied by a
					 registration fee of Twenty Five Dollars ($25). Every nonexempt cemetery
					 location must register regardless of common ownership. Exemptions from this
					 requirement are addressed in the Law. The only cemeteries that are exempt from
					 this requirement are, as stated in Mississippi Code Annotated Section
					 41-43-33
					 "organizations and cemeteries that are affiliated with or owned by churches or
					 religious societies, established fraternal societies, municipalities, other
					 political subdivisions of the State of Mississippi, or family cemeteries or
					 family burial grounds, and community cemeteries that provide burial lots at no
					 charge, or sell burial lots to the public."
All registrations expire on
					 March 31st of each year and must be
					 renewed.
Miss. Code Ann.
					 §
											41-43-37(7)(Rev.
					 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 2 - Mississippi Perpetual Care Cemetery Rules › Chapter 2 - Registration › Rule 1-12-2-2.2 - Annual Report Filing

Current through June 25, 2024
Every registered establishment shall annually submit a
					 written report to the Secretary of State containing any sales activity, trust
					 fund information, and any changes in registration information for the prior
					 ending calendar year. This report shall be filed with the Secretary of State on
					 or before March 31st of each year for the calendar
					 year ending the preceding December 31st. Annual
					 reports shall be submitted to the Secretary of State on Form 10PC001 and marked
					 in the space designated "Renewal." A Twenty Five Dollar ($25) renewal of
					 license fee shall also accompany the filing and shall be made payable to the
					 Mississippi Secretary of State's Office.
Miss. Code Ann.
					 §
											41-43-37(7)(Rev.
					 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 2 - Mississippi Perpetual Care Cemetery Rules › Chapter 2 - Registration › Rule 1-12-2-2.3 - Trustee Annual Report Filing

Current through June 25, 2024
Every trustee for a perpetual care cemetery trust shall
					 annually submit a written report to the Secretary of State containing the trust
					 activity for the previous ending calendar year. This report shall be filed on
					 or before March 31st of each year for the calendar
					 year ending the preceding December 31st. Trustee
					 Annual Reports shall be submitted on the Annual Trustee Report Form (Form
					 10PN003) and marked in the space designate "Perpetual Care Cemetery Trust." No
					 fee shall be submitted with this report.
The report shall be at all times available to inspection
					 and copy by any owner of a burial right in the cemetery, or the family, legal
					 representative, or next of kin of the owner, at the usual place for transacting
					 the regular business of the cemetery.
Miss. Code Ann.
					 §
											41-43-37(7)(Rev.
					 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 2 - Mississippi Perpetual Care Cemetery Rules › Chapter 2 - Registration › Rule 1-12-2-2.4 - Change in Establishment Information

Current through June 25, 2024
Any changes in the information provided by the
					 establishment in a registration shall be supplied to the Secretary of State in
					 writing by completing the appropriate sections of the Perpetual Care Cemetery
					 Registration Form which should be marked in the space designated "Amendment of
					 Registration." Notice shall be supplied to the Secretary of State within thirty
					 (30) days after such change has occurred. No payment should be
					 sent.
Miss. Code Ann.
					 §
											41-43-37(7)(Rev.
					 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 2 - Mississippi Perpetual Care Cemetery Rules › Chapter 2 - Registration › Rule 1-12-2-2.5 - Change in Ownership or Control

Current through June 25, 2024
Before any sale or transfer of a perpetual care cemetery
					 or a controlling interest of Fifty percent (50%) or greater therein, an
					 independent audit of the perpetual care trust fund shall be performed at the
					 expense of the seller and/or buyer and filed with the Division. The audit shall
					 be current within thirty (30) days of the proposed sale or transfer. No sale or
					 transfer of any perpetual care cemetery shall occur until approved in writing
					 by the Division.
Miss. Code Ann.
					 §
											41-43-37(7)
					 and 38(5) (Rev. 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 2 - Mississippi Perpetual Care Cemetery Rules › Chapter 2 - Registration › Rule 1-12-2-2.6 - Change in Trustee or Trust Institution

Current through June 25, 2024
The Division must be notified thirty (30) days prior to
					 any change in the trustee or trust institution administering the Perpetual Care
					 Trust Fund of any establishment. Approval of such change must be given in
					 writing by the Division before such change shall occur.
Miss. Code Ann.
					 §
											41-43-37(7)(Rev.
					 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 2 - Mississippi Perpetual Care Cemetery Rules › Chapter 2 - Registration › Rule 1-12-2-2.7 - Notarization

Current through June 25, 2024
All registration forms and annual reports must be
					 notarized.
Miss. Code Ann.
					 §
											41-43-37(7)(Rev.
					 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 2 - Mississippi Perpetual Care Cemetery Rules › Chapter 2 - Registration › Rule 1-12-2-2.8 - Certificate

Current through June 25, 2024
An establishment shall not be considered registered under
					 the Law until the establishment receives a certificate from the Division
					 stating that it has satisfied the registration requirements of the Law and
					 these Rules.
Miss. Code Ann.
					 §
											41-43-37(7)(Rev.
					 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 2 - Mississippi Perpetual Care Cemetery Rules › Chapter 2 - Registration › Rule 1-12-2-2.9 - Filing Dates

Current through June 25, 2024
Any filing required by the Law or these Rules to be filed
					 with the Division is considered timely filed by reference to the postmark when
					 filed along with the appropriate forms, filing fee, and all other documents
					 required by the Law or these Rules.
Miss. Code Ann.
					 §
											41-43-37(7)(Rev.
					 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 2 - Mississippi Perpetual Care Cemetery Rules › Chapter 2 - Registration › Rule 1-12-2-2.10 - Deficient Filings

Current through June 25, 2024
Any filing made pursuant to the Law or these Rules may be
					 deemed deficient if any of the following exist:
A. The application is not on the proper
				  form;
B. The application is not in
				  compliance with the Law or these Rules;
C. The application is incomplete;
D. The application is not signed and
				  notarized; and/or
E. The associated
				  fee is not submitted.
When a registration application or filing is found to be
					 deficient, the Division shall send a deficiency letter stating the grounds for
					 noncompliance. If following the transmission of a deficiency letter, no
					 communication is received by the Division for a period of thirty (30) days, the
					 application or filing will be deemed abandoned and returned to the
					 applicant.
Miss. Code Ann.
					 §
											41-43-37(7)(Rev.
					 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 2 - Mississippi Perpetual Care Cemetery Rules › Chapter 2 - Registration › Rule 1-12-2-2.11 - Addresses

Current through June 25, 2024
For all correspondence to the
					 Division
,
including payment of fees or
					 penalties,
please mail to this address:
Secretary of State
Regulation and Enforcement Division
Post Office Box 136
Jackson, Mississippi 39205
The physical address is;
Secretary of State
Regulation and Enforcement Division
125 South Congress Street
Jackson, Mississippi 39201
Miss. Code Ann.
					 §
											41-43-37(7)(Rev.
					 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 2 - Mississippi Perpetual Care Cemetery Rules › Chapter 3 - Examination and Enforcement › Rule 1-12-2-3.1 - Trustee

Current through June 25, 2024
The perpetual care trustee must be affiliated with an
					 established bank, trust company, other financial institution or financial
					 services company. The trustee must be unrelated to the perpetual care cemetery,
					 the seller, or a member, officer, or director of the cemetery if the cemetery
					 is a corporation or LLC.
Miss. Code Ann.
					 §
											41-43-37(7)(Rev.
					 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 2 - Mississippi Perpetual Care Cemetery Rules › Chapter 3 - Examination and Enforcement › Rule 1-12-2-3.2 - Pre-Installation of Vaults

Current through June 25, 2024
No grave space may be opened for the sole purpose of
					 installing a vault. Any vault purchased must be installed in the grave space at
					 the time human remains are interred. Lawn crypts are exempt from this
					 rule.
Miss. Code Ann.
					 §
											41-43-37(7)(Rev.
					 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 2 - Mississippi Perpetual Care Cemetery Rules › Chapter 3 - Examination and Enforcement › Rule 1-12-2-3.3 - Recordkeeping

Current through June 25, 2024
Every perpetual care cemetery shall maintain continuously
					 and at all times an up-to-date record of the persons buried in the cemetery or
					 entombed within a mausoleum or columbarium; the date of burial or entombment; a
					 map of the designated lot for burial or entombment as well as a map of lots,
					 burial spaces, mausoleum crypts or columbarium niches that have been sold. The
					 map or plat shall also contain up-to-date designations indicating committed or
					 planned designations of burial lots, crypt, niche, or mausoleum spaces for
					 future use. Additionally, the Secretary of State may require those maps to be
					 produced to a designated representative at any time. These records and any
					 records regarding the trusting of perpetual care funds shall be maintained on
					 the premises of the establishment and shall be maintained in an auditable
					 format.
Miss. Code Ann.
					 §
											41-43-37(7)
					 and 40 (Rev. 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 2 - Mississippi Perpetual Care Cemetery Rules › Chapter 3 - Examination and Enforcement › Rule 1-12-2-3.4 - Trusting requirements

Current through June 25, 2024
A. The owner of
				  every cemetery, subject to the provisions of Section
				  41-43-31 et
				  seq., that is organized, begins or continues to do business in the State of
				  Mississippi after July 1, 2009, shall provide for the creation and
				  establishment of an irrevocable perpetual care trust fund, the principal of
				  which shall permanently remain intact except as hereinafter provided and only
				  the income thereof shall be devoted to the perpetual care of the cemetery. The
				  perpetual care trust fund shall not be subject to the claims of the cemetery's
				  creditors and shall not be used as collateral, pledged, encumbered or placed at
				  risk. This fund shall be created and established as follows:
1) In respect to a cemetery for earth
				  burials, by the application and payment thereto of an amount equivalent to
				  fifteen percent (15%) of the sale price, or Forty Cents (40") per square foot
				  of ground interment rights sold, whichever is greater;
2) In respect to an above-ground community or
				  public mausoleum, by the application and payment thereto of an amount
				  equivalent to five percent (5%) of the sale price, or Fifty Dollars ($50.00)
				  per crypt sold, whichever is greater; and
3) In respect to a community columbarium, by
				  the application and payment thereto of an amount equivalent to five percent
				  (5%) of the sale price, or Ten Dollars ($10.00) per niche sold, whichever is
				  greater.
For any sale of a lot for an earth burial, mausoleum crypt
					 or columbarium niche in which payment is made by the purchaser on an
					 installment basis over time, the percentage required to be trusted shall be
					 paid into the perpetual care trust fund calculated on each payment.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 2 - Mississippi Perpetual Care Cemetery Rules › Chapter 3 - Examination and Enforcement › Rule 1-12-2-3.5 - Cemetery Rules and Regulations

Current through June 25, 2024
The owner of any cemetery may make and enforce reasonable
					 rules and regulations for the use, care control, management, restriction, and
					 protection of such cemetery.
Miss. Code Ann.
					 §
											41-43-37(7)
					 and 40 (Rev. 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 2 - Mississippi Perpetual Care Cemetery Rules › Chapter 4 - Administrative Hearing Procedures › Rule 1-12-2-4.1 - Hearing Procedure Variance

Current through June 25, 2024
The Secretary of State may grant variances from these
					 Rules if it is determined that application of the Rules would, in the
					 particular case, be unnecessarily burdensome, and such variance would not be
					 inconsistent with the public policy purposes of the Law.
Miss. Code Ann.
					 §
											41-43-37(7)(Rev.
					 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 2 - Mississippi Perpetual Care Cemetery Rules › Chapter 4 - Administrative Hearing Procedures › Rule 1-12-2-4.2 - Severability

Current through June 25, 2024
If any one or more of these Rules, or any part of any Rule
					 is found to be invalid by any court of competent jurisdiction, such finding
					 shall not affect the validity of any other Rule or the remaining content of any
					 part of a Rule that is not found to be invalid. Further, if any one or more of
					 these Rules, or any part of any Rule, is superseded, amended, or contradicted
					 by subsequent legislation, such amendment or change by subsequent legislation
					 in no way invalidates any other part of a Rule or any other Rules not addressed
					 or impacted by subsequent legislative action.
Miss. Code Ann.
					 §
											41-43-37(7)(Rev.
					 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 2 - Mississippi Perpetual Care Cemetery Rules › Chapter 4 - Administrative Hearing Procedures › Rule 1-12-2-4.3 - Oral opinions

Current through June 25, 2024
Oral or informal opinions by the staff of the Division as
					 to the applicability of the Law and oral or informal representations by the
					 staff of the Division concerning the status of filings made with the Division
					 are not binding upon the Division. Requestors can obtain a written declaratory
					 opinion from the Division by following the procedures described in the
					 Secretary of State's Rule on Declaratory Opinions. A non-refundable fee of One
					 Hundred Fifty Dollars ($150.00) must accompany each request.
Miss. Code Ann.
					 §
											41-43-37(7)(Rev.
					 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 2 - Mississippi Perpetual Care Cemetery Rules › Chapter 4 - Administrative Hearing Procedures › Rule 1-12-2-4.4 - Administrative Hearing Procedures

Current through June 25, 2024
A. Written notice
				  shall be provided to any establishment or other person against whom the
				  Attorney General or Secretary of State intends to institute an administrative
				  hearing pursuant to the Law or these Rules. At least twenty (20) calendar days
				  of notice shall be given to the establishment or other person prior to the
				  hearing unless the establishment or other person notified consents or the
				  Division has authority to do so under applicable statute. Notice is effective
				  on date of issue.
B. Such notice
				  shall be by certified mail, return receipt requested, and shall set forth the
				  date, time and place for the administrative hearing.
C. Any Party wishing to appear or introduce
				  evidence or other testimony at the administrative hearing shall, no later than
				  four (4) business days prior to the hearing date, file with the Hearing Officer
				  and the opposing party a list of witnesses which it intends to call to testify
				  or to otherwise give evidence. The list shall contain for each witness:
1) Name;
2) Residential and business address, if
				  known;
3) Residential and business
				  telephone number, if known;
4) A
				  brief summary statement indicating the substance of the person's expected
				  testimony.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 3 - Mississippi Preneed Contracts Loss Recovery Association Rules › Chapter 1 - Association › Rule 1-12-3-1.1 - Name

Current through June 25, 2024
The name of the Association shall be the Preneed Loss
					 Recovery Association.
Miss. Code Ann.
					 §
											75-63-81(9)(Rev.
					 2009).