Current through Rules and Regulations filed through March 20, 2024
(1) Corporate and
Financial Records.Each preneed dealer required to register with the Secretary
of State shall keep and maintain its business and financial records for the
preneed dealer and its preneed escrow account as segregated records separate
and apart from the records of any other preneed dealer, financial accounts, or
business, including any other business of the preneed dealer, preneed dealer
salespersons, or escrow account agent.
(2) Sales Contracts.
(a) Sales of burial and funeral merchandise
and services by or on behalf of a preneed dealer required to register with the
Secretary of State shall be made and evidenced by a written sales contract.
1. The sales contracts for each preneed
dealer shall be consecutively numbered in one continuous numerical
sequence.
2. If the sales contract
also includes items, property, or services sold by a cemetery required to be
registered with the Secretary of State, the sales contracts shall be in
sequential numerical order as outlined in Rule
590-3-3-.03(1) so
that all sales contracts will be consecutively numbered for the entire
cemetery.
3. Each preneed dealer
shall maintain a legible copy (photostatic or otherwise) of every executed
sales contract. Said copies shall be available for inspection upon request by
representatives of the Secretary of State.
(b) Any additional sales to or material
contractual modifications or amendments with previous purchasers shall be made
pursuant to a new contract with a new contract number.
(3) Sales Journal. Each preneed dealer
required to register with the Secretary of State shall keep and maintain a
sales journal at the preneed dealer's principal place of business. Said sales
journal shall contain, at a minimum, the following items:
(a) A record of each individual sales
contract, indicating the sales contract number;
(b) The date of execution of each specified
sales contract;
(c) The name of the
person who purchased burial merchandise pursuant to each specified sales
contract;
(d) The total sales price
of the merchandise subject to each specified sales contract;
(e) The total amount due to the preneed
escrow account(s);
(f) A list of
burial merchandise sold pursuant to each specified sales contract;
and
(g) An indication whether the
contract is an at need or preneed sale.
(4) Joint Sales Record. If a person, as
defined by the Act, is registered with the Secretary of State both as a
cemetery and as a preneed dealer, the required records regarding sales
contracts and sales journal to be kept pursuant to Rules
590-3-3-.03 and
590-3-3-.04 shall be kept jointly so
that there will be one sales journal with consecutively numbered sales
contracts for the entire cemetery.
(5) Burial Merchandise Inventory Log.
(a) A log shall be kept of all delivered
burial merchandise. Said log shall contain the name of the purchaser, the
number of the sales contract, the date the sales contract was executed, and the
date the merchandise was delivered.
(b) Each item of delivered burial merchandise
shall have the number of the sales contract under which it was sold affixed to
it.
(c) The circumstances or acts
that constitute delivery for the purposes of this Rule shall be the same as
those stated in Rule
590-3-4-.02 and the Act.
(d) The burial merchandise inventory log
shall be maintained in this state and shall be available for inspection upon
request by the representatives of the Secretary of State.
O.C.G.A. Secs.
10-14-14, 44-3-134, 44-3-137, 44-3-139.
