Types of Financing; Preneed Contracts

PURPOSE: This rule identifies the acceptable funding mechanisms for preneed contracts. (1) Preneed contracts shall only be funded by— (A) A preneed trust as defined by section 436.405.1(9), RSMo; (B) An insurance policy or single premium annuity contract as defined by section 436.405.1(4), RSMo; or (C) A joint account as defined by section 436.405.1(5), RSMo. (2) Preneed contracts funded by any other mechanism shall be non-compliant with the requirements of sections 436.400 to 436.520, RSMo. All non-compliant preneed contracts shall still be subject to regulation by the board under sections 436.400 to 436.520, RSMo. AUTHORITY: sections 333.340, 436.405, and 436.520, RSMo 2016.* Emergency rule filed Dec. 4, 2009, effective Dec. 14, 2009, expired June 11, 2010. Original rule filed Dec. 4, 2009, effective June 30, 2010. Amended: Filed Dec. 30, 2025, effective June 30, 2026. *Original authority: 333.340, RSMo 2009; 436.405, RSMo 2009, amended 2011; and 436.520, RSMo 2009.