|
Rule
13. Disclosure to Prospective Planholders
13.1. No
Pre-Need Plans registered with the SEC shall be sold unless an Information
Brochure has been filed pursuant to Rule 4.1,par.4 (c) and approved by the SEC
together with the Registration Statement and is made available to the
prospective Planholder .
13.2. The Information Brochure shall contain the following information:
a.) Name, address, telephone number and identity of the person to contact to
answer any questions or address any complaint;
b.) The name and address of the trustee who will manage the Trust Fund;
c.) Name, address, telephone number and identity of agent, if any;
d.) A statement that the salesmen of the Pre-Need Company or the Agent has
been authorized to sell Pre-Need Plans and licensed by the SEC, indicating that
the Planholder can check these data with the office of the Pre-Need Company or
the Agent;
e.) A statement that :
i.) The Pre-Need Company is required to contribute a certain percentage of
payments received to a Trust Fund to be administered by a Trustee ;
ii.)
To monitor the performance of the Trust Fund and the solvency of the
Pre-Need Company, the Pre-Need Plan Company is required to file financial
statements and audited reports with the SEC which may be inspected by
Planholders at the Non-Traditional Securities and Instruments Dept.;
iii.)
Any default in payment which
continues for more than two (2)
years from date of lapse of the
grace period of sixty (60 ) days will result in the cancellation of the plan
contract and the forfeiture of any claims of the Planholder.
13.3. An Information Brochure shall not be used
if the information contained therein is outdated or does not accurately
reflect the terms of the Plan or
the financial ability of the Pre-Need Company through the use of Trust Fund
Assets. In such cases the Pre-Need Company shall submit an updated Information
Brochure for approval of the SEC.
13.4. The SEC may suspend the Permit to sell Pre-Need Plans when there is a
material change in the Information contained in the Information Brochure.
Back
Go Top Next
|