NEW RULES ON THE REGISTRATION AND SALE OF PRE-NEED PLANS
UNDER SECTION 16 OF THE SECURITIES REGULATION CODE

Rule 8. Suspension Of  Permit To Sell of  Pre-Need Plans 

8.1.    If, at any time the information contained in the Registration Statement filed is or has become materially misleading, incorrect, inadequate or incomplete or the sale or offering for sale of the Pre-Need Plans covered thereby may work or tend to work a fraud or prejudice the investing public, the Commission may require the issuer such further information necessary or conduct an investigation to ascertain whether the registration or Permit To Sell such Pre-Need Plan should be cancelled on any of the grounds set forth in  Rule 9.1. 

8.2.    The Commission may suspend the Permit To Sell such Pre-Need plan pending further investigation, by entering an order specifying the grounds for such action and by notifying by mail, personally, by telephone confirmed in writing, or by telegraph, the issuer and every general agent who shall have notified the Commission of an intention to sell such Pre-Need Plan.  

8.3.    Refusal to furnish information required by the Commission within the time fixed by the Commission, may be a proper ground for the entry of such Order of suspension.  

8.4.    The Order, although binding on the person notified thereof, shall be deemed confidential and shall not be published.  Upon the entry of such order of suspension, no further sales of such Pre-Need Plan shall be made until the Commission orders otherwise. 

8.5.    In the event of the entry of an order of suspension, the Commission shall give a prompt hearing to the parties involved.  If upon such hearing, the Commission shall determine that the Permit To Sell  of any such Pre-Need Plan should be cancelled on any ground specified herein, it shall enter a final order cancelling the registration and the Permit To Sell and prohibiting the sale of such Pre-Need Plan. If, however, upon such hearing the Commission finds that the sale of  the Plans will neither be fraudulent nor result in fraud, it shall  forthwith enter an order lifting the order of suspension, and the Pre-Need Plan shall be restored to its status as a registered Pre-Need Plan contract under the Code, as of the date of such order of suspension. 

8.6.    Travel bans may be recommended to be issued by the appropriate authority on all the officers and directors of the issuer, upon issuance of a Cease and Desist Order or Order of suspension.

 

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