Title XXVIII — CONTRACTS AND CONTRACTUAL RELATIONS

436.405. Definitions. — 1. As used in sections 436.400 to 436.520, unless the context otherwise requires, the following terms shall mean: (1) "Beneficiary", the individual who is to be the subject of the disposition or who will receive funeral services, facilities, or merchandise…

436.410. Applicability exceptions. — The provisions of sections 436.400 to 436.520 shall not apply to any contract or other arrangement sold by a cemetery operator for which payments received by or on behalf of the purchaser are required to be placed in an endowed care fund or fo…

436.412. Violations, disciplinary actions authorized — governing law for contracts. — Each preneed contract made before August 28, 2009, and all payments and disbursements under such contract shall continue to be governed by this chapter as the chapter existed at the time the con…

436.415. Provision of certain services required by provider — seller's duties. — 1. Except as otherwise provided in sections 436.400 to 436.520, the provider designated in a preneed contract shall be obligated to provide final disposition, funeral or burial services and facilitie…

436.420. Written contract required, contents — notification to board of provider authorization — seller to provide copy of contract to board upon request. — 1. No person shall be designated as a provider in a preneed contract unless the provider has a written contractual agreemen…

436.425. Contract form, requirements — voidability of contract — waiver of contract benefits for public assistance recipients. — 1. All preneed contracts shall be sequentially numbered and in writing and in a font type and size that are easily read, and shall clearly and conspicu…

436.430. Trust-funded preneed contract requirements. — 1. A trust-funded guaranteed preneed contract shall comply with sections 436.400 to 436.520 and the specific requirements of this section. 2. A seller must deposit all payments received on a preneed contract into the designat…

436.435. Compliance of contracts entered into prior to effective date — investment of trust property and assets — loans against assets prohibited. — 1. To the extent that any provisions in this chapter which come into effect on August 28, 2009, apply to trusts governed under this…

436.440. Provisions applicable to all preneed trusts. — 1. The provisions of this section shall apply to all preneed trusts, including trusts established before August 28, 2009. 2. A preneed trustee may delegate to an agent duties and powers that a prudent trustee of comparable s…

436.445. Trustee not to make decisions, when. — A trustee of any preneed trust, including trusts established before August 28, 2009, shall not after August 28, 2009, make any decisions to invest any trust fund with: (1) The spouse of the trustee; (2) The descendants, siblings, pa…

436.450. Insurance-funded preneed contract requirements. — 1. An insurance-funded preneed contract shall comply with sections 436.400 to 436.520 and the specific requirements of this section. 2. A seller, provider, or any preneed agent shall not receive or collect from the purcha…

436.455. Joint account-funded preneed contract requirements. — 1. A joint account-funded preneed contract shall comply with sections 436.400 to 436.520 and the specific requirements of this section. 2. In lieu of a trust-funded or insurance-funded preneed contract, the seller and…

436.456. Cancellation of contract, when, procedure. — At any time before final disposition, or before the funeral or burial services, facilities, or merchandise described in a preneed contract are furnished, the purchaser may cancel the contract, if designated as revocable, witho…

436.457. Seller's right to cancel, when, procedure. — 1. A seller shall have the right to cancel a trust-funded or joint-account funded preneed contract if the purchaser is in default of any installment payment for over sixty days. 2. Prior to cancelling the contract, the seller …

436.458. Alternative provider permitted, when. — 1. A purchaser may select an alternative provider as the designated provider under the original contract if the purchaser notifies the seller and original provider in writing of the purchaser's intent, stating the name of the alter…

436.460. Seller report to board required, contents — fee — filing of reports. — 1. Each seller shall file an annual report with the board which shall contain the following information: (1) The contract number of each preneed* contract sold since the filing of the last report with…

436.465. Record-keeping requirements of seller. — A seller shall maintain: (1) Adequate records of all preneed contracts and related agreements with providers, trustees of a preneed trust, and financial institutions holding a joint account established under sections 436.400 to 43…

436.470. Complaint procedure — violation, attorney general may file court action. — 1. Any person may file a complaint with the board to notify the board of an alleged violation of this chapter. The board shall investigate each such complaint. 2. The board shall have authority to…

436.480. Death or incapacity of purchaser, transfer of rights and remedies, to whom. — Upon the death or legal incapacity of a purchaser, all rights and remedies granted to the purchaser under sections 436.400 to 436.520 shall be enforceable by and accrue to the benefit of the pu…

436.485. Violations, penalties. — 1. Any person, including the officers, directors, partners, agents, or employees of such person, who shall knowingly and willfully violate or assist or enable any person to violate any provision of sections 436.400 to 436.520 by incompetence, mis…

436.490. Sale of business assets of provider — report to board required, contents. — 1. A provider that intends to sell or otherwise dispose of all or a majority of its business assets, or its stock if a corporation, shall notify the board at least sixty days prior to selling or …

436.500. Sale of business assets by seller, report to board required, contents. — 1. A seller that intends to sell or otherwise dispose of all or a majority of its business assets or its stock shall notify the board at least sixty days prior to selling or otherwise disposing of i…

436.505. Credit life insurance may be offered to purchaser. — A preneed contract may offer the purchaser the option to acquire and maintain credit life insurance on the life of the purchaser. Such insurance shall provide for the payment of death benefits to the seller in an amoun…

436.510. Seller's failure to make timely payment, effect of — rights of purchaser. — If a seller shall fail to make timely payment of an amount due a purchaser or a provider under the provisions of sections 436.400 to 436.520, the purchaser or provider, as appropriate, shall have…

436.520. Rulemaking authority. — 1. The board shall promulgate and enforce rules for administration and enforcement of sections 436.400 to 436.520 including the establishment of the amount of any fees authorized thereunder for the transaction of its business and for standards of …

436.525. Board to maintain certain personal information about purchaser — confidentiality of information. — The board shall maintain as a closed and confidential record, not subject to discovery unless the person provides written consent for disclosure, all personal information a…

436.550. Citation of law. — Sections 436.550 to 436.572 shall be known and may be cited as the "Consumer Legal Funding Act". ­­-------- (L. 2023 S.B. 103)

436.552. Definitions. — As used in sections 436.550 to 436.572, the following terms mean: (1) "Advertise", publishing or disseminating any written, electronic, or printed communication or any communication by means of recorded telephone messages or transmitted on radio, televisio…

436.554. Contract requirements. — 1. All consumer legal funding contracts shall meet the following requirements: (1) The contract shall be completely filled in when presented to the consumer for signature; (2) The contract shall contain, in bold and boxed type, a right of resciss…

436.556. Prohibited acts. — No consumer legal funding company shall: (1) Pay or offer to pay commissions, referral fees, or other forms of consideration to any attorney, law firm, medical provider, chiropractor, or physical therapist or any of their employees for referring a cons…

436.558. Predetermined payment to company, amount — limitation on length of contract term. — 1. The contracted amount to be paid to the consumer legal funding company shall be set as a predetermined amount based upon intervals of time from the funding date to the resolution date …

436.560. Disclosures, requirements. — All consumer legal funding contracts shall contain the disclosures specified in this section, which shall constitute material terms of the contract. Unless otherwise specified, the disclosures shall be typed in at least twelve-point bold-type…

436.562. Attorney general, no restriction on exercise of powers and duties — contract void, when. — 1. Nothing in sections 436.550 to 436.572 shall be construed to restrict the exercise of powers or the performance of the duties of the state attorney general that he or she is aut…

436.564. Assignment of potential proceeds of a legal claim — contract not a loan — priority of liens. — 1. The contingent right to receive an amount of the potential proceeds of a legal claim is assignable. 2. Nothing contained in sections 436.550 to 436.572 shall be construed to…

436.566. Financial interest in company, restrictions. — An attorney or law firm retained by the consumer in the legal claim shall not have a financial interest in the consumer legal funding company offering consumer legal funding to that consumer. Additionally, any practicing att…

436.568. Communications not discoverable, when — work-product doctrine and attorney-client privilege not abrogated. — No communication between the consumer's attorney in the legal claim and the consumer legal funding company necessary to ascertain the status of a legal claim or a…

436.570. License required, procedure — supervision and enforcement — cease and desist orders, civil penalty — license sanctions, when — examination and investigation of company, when — rulemaking authority. — 1. A consumer legal funding company shall not engage in the business of…

436.572. Discovery, usual rules to apply. — A consumer legal funding contract is a fact subject to the usual rules of discovery. ­­-------- (L. 2023 S.B. 103)

436.700. Citation of law — legal custodian of minors, settlement agreement for minor's legal claim, requirements — payment of settlement moneys, withdrawals — immunity from liability, when. — 1. The provisions of this section shall be known and cited as the "Missouri Statutory Th…