(a) This article shall be known and may be cited as the Alabama Preneed Funeral and Cemetery Act of 2023.
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Terms Used In Alabama Code 34-13-170

  • Contract: A legal written agreement that becomes binding when signed.
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
(b)

(1) The Alabama Board of Funeral Services succeeds to and is vested with the powers, duties, and functions of the Department of Insurance relating to the regulation of endowment care, preneed sales contracts, and the licensing of preneed sales agents.
(2) All records of the Department of Insurance relating to the regulation of preneed sales contracts, endowment care, and the licensing of preneed sales agents are transferred to the board.
(3) The status of any person properly licensed by the Department of Insurance under the former Chapter 17A of Title 27, on the effective date of the act adding this subdivision, shall continue under the board.
(4) The administrative rules of the Department of Insurance existing on the effective date of the act adding this subdivision shall remain in effect as administrative rules of the board until added, amended, or repealed by the board.
(5) The existence and functioning of the Alabama Preneed Funeral and Cemetery Act, created and functioning pursuant to Sections 27-17A-1 to 27-17A-57, inclusive, is continued as the Alabama Preneed Funeral and Cemetery Act of 2023, under this article. All rights, duties, and obligations existing in the name of the Department of Insurance, relating to endowment care, preneed sales contracts, and preneed sales agent licenses, shall continue under the board. Any reference to the Department of Insurance in any existing law, contract, or other instrument relating to endowment care, preneed sales contracts, and preneed sales agent licenses, shall be deemed a reference to the board.
(6) The transfer of the regulation of preneed contracts and the licensing of preneed sales agents from the Department of Insurance to the board shall not affect the rights of any person held before the effective date of the act adding this subdivision, as those rights relate to any preneed trust funds, endowment care trust funds, or any other funds held in trust pursuant to the Alabama Preneed Funeral and Cemetery Act.
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