(a) A certificate holder shall be considered inactive upon the acceptance of the surrender of its license by the board or upon the nonreceipt by the board of the certificate of authority renewal application and fees.
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Terms Used In Alabama Code 34-13-197

  • Contract: A legal written agreement that becomes binding when signed.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • following: means next after. See Alabama Code 1-1-1
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(b) A certificate holder shall cease all preneed sales to the public upon becoming inactive. The certificate holder shall collect and deposit into trust all of the funds paid toward preneed contracts sold prior to becoming inactive.
(c) Any certificate holder desiring to surrender its license to the board shall first do all of the following:

(1) File notice with the board.
(2) Submit copies of its existing trust agreements.
(3) Submit a sample copy of each type of preneed contract sold.
(4) Resolve to the satisfaction of the board all findings and violations resulting from the last examination conducted.
(5) Pay all outstanding fines and invoices due the board.
(6) Submit its current certificate of authority.
(d) Upon receipt of the notice, the board shall review the certificate holder’s trust funds, trust agreements, and evidence of all outstanding preneed contracts.
(e) After a review to the satisfaction of the board, the board shall terminate the certificate of authority by an order which shall set forth the conditions of termination established by the board to ensure that the preneed funds will be available for their intended purpose.
(f) The trust fund of the certificate holder shall be held intact and in trust after the certificate holder has become inactive, and the funds in that trust shall be disbursed in accordance with the requirements of the written contracts until the funds have been exhausted.
(g) The board shall continue to have jurisdiction over the inactive certificate holder as if the certificate were active and to require the reports and inspect the records as the board deems appropriate so long as there are funds in trust or preneed contracts that are not fulfilled.
(h) Other terms of revocation or suspension ordered pursuant to this chapter may apply.
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