Iowa Code 523A.204 – Preneed seller annual reporting requirements
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Terms Used In Iowa Code 523A.204
- Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
- year: means twelve consecutive months. See Iowa Code 4.1
523A.204 Preneed seller annual reporting requirements.
1. A preneed seller shall file an annual report with the commissioner not later than April
15 on a form prescribed by the commissioner.
2. A preneed seller filing an annual report shall pay a filing fee of ten dollars per purchase agreement sold during the year covered by the report. Duplicate filing fees are not required for the same purchase agreement. If a purchase agreement has multiple sellers, the filing fee shall be paid by the preneed seller actually providing the merchandise and services.
3. All records maintained by the commissioner under this section shall be confidential pursuant to § 22.7, subsection 58, and shall not be made available for inspection or copying except upon the approval of the commissioner or the attorney general, or except when sought by the preneed seller to whom the records relate. Such records shall be privileged and confidential in any judicial or administrative proceeding except any of the following:
a. An action commenced by the commissioner.
b. An administrative proceeding brought by the insurance division.
c. An action or proceeding which arises out of the criminal provisions of the laws of this state or of the United States.
d. An action brought by the insurance division or the attorney general to recover moneys for embezzlement, misappropriation, or misuse of trust funds.
4. The commissioner may impose a late fee of five dollars for each day after April 15 that a preneed seller fails to file the preneed seller’s annual report. The maximum late fee that may be imposed under this subsection is five hundred dollars. The fee shall be collected by the commissioner and deposited pursuant to § 505.7.
2001 Acts, ch 118, §22; 2007 Acts, ch 175, §11; 2009 Acts, ch 102, §1, 3; 2009 Acts, ch 181,
§91; 2010 Acts, ch 1121, §23; 2015 Acts, ch 128, §27, 28, 50, 51; 2021 Acts, ch 181, §34, 35
Referred to in §22.7(58), 523A.404, 523A.501, 523A.807, 523A.812, 523A.814
Payment of examination fee also required, see §523A.814
1. A preneed seller shall file an annual report with the commissioner not later than April
15 on a form prescribed by the commissioner.
2. A preneed seller filing an annual report shall pay a filing fee of ten dollars per purchase agreement sold during the year covered by the report. Duplicate filing fees are not required for the same purchase agreement. If a purchase agreement has multiple sellers, the filing fee shall be paid by the preneed seller actually providing the merchandise and services.
3. All records maintained by the commissioner under this section shall be confidential pursuant to § 22.7, subsection 58, and shall not be made available for inspection or copying except upon the approval of the commissioner or the attorney general, or except when sought by the preneed seller to whom the records relate. Such records shall be privileged and confidential in any judicial or administrative proceeding except any of the following:
a. An action commenced by the commissioner.
b. An administrative proceeding brought by the insurance division.
c. An action or proceeding which arises out of the criminal provisions of the laws of this state or of the United States.
d. An action brought by the insurance division or the attorney general to recover moneys for embezzlement, misappropriation, or misuse of trust funds.
4. The commissioner may impose a late fee of five dollars for each day after April 15 that a preneed seller fails to file the preneed seller’s annual report. The maximum late fee that may be imposed under this subsection is five hundred dollars. The fee shall be collected by the commissioner and deposited pursuant to § 505.7.
2001 Acts, ch 118, §22; 2007 Acts, ch 175, §11; 2009 Acts, ch 102, §1, 3; 2009 Acts, ch 181,
§91; 2010 Acts, ch 1121, §23; 2015 Acts, ch 128, §27, 28, 50, 51; 2021 Acts, ch 181, §34, 35
Referred to in §22.7(58), 523A.404, 523A.501, 523A.807, 523A.812, 523A.814
Payment of examination fee also required, see §523A.814