{"data":{"id":"us-ok/okla.-stat.-tit.-36-36-7106","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 36, § 36-7106","heading":"Permit required — Annual fee and report — Examination of","body":"books and records.\n\nA. No owner of a cemetery shall maintain a Perpetual Care Trust\n\nFund, or certificate of deposit in lieu of a Perpetual Care Trust\n\nFund, unless the owner has received a permit from the Insurance\n\nCommissioner. Initial and renewal permit applications shall be\n\nfiled electronically in the manner and form prescribed by the\n\nCommissioner, along with a two-hundred-dollar application fee and\n\nany transaction or other applicable fees. The permit shall expire\n\non March 15 of each calendar year unless it is renewed by the permit\n\nholder. A permit expired for failure to submit a renewal\n\napplication and fee may be reinstated within ninety (90) days after\n\nthe expiration date by electronically filing a renewal application,\n\npaying a fee in an amount that is double the renewal fee, and paying\n\nany transaction or other applicable fees in the form and manner\n\nprescribed by the Commissioner. The Commissioner shall require a\n\npermit holder whose permit has been expired for more than ninety\n\n(90) days to reapply as if a new applicant and pay an application\n\nfee equal to an amount that is double the renewal fee, in addition\n\nto any other fines imposed. Any application received after the\n\npermit has been expired for more than ninety (90) days shall include\n\na detailed report of Perpetual Care Trust Fund services provided in\n\nthis state during the period that the permit was expired.\n\nB. The owner of a cemetery maintaining a Perpetual Care Trust\n\nFund or certificate of deposit in lieu of a Perpetual Care Trust\n\nFund shall, by March 15 of each calendar year, electronically file a\n\nreport and pay any applicable fees in the manner and form prescribed\n\nby the Commissioner. Such report shall show, for the preceding\n\ncalendar year:\n\n1. The gross amount received from sales of grave spaces, lots,\n\nmausoleum crypts and niches;\n\n2. The total purchase price of grave spaces, lots, mausoleum\n\ncrypts and niches on contracts which received final payment and\n\nrequired deposits to the Perpetual Care Fund during the calendar\n\nyear;\n\n3. The operating expenses incurred during the calendar year\n\nwhich are eligible to be paid from income of the Perpetual Care\n\nFund;\n\n4. The total amount of the principal of the Perpetual Care Fund\n\nas of the beginning of the preceding calendar year; and\n\n5. The amount segregated and deposited in the Perpetual Care\n\nFund as provided by the Perpetual Care Fund Act which, if the\n\nPerpetual Care Fund is held in trust, shall be certified by the\n\ntrustee of the Perpetual Care Fund as to correctness thereof, and\n\nthe trustee shall provide:\n\na. the total amount of the principal of the Perpetual\n\nCare Fund as of the end of the calendar year,\n\nb. the securities and other assets in which such\n\nperpetual care funds are invested,\n\nc. the cash on hand,\n\nd. a verification in writing of all assets in which\n\nmonies of the Perpetual Care Fund have been invested;\n\nprovided, the verification shall be obtained from the\n\nholder or holders of the assets,\n\ne. the income derived from the Perpetual Care Fund\n\ninvestments during the calendar year, and\n\nf. the gross expenditures or transfers from income of the\n\nPerpetual Care Fund during the calendar year.\n\nThe annual fee collected pursuant to this subsection shall be\n\ndeposited in the State Insurance Commissioner Revolving Fund created\n\npursuant to Section 307.3 of this title.\n\nC. If the Perpetual Care Fund is maintained in a certificate of\n\ndeposit in lieu of a trust fund, the cemetery shall provide in its\n\nannual report a verification from the financial institution as to\n\nthe amount of principal of the Perpetual Care Fund as of the end of\n\nthe calendar year, and the amount of funds contributed to the\n\ncertificate of deposit by the cemetery as of each maturity date of\n\nthe certificate of deposit during the last calendar year.\n\nD. The Commissioner shall have authority, at any time, to\nprovide in its\n\nannual report a verification from the financial institution as to\n\nthe amount of principal of the Perpetual Care Fund as of the end of\n\nthe calendar year, and the amount of funds contributed to the\n\ncertificate of deposit by the cemetery as of each maturity date of\n\nthe certificate of deposit during the last calendar year.\n\nD. The Commissioner shall have authority, at any time, to\n\ninspect the books and records of any cemetery, and to make an\n\nexamination thereof for the purpose of determining if proper sums\n\nhave been deposited with the trustee in the Perpetual Care Fund, or\n\nin a certificate of deposit maintained in lieu of a trust fund, and\n\nif the Fund is being properly administered by the trustee in\n\naccordance with the provisions of the Perpetual Care Fund Act and\n\nrules of the Commissioner. The examination shall be conducted\n\npursuant to Sections 309.1 through 309.7 of this title and the cost\n\nof the examination shall be paid by the cemetery owner. The cost of\n\nthe examination shall be billed directly to the cemetery owner by\n\nthe examiner. Each cemetery owner and trustee is responsible for\n\nmaintaining satisfactory books and records which adequately justify\n\nall information contained in the annual report required by this\n\nsection.\n\nE. Whenever a cemetery owner and/or trustee refuses to submit\n\nthe books, records, papers, and instruments of the cemetery to the\n\nexamination and inspection of the assistants or examiners of the\n\nInsurance Commissioner, or refuses or neglects to establish or\n\nmaintain a Perpetual Care Trust Fund in accordance with the\n\nrequirements of the Perpetual Care Fund Act within ninety (90) days\n\nafter a written demand to establish or maintain a Perpetual Care\n\nFund is made by the Commissioner, or in any manner obstructs or\n\ninterferes with the examination of its cemetery or refuses to be\n\nexamined on oath concerning any of the affairs of its cemetery, the\n\nCommissioner may make application for receivership in the manner of\n\na domestic insurer pursuant to Sections 1901 through 1920 of this\n\ntitle.","path":["OK Code","Title 36"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os36.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"ea375eafedd80644f920c67068719a0f4da328d771ecb4de78fd2a52f3da2617","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-36-36-7105","next":"us-ok/okla.-stat.-tit.-36-36-7107"},"notice":"GroundRules: Original legal text. Not legal advice."}