§ 62-5-404 — Registration requirement

(a) With the exception of a funeral director licensed in this state, an individual shall not offer or sell pre-need funeral contracts without first registering with the commissioner as a pre-need sales agent. An individual shall not sell, solicit, or negotiate prearrangement insurance policies without first registering with the commissioner as a pre-need sales agent and obtaining an insurance producer license pursuant to the Tennessee Insurance Producer Licensing Act of 2002, compiled in title 56, chapter 6, part 1. (b) No funeral establishment or other individual, firm, partnership, company, corporation, or association may offer or sell pre-need funeral contracts without first registering with the commissioner as a pre-need seller. A funeral establishment or other individual, firm, partnership, company, corporation, or association with more than one (1) physical location in this state shall obtain a separate registration for each physical location where it acts as a pre-need seller. (c) This section does not apply to a person who is licensed under § 62-5-305 and is selling pre-need funeral contracts only on behalf of a funeral home that is owned, in whole or in part, by that person. However, that person remains subject to title 56, chapter 6, part 1.

Legislative History

Amended by 2022 Tenn. Acts, ch. 1014, s 1, eff. 5/9/2022. Amended by 2021 Tenn. Acts, ch. 549, s 15, eff. 10/1/2021. Acts 2007 , ch. 592, § 5.