(1) A contract seller may surrender a license by:
Filing written notice with the commissioner;
Submitting a list of all outstanding preneed contracts, including the name of the contract buyer, the method of funding for the preneed contract, the preneed contract price, the amount of funds received, and the amount of funds held in trust;
Paying all outstanding fines and invoices due to the state of Colorado; and(d) Submitting the current certificate of authority.
Upon receipt of the notice, the commissioner shall review the preneed contract seller's trust funds and evidence of all outstanding preneed contracts.
Upon determining that the available assets are sufficient to meet any remaining preneed contract liabilities, the commissioner shall deactivate the license.
The contract seller shall continue to keep the trust fund intact and in trust after thelicense is inactive, and the trustee shall disburse the funds in trust in accordance with preneed contracts until the funds are exhausted.
The commissioner has jurisdiction over the inactive contract seller and to require thereports required by section 10-15-104 and inspect the records required by this article so long as there are funds in trust or preneed contracts that are not fulfilled. When the funds in trust are exhausted or each preneed contract is fulfilled, the commissioner shall finally cancel the license of the contract seller.
Upon a finding that an emergency exists that will harm consumers, the commissionermay by order administer preneed contracts and accounts if the business of the contract seller closes due to financial insolvency, criminal activity, or license suspension.
Source: L. 95: Entire article R&RE, p. 1044, § 1, effective May 25. L. 2013: Entire section amended, (SB 13-125), ch. 287, p. 1520, § 7, effective August 7.
Editor's note: This section is similar to former § 10-15-116 as it existed prior to 1995.