Merchandise Dealers

The Georgia Cemetery and Funeral Services Act of 2000 provides that unless exempt, it is unlawful for any person to offer for sale or sell any burial merchandise to a consumer in Georgia unless such person is registered as a merchandise dealer.  O.C.G.A. § 10-14-4.

Registration
Exemptions
Renewal of Registration
Definitions
Download Forms

Registration

• Application for Registration as a Burial or Merchandise Dealer (Form C-4)
   

• A filing fee of $100
   

• Corporate Consent to Service of Process (Form C-5): This form only needs to be completed and attached to the application (Form C-1) if the applicant is a corporation.

• Directors’ Resolution Providing Irrevocable Corporate Consent to Service of Process (Form C-6)
   

• Individual or Partnership Consent to Service of Process (Form C-7): This form only needs to be completed and attached to the application (Form C-1) if the applicant is an individual or a partnership.

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Exemptions 

Persons exempt from registration as a merchandise dealer under the Act include the following:

• any registered cemetery owner;

• the owner of any cemetery exempt from registration that sells burial or funeral merchandise for use at their cemetery;

• any licensed funeral director;

• any person providing interment and disinterment services at cemeteries exempt from registration;

• any monument manufacture or dealer who does not install monuments in cemeteries required to be registered;

• any person who does not offer for sale or sell burial or funeral services or merchandise to the general public; and/or

• any registered preneed dealer.

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Renewal of Registration

A merchandise dealer registration must be renewed by August 1^st of each year. A renewal application and fee of $50.00 must be submitted to the State Board of Cemeterians by August 1^st of each year to renew registration as a merchandise dealer.

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Insurance & Bonding Requirements

CONSUMERS SHOULD BE AWARE THAT IN ORDER FOR A MERCHANDISE DEALER TO INSTALL MERCHANDISE IN A PERPETUAL CARE CEMETERY, THE CEMETERY CAN REQUIRE THE MERCHANDISE DEALER TO BE REGISTERED WITH THE State Board of Cemeterians AND BE BONDED AND INSURED.  SEE GEORGIA REGULATION 590-3-5-.01; 590-3-5-.02.

Definitions [O.C.G.A. § 10-14-3]

“BURIAL MERCHANDISE, FUNERAL MERCHANDISE OR MERCHANDISE” is any personal property offered or sold by any person for use in connection with the final disposition, memorialization, interment, entombment, or inurnment of human remains.

For more definitions, please see O.C.G.A. § 10-14-3.

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Download Forms

• Application for Registration as a Burial or Merchandise Dealer (Form C-4)

• Corporate Consent to Service of Process (Form C-5)

• Directors’ Resolution Providing Irrevocable Corporate Consent to Service of Process (Form C-6)

• Individual or Partnership Consent to Service of Process (Form C-7)

• Merchandise Dealers Bond - $10,000 (Form 10K-Bond)
• Merchandise Dealers Bond - $25,000 (Form 25K-Bond)

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The above listing includes forms available online, but is not an all-inclusive listing of forms required for registration or renewal. Please refer to O.C.G.A. 10-14-4(b)(3) and State of Georgia Regulation 590-3-1-.10.

Please note: The Securities Division posts this material for the convenience of its users. This material does not necessarily include all of the information and forms relevant for the filing, registration or renewal of entities or products regulated by the Securities Division. A user of the information and forms provided on this Web page should review applicable Georgia law in order to determine whether the user is in compliance with the various filing, registration or renewal requirements. The information contained in this website does not constitute legal advice. The Secretary of State encourages all interested individuals to consult their own attorneys should they have questions regarding legal interpretations of Georgia statutes or regulations.