Preneed Sales Agents

All individuals who offer preneed contracts to the public, or who execute preneed contracts on behalf of any entity required to be registered as a preneed dealer, and all individuals who offer, sell, or sign contracts for the preneed sale of burial rights must be registered with the State Board of Cemeterians as preneed sales agents, unless such individuals are exempted or individually own a controlling interest in the preneed dealer registered. O.C.G.A. § 10-14-5.

NOTE: All preneed sales agents must be employed by a registered preneed dealer. [O.C.G.A. § 10-14-5(b)]

All preneed sales agents’ registrations are valid for 12 months from the effective date as stated on the preneed sales agent permit. The registration must be renewed on or before the expiration date each year with the payment of a $50.00 renewal fee.

“PRENEED CONTRACT” is any arrangement or method, of which the provider of burial or funeral merchandise or services has actual knowledge, whereby any person agrees to furnish burial or funeral merchandise or services in the future.

“PRENEED DEALER” is a person, other than a registered salesperson, who engages as agent, broker, or principal in the retail business of offering, selling, or otherwise dealing in funeral services or burial services or funeral or burial merchandise which is not attached to realty or delivered to the purchaser at the time of sale.

“SALESPERSON” or “SALES AGENT” is an individual employed or appointed or authorized by a cemetery, cemetery company, or preneed dealer to sell grave spaces, burial rights, burial or funeral merchandise, burial or funeral services, or any other right or thing of value in connection with the final disposition of human remains. The owner of a cemetery, the executive officers, and general partners of a cemetery company shall not be deemed to be salespersons within the meaning of this definition unless they are paid a commission for the sale of said property, lots, rights, burial or funeral merchandise, or burial or funeral services.

A preneed dealer who has registered a preneed sales agent must notify the State Board of Cemeterians within three business days of a change in such individual’s status as a preneed sales agent with such preneed dealer or upon the occurrence of any other event which would disqualify the individual as a preneed sales agent O.C.G.A 10-14-5(i). Upon termination the preneed dealer shall complete a Termination of Registration as a Preneed Salesperson (Form C-2A) and submit the form to the State Board of Cemeterians.

The following 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. 10-14-5 and State of Georgia Regulation 590-3-1-.10.

1. Recently, I hired a salesperson; what do I need to do to have him/her registered?

2. I own part of the preneed dealer funeral home. Do I need to register as a preneed salesperson?

Any individual who is authorized, employed, or appointed by the preneed dealer to offer for sale or to sell preneed services and or merchandise and owns 10% or more of any class of ownership interest in the preneed dealer, does not have to register as a preneed salesperson. If you are unclear, you should consult your own legal counsel.

3. What must I file if a preneed sales agent is no longer employed by my preneed dealer company?

Within 3 business days of the last day of employment, Termination of Registration as a Preneed Salesperson (Form C-2A) must be completed and submitted to the Securities and Business Regulations Office in order to terminate the salesperson's registration.

4. I am registered as a preneed salesperson through a preneed dealer that no longer employs me. Can I take that registration with me to my current employer?

No. The only way a registered preneed salesperson can maintain the same registration at more than one preneed dealer is if the preneed dealers share ownership.

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.