Requirements Under Section 453(12) of the General Business Law:

In December 2019, the “Preneed Trust Accountability Act” was signed into law. This law requires any entity holding preneed funds – such as banks, credit unions and funeral trusts – to abide by a higher, uniform set of best financial practices. Specifically, these entities have to undergo an annual audit which will provide more financial information to consumers (and funeral homes) about their preneed accounts. Here is a list of requirements:

12. A preneed administrator operating under this section shall conduct an audit of all of its accounts relating to preneed agreements as of the thirty-first of December of each calendar year. The audit shall:
    (a) Be performed by a certified public accountant licensed to practice in New York state;
    (b) Be completed and delivered to the preneed administrator within one hundred twenty days of the end of such calendar year;
    (c) Verify, by way of a representative sample, that the preneed administrator has a signed copy of the agreement for each account;
    (d) Verify, by way of a representative sample, that appropriate income tax  reports have been sent by the preneed administrator to the owner of each account;
    (e) Verify that the investment of all funds for the agreements is in compliance with this section;
    (f) Verify, by an appropriate sampling method, that the earnings on the investments are being properly applied to each account and that the earnings are credited to each account at least monthly;
    (g) Express an opinion that the financial statements of the preneed administrator fairly represent the financial condition of the funds received in all material respects, and that all financial information distributed by the preneed administrator to consumers, funeral homes  or other parties is accurate; and
    (h) Verify that the stated yield credited to the account for that fiscal year, as announced by the preneed administrator, is accurate.

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