27-407. TRUST FUND REQUIRED BEFORE SALE OF LOTS. After the effective date of this act, no corporation hereafter organized for the operation of a perpetual or endowed care cemetery nor any owner of a cemetery not previously operating as a perpetual or endowed care cemetery shall advertise or sell lots in said cemetery under the representation that said cemetery or individual space therein is entitled to perpetual or endowed care until there shall have been established a trust fund to provide for such care in accordance with the following requirements:

(a) That the cemetery authority deposit in an irrevocable trust fund with a trustee, as hereinafter qualified, the sum of fifty thousand dollars ($50,000) in cash.

(b) That from the final proceeds of any sale made by the cemetery authority of an adult ground burial space there be deposited in said trust fund a sum equal to ten percent (10%) of the selling price of each space, or the sum of ten dollars ($10.00), whichever is greater; the deposit for an infant burial space shall be ten percent (10%) of the selling price received therefor.

(c) That there be deposited in said trust fund, from the final proceeds of any sale, the sum of five dollars ($5.00) for each niche sold.

(d) That there be deposited in said trust fund, from the final proceeds of any sale, the sum of twenty-five dollars ($25.00) for each crypt sold.

(e) All moneys herein required to be paid said trust fund shall be deposited therein not later than thirty (30) days from receipt of the final payment by the purchaser of the burial space.

(f) That the income from the trust or endowment care fund shall be used solely for the general care, maintenance, and embellishment of the cemetery and shall be applied in such manner as the cemetery authority may from time to time determine be for the best interests of the cemetery.

History:

[(27-407) 1963, ch. 179, sec. 7, p. 527; I.C., sec. 28-407 (1963 Supp.); am. 1973, ch. 199, sec. 1, p. 450.]