§ 46-1-307. Violations — Penalties — Enforcement
Any cemetery company or seller who, having received any moneys under or in connection with a pre-need sales contract for cemetery merchandise and services, fails to deposit or keep on deposit the moneys as required in this chapter, or who fails to substantially perform the contract described in this chapter, commits a Class E felony. […]
§ 46-1-308. Fraud as to Pre-Need Sales Contract
In civil actions in which the prevailing party proves fraud relative to a pre-need sales contract for cemetery merchandise and services under this chapter, the prevailing party shall receive treble damages, together with attorney’s fees, costs, and interest.
§ 46-1-309. Revocation of Charter or Certificate of Authority
Failure to comply with § 46-1-204 or § 46-1-215 shall constitute grounds for the state to revoke the charter or certificate of authority of a corporate cemetery company. The revocation proceeding may be filed in the chancery court of the county where the cemetery is located, and may be brought on relation of the state […]
§ 46-1-310. Action by State for Recovery of Illegally Paid Dividends
The state is authorized to recover from stockholders, for the use of the company, dividends illegally paid under § 46-1-205. The state is also authorized to recover from the officers and directors of the company and the cemetery operators, at any time, for the use of the company, an amount sufficient to bring the improvement […]
§ 46-1-311. Deficiency in Improvement Care Fund — Failure to File Reports — Effect — Orders
The commissioner may, upon determining that a deficiency exists in the improvement care fund or that a cemetery company has willfully failed to file annual reports, as provided in § 46-1-302, of any cemetery or separate geographical site of a cemetery as required by this chapter, order the correction of the deficiency or failure to […]
§ 46-1-312. Requirements for Appointing a Receiver to Manage a Cemetery
The Davidson County chancery court, upon the petition of the commissioner, may appoint the commissioner as receiver to take charge of, control and manage a cemetery registered or required to be registered with the commissioner, upon determining that any of the following grounds exist: The cemetery has not maintained trust funds in the manner required […]
§ 46-1-313. Trespass on or Injury to Cemetery Property — Interference With Processions or Religious Exercises — Penalty
No person shall willfully destroy, deface, or injure any monument, tomb, gravestone, or other structure placed in the cemetery, or any roadway, walk, fence or enclosure in or around the cemetery, or injure any tree, plant or shrub, or hunt or shoot, play at any game or amusement, or loiter for lascivious or lewd purposes […]
§ 46-1-305. Attorney’s Fees
In addition to the liabilities declared in § 46-1-304, the suitor who brings suit and recovers from a stockholder, director or officer of a company shall also recover reasonable attorney’s fees, the amount of which shall be fixed and adjudged by the court before whom the case is tried.
§ 46-1-306. Reasons to Refuse to Issue or Renew, and to Revoke or Suspend Registration — Disciplinary Action — Civil Penalties — Compliance Examination or Independent Audit — Withholding of Earnings and Disbursements — Authority to Issue Citations — Notification and Sharing Information
The commissioner may refuse to issue or renew, and may revoke or suspend, the registration of any cemetery registered pursuant to this chapter or corresponding provisions of prior law for any one (1) or more of the following reasons: Fraud or deceit on the part of a cemetery operator in application for registration; Cancellation, revocation, […]
§ 46-1-215. Financial Reports
Within seventy-five (75) days after the end of the calendar year or its fiscal year and within seventy-five (75) days on an annual basis thereafter, each cemetery company shall file with the commissioner a report of its condition, on forms provided by the commissioner, which report shall contain the following information: The name of the […]