§ 46-1-210. Waiver Invalid
Any provision of any contract for the sale of cemetery merchandise or the performance of services that purports to waive any of this part shall be null and void.
§ 46-1-211. Part Applicable to Mausoleums, Crypts and Columbariums
This part also applies to all corporations, persons, or businesses, except those corporations, persons or businesses owning and operating a cemetery that maintains an improvement care trust fund, and in which the mausoleum is to be, is being, or has been constructed, engaged in the construction and/or sale of mausoleums, crypts, columbariums or other structures […]
§ 46-1-212. Sale of Unconstructed or Unfinished Mausoleums, Crypts and Columbariums
Any corporation, person, or business, except those corporations, persons or businesses owning and operating a cemetery that maintains an improvement care trust fund, and in which the mausoleum is to be, is being, or has been constructed, engaged in the public sale of burial space in a mausoleum, crypt or columbarium that is not completely […]
§ 46-1-109. Receiving and Holding of Grants and Bequests
A cemetery company may hold any grant or bequest in money or other property, and shall faithfully apply the grants or bequests for the improvements of the cemetery, or in the erection or preservation of any tomb or monument, according to the terms of the grant or bequest, except those funds required to be held […]
§ 46-1-110. Sale of Land Not Suitable or Needed for Cemetery Purposes
Cemetery companies owning lands never actually used by them for cemetery purposes, and that are not suitable or adapted to such purpose, or are found by them to be not needful for such purposes, are empowered to sell and convey or otherwise dispose of the lands for secular or general use; provided, that: No later […]
§ 46-1-111. Records
A record shall be kept of every burial in the cemetery of the cemetery company, showing the date of burial and name of the person buried, together with the designation of lot or space in which the burial was made. In addition, the cemetery company shall keep records showing the date of the sale, the […]
§ 46-1-112. Correction of Error in Interment or in the Assignment of an Interment Right
When a cemetery operator has actual knowledge either of an incorrect interment or of an error in the assignment of an interment right, a cemetery operator shall have the right to correct such error pursuant to this section. For purposes of this section, “interment” and “interment right” mean the same as defined in § 46-1-102. […]
§ 46-1-201. Purpose of Part
It is the purpose of this part to require cemetery companies in the state to carry at all times a sufficient improvement care trust fund to maintain, keep up and beautify the cemeteries, without commercializing the operation of the cemeteries, and to maintain a pre-need merchandise and services trust fund to ensure that the pre-need […]
§ 46-1-202. Fidelity Bond Coverage — Exemptions
Every cemetery company shall carry fidelity bond coverage of at least one hundred thousand dollars ($100,000) or a higher amount that the commissioner deems sufficient for officers and employees who handle money and securities. The annual financial report required by § 46-1-214 to be filed with the commissioner shall indicate the amount of fidelity bond […]
§ 46-1-203. Requirements for Organization — Improvement Care Fund Deposit
No person or group of persons shall engage in the business of owning and operating a cemetery company, except as authorized by this chapter and chapter 2 of this title, and without first: If an entity required to register with or obtain any form of approval from the secretary of state, obtaining the registration or […]