Section 27-405 – ARTICLES OF INCORPORATION — TRUST FUND.
27-405. ARTICLES OF INCORPORATION — TRUST FUND. After the effective date of this act, no charter shall be issued to a corporation organized for the purpose of maintaining and operating a perpetual or endowed care cemetery unless the articles of incorporation thereof certify to the establishment of an endowment or perpetual care trust fund for […]
Section 27-406 – DUTY OF OWNER OF CEMETERY IN EXISTENCE AT DATE OF ACT.
27-406. DUTY OF OWNER OF CEMETERY IN EXISTENCE AT DATE OF ACT. After the effective date of this act no owner of a cemetery in existence at the effective date of this act, who, previous to such date, has not sold or contracted to sell lots in said cemetery with a provision for perpetual or […]
Section 27-407 – TRUST FUND REQUIRED BEFORE SALE OF LOTS.
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 […]
Section 27-408 – INSTRUMENT IN WRITING.
27-408. INSTRUMENT IN WRITING. The trust fund so created shall be evidenced by an instrument in writing, and shall contain in addition to the requirements of section 27-407, Idaho Code, the following provisions: (a) That there shall be designated a trustee under this act, which shall be any federally insured financial institution located within the […]
Section 27-409 – EXISTING CEMETERIES — APPLICATION OF LAW.
27-409. EXISTING CEMETERIES — APPLICATION OF LAW. Any cemetery authority in existence prior to the effective date of this act, which has in fact sold burial spaces under the representation that perpetual care shall be afforded to such lot, shall not be required to make the initial deposit of fifty thousand dollars ($50,000) in said […]
Section 27-410 – FUNDS DEEMED FOR CHARITABLE PURPOSE — TAX EXEMPT — FUTURE INTERESTS.
27-410. FUNDS DEEMED FOR CHARITABLE PURPOSE — TAX EXEMPT — FUTURE INTERESTS. The endowed care funds authorized herein and all sums paid therein or contributed thereto are, and each thereof are, hereby expressly permitted and shall be deemed to be for charitable purposes. Such endowed care shall be deemed to be provisioned for the discharge […]
Section 27-411 – ANNUAL REGISTRATION STATEMENT WITH ADMINISTRATOR.
27-411. ANNUAL REGISTRATION STATEMENT WITH ADMINISTRATOR. Every cemetery authority owning, operating, controlling or managing an endowed care cemetery shall register with the administrator, by filing an annual registration statement on forms furnished by said administrator, which shall show, as of the end of the preceding calendar year or fiscal year, whichever is more convenient to […]
Section 27-412 – SUITS TO ENFORCE STATUTE.
27-412. SUITS TO ENFORCE STATUTE. (1) Should the cemetery authority fail to remit to the trustee or trustees, in accordance with the law, the funds herein provided for endowment care, or fail to expend all such funds and reasonably care for and maintain any portion of a cemetery entitled to endowment care, or should the […]
Section 27-413 – RECORDS SUBJECT TO EXAMINATION.
27-413. RECORDS SUBJECT TO EXAMINATION. All records of a cemetery authority are subject at any time or from time to time to such reasonable periodic, special or other examinations, within or without this state, by representatives of the administrator, as the administrator deems necessary or appropriate in the public interest. History: [27-413, added 2004, ch. […]
Section 27-416 – RULES AND REGULATIONS.
27-416. RULES AND REGULATIONS. The administrator may establish, adopt and promulgate necessary rules and regulations for the administration and enforcement of this chapter, and the laws subject to his jurisdiction, and prescribe the form of statements and reports provided for in this chapter. History: [(27-416) 1963, ch. 179, sec. 16, p. 527; I.C., sec. 28-416 […]