US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Home » US Law » 2022 South Dakota Codified Laws » Title 55 - Fiduciaries and Trusts » Chapter 12 - Cemetery Perpetual Care Funds

Section 55-12-1 – Cemeteries subject to provisions of chapter.

55-12-1. Cemeteries subject to provisions of chapter. Any persons, firms, or corporations or other forms of organization organized or engaging in the business under the laws of the State of South Dakota, or wheresoever organized and engaging in the business in the State of South Dakota, of the ownership, maintenance or operation of a cemetery, […]

Section 55-12-10 – Nonperpetual care cemetery sign–Requirements as to display.

55-12-10. Nonperpetual care cemetery sign–Requirements as to display. Each nonperpetual care cemetery shall post in a conspicuous place in the office or offices where sales are conducted a legible sign stating: “This is a nonperpetual care cemetery.” The lettering of this sign shall be of suitable size so it is easily read at a distance […]

Section 55-12-12 – Nonperpetual care cemetery becoming a perpetual care cemetery–Creation and maintenance of perpetual care fund.

55-12-12. Nonperpetual care cemetery becoming a perpetual care cemetery–Creation and maintenance of perpetual care fund. Any nonperpetual care cemetery may become a perpetual care cemetery by placing in the perpetual care trust fund twenty-five thousand dollars, five thousand dollars per acre of all property sold or one hundred dollars per burial space, whichever is less, […]

Section 55-12-13 – Commission, bonus, rebate or other thing of value in connection with sale of interment space in perpetual care cemetery prohibited–Exceptions.

55-12-13. Commission, bonus, rebate or other thing of value in connection with sale of interment space in perpetual care cemetery prohibited–Exceptions. No organization subject to the provisions of this chapter may pay or offer to pay to, or for any person, firm or corporation to receive, directly or indirectly, a commission or bonus or rebate […]

Section 55-12-15 – Violations as petty offenses.

55-12-15. Violations as petty offenses. A violation of §55-12-3, 55-12-4, 55-12-8, 55-12-10, 55-12-11, 55-12-13 or 55-12-14 is a petty offense. Each day a violation occurs except the commission of any act declared unlawful in §55-12-13 shall be a separate and distinct offense. Source: SL 1955, ch 97, §§9, 10; SDC Supp 1960, §11.9902; SL 1980, […]

Section 55-12-16 – Severability of provisions.

55-12-16. Severability of provisions. If any provision hereof or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to […]

Section 55-12-17 – Annual financial report.

55-12-17. Annual financial report. A perpetual cemetery, as defined in §55-12-4, or a perpetual cemetery corporation operating under chapter 47-29 shall file an annual financial report for the preceding fiscal year with the secretary of state by July thirty-first of each year on a form prescribed by the secretary of state if the cemetery has […]

Section 55-12-2 – Classification of cemeteries.

55-12-2. Classification of cemeteries. All such persons, firms or organizations subject to the provisions of this chapter shall be, for the purposes hereof, designated either as “perpetual care cemeteries” or “nonperpetual care cemeteries.” Source: SL 1955, ch 97, §2; SDC Supp 1960, §11.19A02.

Section 55-12-20 – Procedures available to attorney general.

55-12-20. Procedures available to attorney general. The attorney general may issue a subpoena under §37-24-14 or an investigative demand under §37-24-12 to any person and may conduct any hearing in aid of any investigation or inquiry. The attorney general may prescribe the forms governing: (1)The conduct of investigations; (2)When, what, and to whom information concerning […]

Section 55-12-21 – Court action to enforce compliance.

55-12-21. Court action to enforce compliance. If any person refuses to obey an investigative demand or subpoena, the attorney general may petition the circuit court to enforce compliance under §37-24-17. Source: SL 2019, ch 210, §4.

Section 55-12-22 – Injunction to restrain use of money in earnings fund.

55-12-22. Injunction to restrain use of money in earnings fund. If the attorney general has reason to believe that any person is using the money in the earnings fund for purposes not related to the care and maintenance of the perpetual care cemetery, the attorney general may bring an action in the name of the […]

Section 55-12-23 – Restoration of misused money or property–Appointment of receiver.

55-12-23. Restoration of misused money or property–Appointment of receiver. The court may make any additional orders or judgments as may be necessary to restore to any person in interest any moneys or property, real or personal, that the court finds to have been misused. Additional relief may include the appointment of a receiver whenever it […]

Section 55-12-24 – Authority of receiver.

55-12-24. Authority of receiver. If a receiver is appointed by the court, the receiver may collect, receive, and take into the receiver’s possession all the goods and chattels, rights and credits, moneys and effects, land and tenements, books, records, documents, papers, choses in action, bills, notes, and property of every description. If any property has […]

Section 55-12-4 – Continuance of operation–Cemetery principal fund deposits.

55-12-4. Continuance of operation–Cemetery principal fund deposits. To continue to operate as a perpetual care cemetery, any such organization shall set aside and deposit in the cemetery principal fund not less than the following amounts for lots of interment space thereafter sold or disposed of: (1)A minimum of twenty percent of the gross selling price […]