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Home » US Law » 2022 Vermont Statutes » Title 18 - Health » Chapter 121 - Cemeteries » Subchapter 3: CEMETERY ASSOCIATIONS

§ 5431. Cemetery associations; corporations

§ 5431. Cemetery associations; corporations Every cemetery established after June 1, 1933, which is not owned and operated by a town or by a religious or ecclesiastical society shall be established, owned, and operated by a corporation as hereinafter prescribed.

§ 5432. Organization and operation

§ 5432. Organization and operation Such corporation shall be organized, and the affairs of the corporation shall be governed and controlled under the provisions of 11 V.S.A. chapter 1, under those sections thereof which provide for the organization and management of corporations not for profit.

§ 5433. Authority; powers

§ 5433. Authority; powers Upon filing the articles of incorporation, the incorporators and other members, if any, from the date of such filing, shall be and constitute a body corporate with perpetual succession and with capacity to perform all acts within the State not repugnant to law or the provisions of this chapter.

§ 5434. Penalty for doing business as a cemetery association without authority

§ 5434. Penalty for doing business as a cemetery association without authority A person, firm, corporation, or association, or a trust, trustee, or trustees of any person, firm, corporation, or association, who, without authority of this chapter so to do, shall exercise or attempt to exercise any powers, privileges, or franchises which are specified or […]

§ 5435. Sales of lots, crypts, and niches; how income applied; rules

§ 5435. Sales of lots, crypts, and niches; how income applied; rules [Subsection (a) effective until January 1, 2023; see also subsection (a) effective January 1, 2023 set out below.] (a) The income of a cemetery association whether derived from the sale of lots, burial spaces, crypts, or niches, from donations, or otherwise, shall be […]

§ 5436. Perpetual care fund

§ 5436. Perpetual care fund A cemetery association established prior to June 1, 1933 may create a perpetual care fund out of surplus money on hand or which has been given to it by will, deed, or otherwise. A cemetery association established after such date shall create such a perpetual care fund by applying thereto […]

§ 5437. Investment

§ 5437. Investment A cemetery association shall invest trust funds in the same manner as town cemeteries pursuant to section 5384 of this title and may delegate the management and investment of cemetery association funds pursuant to subdivision (b)(3) of that section. (Amended 2021, No. 84 (Adj. Sess.), § 2, eff. July 1, 2022.)

§ 5438. Cemetery accounts; annual reports

§ 5438. Cemetery accounts; annual reports (a) A cemetery association shall keep and maintain adequate and correct accounts of its business transactions, which at all reasonable times shall be open to the inspection of every member of such corporation. It shall keep separate and apart from its other funds all monies and property received by […]

§ 5439. Dissolution of cemetery associations

§ 5439. Dissolution of cemetery associations A cemetery association, which is not owned and operated by a church or by a religious or ecclesiastical society, may be dissolved under the provisions of 11B V.S.A. chapter 14. Upon dissolution, all lands owned or held by it for cemetery purposes and all perpetual care funds, trust funds, […]

§ 5440. Merger of cemetery associations

§ 5440. Merger of cemetery associations (a) An incorporated cemetery association or society, whether chartered by special act of the General Assembly or organized under articles of association, may merge with another incorporated association or society in the same town, thereby forming a new corporation under such name as may be designated in the articles […]