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Session Laws, 1973
Volume 709, Page 1509   View pdf image
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Ch. 718                            MARVIN MANDEL, Governor                                  1509

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take
effect July 1, 1973.

Approved May 24, 1973.

CHAPTER 719
(Senate Bill 861)

AN ACT to add new Section 165A to Article 23 of the Annotated Code of
Maryland (1966 Replacement Volume), title "Corporations," subtitle "III.
Particular Classes of Corporations," subheading "Cemetery Companies," to
follow immediately after Section 165 thereof; to regulate the sale of perpetual
care in connection with the sale of burial lots or interment rights, providing for
and regulating funds required to be deposited in perpetual care trust funds,
providing penalties for violations and generally regulating perpetual care of
burial lots or interment rights.

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That new Section 165A be and it is hereby added to Article 23 of
the Annotated Code of Maryland (1966 Replacement Volume), title
"Corporations," subtitle "III. Particular Classes of Corporations," subheading
"Cemetery Companies," to follow immediately after Section 165 thereof, and to
read as follows:

165A.

(A)       IT SHALL BE UNLAWFUL FOR ANY PERSON OWNING,
OPERATING OR DEVELOPING ANY CEMETERY TO SELL OR OFFER
TO SELL TO MEMBERS OF THE GENERAL PUBLIC ANY LOT, PARCEL
OF LAND, BURIAL OR INTERMENT RIGHT IN SUCH CEMETERY,
AND IN CONNECTION THEREWITH TO REPRESENT TO THE PUBLIC
IN ANY MANNER, EXPRESSED, OR IMPLIED, THAT THE ENTIRE
CEMETERY, A SINGLE LOT THEREIN, OR ANY BURIAL OR
INTERMENT RIGHT THEREIN WILL BE PERPETUALLY CARED FOR
UNLESS ADEQUATE PROVISION HAS BEEN MADE FOR THE
PERPETUAL CARE OF THE CEMETERY AND ALL LOTS, BURIAL OR
INTERMENT RIGHTS THEREIN AS TO WHICH SUCH
REPRESENTATION HAS BEEN MADE.

(B)      EACH PERSON WHO SHALL OFFER TO SELL OR SELL TO
MEMBERS OF THE GENERAL PUBLIC ANY LOT, PARCEL OF LAND,
BURIAL OR INTERMENT RIGHT AS TO WHICH SALE PERPETUAL
CARE IS STATED OR IMPLIED, IN ANY CEMETERY, NO MATTER
WHETHER IT WAS ORGANIZED OR DEVELOPED BEFORE OR AFTER
THE EFFECTIVE DATE OF THIS SECTION SHALL ESTABLISH,
WITHIN A PERIOD OF NINE MONTHS AFTER SUCH EFFECTIVE
DATE, AN IRREVOCABLE TRUST ESTABLISHED PURSUANT TO THE
PROVISIONS HEREOF FOR THE PURPOSE OF CREATING A
PERPETUAL CARE TRUST FUND. A CEMETERY WITH A DEVELOPED
LAND AREA OF TEN (10) ACRES OR LESS SHALL DEPOSIT A
MINIMUM SUM OF TEN THOUSAND ($10,000.00) DOLLARS AND A
CEMETERY WITH A LARGER DEVELOPED LAND AREA SHALL
DEPOSIT A MINIMUM SUM OF TWENTY-FIVE THOUSAND ($25,000.00)
DOLLARS, IN SUCH FUND. AN ORGANIZED CEMETERY WHICH

 

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Session Laws, 1973
Volume 709, Page 1509   View pdf image
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