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Ch. 348
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2006 LAWS OF MARYLAND
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(2) where roads, paths, or buildings have been laid out or built; or
(3) where burial lots have been outlined on a plat or in a record or sales
brochure.
(b) (1) Each sole proprietor registered cemeterian [or], permit holder, OR
ANY OTHER PERSON SUBJECT TO THE REGISTRATION OR PERMIT PROVISIONS OF
THIS TITLE who sells or offers to sell to the public a burial lot or burial right in a
cemetery as to which perpetual care is stated or implied shall have a perpetual care
trust fund.
(c) Each sole proprietor registered cemeterian [or], permit holder, OR ANY
OTHER PERSON SUBJECT TO THE TRUST REQUIREMENTS OF THIS SUBTITLE initially
shall deposit in the perpetual care trust fund at least:
(1) $10,000, if the developed land area of the cemetery is 10 acres or less
and the cemetery is a nonprofit cemetery which does not sell burial goods;
(2) $25,000, if the developed land area of the cemetery is more than 10
acres and the cemetery is a nonprofit cemetery which does not sell burial goods;
(3) $25,000, if the developed land area of the cemetery is 10 acres or less
and the cemetery is a for-profit cemetery or a nonprofit cemetery which sells burial
goods; or
(4) $50,000, if the developed land area of the cemetery is more than 10
acres and the cemetery is a for-profit cemetery or a nonprofit cemetery which sells
burial goods.
(d) (1) The deposits required by this subsection are in addition to the
deposits required by subsection (c) of this section.
(2) Except as provided in paragraph (4) of this subsection, within 30 days
after the end of the month when the buyer of a right of interment in a burial lot,
above-ground crypt, or niche makes a final payment, the registered cemeterian [or],
permit holder, OR ANY OTHER PERSON SUBJECT TO THE TRUST REQUIREMENTS OF
THIS SUBTITLE shall pay in cash to the trustee for deposit in the perpetual care trust
fund:
(i) at least 10% of the actual selling price of each right of interment
in a burial lot, above-ground crypt, or niche; or
(ii) if the burial space is sold at a discount or at no cost, at least 10%
of the imputed cost of the fair retail value.
(3) The amount of deposit to the perpetual care trust fund shall be
deducted from the proceeds of the listed selling price of the right of interment in a
burial lot, above-ground crypt, or niche, and may not be charged as an add-on to the
purchaser.
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- 1832 -
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