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Ch. 348
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2007 Laws of Maryland
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(g) A sole proprietor registered cemeterian, permit holder, or any other
person subject to the trust requirements of this subtitle shall maintain in the {office of
the cemetery] OFFICE a copy of the most recent trust report filed with the [office of
the cemetery] OFFICE under [§ 5-605] § 5-606 of this subtitle and shall make the
report available for inspection by an owner or a prospective purchaser of a right of
interment in a burial lot, above-ground crypt, or niche.
[5-604] 5-605.
(a) The terms of a trust to provide for perpetual care shall be designated in a
written agreement between the registered cemeterian, permit holder, or any other
person subject to the trust requirements of this subtitle and trustee.
(b) The terms of the trust agreement:
(1) shall conform to this subtitle; and
(2) may include provisions about:
(i) payment of income;
(ii) accumulation of income;
(iii) reinvestment of income;
(iv) administration of the trust fund; and
(v) powers of the trustee as to investments.
(c) (1) A trust agreement shall be irrevocable.
(2) However, a trust agreement may:
(i) give the registered cemeterian [or], permit holder, OR
OTHER PERSON SUBJECT TO THE TRUST REQUIREMENTS OF THIS SUBTITLE the
right to remove the trustee and appoint another qualified trustee; and
(ii) provide for the appointment of individuals as cotrustees and
successor cotrustees with a corporate trustee.
[5-608] 5-609.
(a) A person may not establish or operate a public or private cemetery or
allow a public or private cemetery to be operated in violation of this subtitle.
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- 2194 -
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