|
27-17A-47
Section 27-17A-47 Establishment and management of endowment care fund. (a) Every cemetery authority
operating an endowment care cemetery shall establish an endowment care fund which shall be
placed with and held by a bank, trust company, savings and loan association, or other financial
institution authorized to provide trust services under Title 5, as amended, or under the applicable
laws of the United States or any other state, or a board of trustees, consisting of at least
three members, who shall reside in the State of Alabama, one of whom is engaged in outside
cemetery management, and each of whom shall be bonded to honestly perform the duties of trustee
under a formal trust agreement. (b) Except as specifically provided in this subsection, commencing
on July 1, 2014, a person serving on a board of trustees or cemetery authority may not also
serve as a trustee of an endowment care fund for the cemetery authority. A board of trustees
in existence on July 1, 2014, may continue to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-17A-47.htm - 3K - Match Info - Similar pages
27-17A-2
designed for the encasement of human remains and which is usually constructed of wood, metal,
or like material, and ornamented and lined with fabric. (11) CEMETERY. A place that is established,
maintained, managed, operated, or improved and which is dedicated to and used or intended
to be used for the final disposition of human remains and their memorialization. (12) CEMETERY
AUTHORITY. Any person who owns or controls a cemetery or conducts cemetery business. (13)
CEMETERY MERCHANDISE. Any personal property offered for sale, contracted for sale,
or sold for use in connection with the burial of, final disposition, memorialization, interment,
entombment, or inurnment of human remains by a cemetery authority. Cemetery merchandise specifically
includes, but is not limited to, the casket, the outer burial container, and the memorial.
(14) CEMETERY SERVICES. Services provided by a cemetery authority for interment, entombment,
inurnment, and installation of cemetery merchandise. (15)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-17A-2.htm - 12K - Match Info - Similar pages
27-17A-50
Section 27-17A-50 Financial interest in asset or business in which endowment care trust invests,
etc.; disposition of funds. (a) No cemetery authority may directly or indirectly require or
direct the investment, reinvestment, or retention by a qualified trustee of any part of an
endowment care trust in any asset or business in which the cemetery authority or any officer,
director, owner, partner, or employee of the cemetery authority has a financial interest.
Nothing contained in this subsection shall prevent the trustee, subject to the provisions
regarding investment and reinvestment of the trust estate as are contained in the governing
instrument creating the trust, from investing, reinvesting, or retaining any asset or business
in which the cemetery authority or any officer, director, owner, partner, or employee of the
cemetery authority has an insubstantial or nonmaterial financial interest, provided that the
trustee, in the exercise of the trustee's discretion, deems the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-17A-50.htm - 2K - Match Info - Similar pages
27-17A-54
Section 27-17A-54 Annual report. An annual report of the endowment care fund shall be made
to the commissioner by each cemetery authority within 90 days of the close of each calendar
year. This report shall include the qualified trustee's name or names, the bond numbers if
individual trustees or the name and address of the financial institution in which the fund
is maintained, and the affidavit of the cemetery authority affirming compliance with this
article. Prior to the sale or transfer of a cemetery, the cemetery authority shall report
and document to the commissioner that the endowment care fund is currently funded in accordance
with this article. (Act 2002-74, p. 221, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-17A-54.htm - 994 bytes - Match Info - Similar pages
31-5-3
Section 31-5-3 State Board of Veterans' Affairs. (a) The State Board of Veterans' Affairs shall
consist of the Governor, as chair, and representatives, to serve for a term of four years
from the date of their respective appointments, who shall be selected from the memberships
of the Alabama Department of the American Legion, the United Spanish American War Veterans,
the Veterans of Foreign Wars, the Disabled American Veterans, Veterans of WWI of the USA,
Incorporated, the Vietnam Veterans of America, AMVETS, the Military Order of the Purple Heart,
the American Ex-Prisoners of War, Incorporated, the Alabama Alliance of the Military Officers
Association of America, Inc., and the Marine Corps League, the nomination of the representatives
to be made by the executive committees or similar governing bodies of the respective organizations
on the following ratio of the membership as it existed on July 1 of the year in which the
appointment is to be made by the Governor in a manner whereby...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-5-3.htm - 6K - Match Info - Similar pages
40-2-11
be borne by every kind of property in this state and to ascertain the proper amount of license,
privilege, excise, corporation, franchise, income, or ad valorem taxes. b. To require reporting
of retail sales and customer notification, within constitutional limitations, when the seller
does not collect sales, use, or simplified sellers use tax on Alabama sales transactions,
and to provide for penalties pursuant to Section 40-2A-11. c. To require reporting of rental
transactions of tangible personal property as defined in Section 40-12-220, when the
property is classified as Class II or Class IV property under Section 40-8-1, by persons facilitating
the transactions and to require notifications to the lessor when the lessor has not furnished
evidence that it has acquired a license as required under Section 40-12-221, and to provide
for penalties pursuant to Section 40-2A-11. (8) To cause the deposition of witnesses residing
within or without the state to be taken upon such notice to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-2-11.htm - 11K - Match Info - Similar pages
27-17A-49
The amount received for special care funds, gifts, grants, contribution devises, or bequests
made with respect to the separate or special care of a particular lot, grave, crypt, niche,
mausoleum, monument, or marker or that of a particular family, as distinguished from the general
endowed care of a cemetery or of a garden. (b) In addition to subsection (a), a cemetery authority
may receive, and transfer to the trustee, as a part of or incident to the endowment care fund,
any property, real, personal, or mixed, bequeathed, devised, given, or otherwise contributed
to it for endowment care purposes. Any contractual endowment care deposits shall fall under
this article. (c) Any cemetery authority which is organized and engaged in business prior
to May 1, 2002, shall qualify as an endowment care cemetery if the following occur: (1) Not
already placed, it shall within 90 days of May 1, 2002, have placed the entire principal of
any endowment care fund in its possession, custody, or control,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-17A-49.htm - 4K - Match Info - Similar pages
27-17A-51
Section 27-17A-51 Propriety of expenditures; income payments to cemetery authority. The trustee
shall not be required to inquire into the propriety of the expenditures made by the cemetery
authority in connection with endowment care of the cemetery, and it shall not be held responsible
in any manner whatsoever for and on account of payments of the income from the endowment care
fund made to the cemetery authority. (Act 2002-74, p. 221, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-17A-51.htm - 752 bytes - Match Info - Similar pages
27-17A-32
Section 27-17A-32 Rights of seller; powers and duties of trustee. (a) If amounts paid by the
purchaser under a preneed contract for funeral merchandise have previously been deposited
in trust, the seller may withdraw the principal amount and trust appreciation attributable
to the delivered item at such time as the funeral merchandise is delivered or installed or,
if comprised of materials designed to withstand prolonged, protected storage without deterioration,
the merchandise is placed in storage with a responsible third party bonded and insured for
the wholesale value thereof and evidenced by a receipt specifically identifying the item,
the specific preneed contract, the location of the item, and the identity and address of the
bonding and insuring parties. For purposes of this subsection only, caskets and alternative
containers may not be held in storage by the seller or a third party storage facility prior
to the death of the funeral beneficiary. (b) The trustee shall make regular...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-17A-32.htm - 5K - Match Info - Similar pages
27-17A-13
Section 27-17A-13 Monies to be placed in trust; compliance by pre-existing preneed contracts.
(a) Except as provided in Sections 27-17A-3 and 27-17A-14, every preneed contract shall require
the monies paid to the seller or trustee to be placed in trust in accordance with Article
3, for funeral merchandise and services sold by funeral establishments or third party sellers,
or Article 4, for cemetery merchandise and services sold by cemetery authorities. (b) Although
this chapter does not apply to preneed contracts entered into prior to May 1, 2002, a preneed
provider which contends that a preneed trust fund which was in effect prior to May 1, 2002,
complies with this chapter with respect to the contracts entered into prior to May 1, 2002,
may provide to the commissioner documentary proof thereof. Upon the commissioner determining
that compliance has been established, the pre-existing preneed trust fund assets may be merged
with or into the trust fund required under this chapter or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-17A-13.htm - 1K - Match Info - Similar pages
|