§ 8:501 A. Except as provided in this Chapter, no person or legal entity, including a cemetery authority, shall, directly or indirectly, enter into a contract for the sale of personal proper
§ 8:502 A.(1)(a) Any cemetery authority or other entity entering into a contract for the sale of such personal property as described in R.S. 8:501, when the delivery of the personal property
§ 8:502.1 Determination of personal property delivery
§ 8:502.2 No person, firm, or corporation shall be considered a supplier for purposes of R.S. 8:502.1 unless it does all of the following:
§ 8:502.3 Trust fund exempt from seizure
§ 8:503 A. The funds shall be held in trust both as to principal and income earned and shall remain intact, except that the costs of operation of the trust may be deducted from the income ea
§ 8:504 If after final payment a purchaser moves his domicile to a point that makes delivery of the personal property or services impossible or impractical, the trustee shall refund to the p
§ 8:505 A. Annually, a trustee, within ninety days after the close of a cemetery authority’s business year, shall file with the board a financial report of the merchandise trust fund, settin
§ 8:505.1 Annual report by cemeteries or other entities; report filing fee
§ 8:505.2 Whenever a trustee resigns, all of the following documentation shall be filed with the board to ensure an orderly transfer of the trust fund from the resigning trustee to the success
§ 8:506 A. The board may examine the relevant business books and records identified in Subsection C of this Section of any cemetery authority or other entity that is engaged in making contra
§ 8:506.1 A. If any report filed with, or any examination made by, the board shows that the minimum amounts required have not been collected and deposited in the merchandise trust fund, the bo
§ 8:507 Any provision of any contract for the sale of personal property or the performance of services contemplated in this Chapter which waives any of the provisions of this Chapter shall b
§ 8:508 Any cemetery authority or other entity, as defined in this Chapter, failing to make the required deposits to the trust fund or otherwise violating the provisions of this Chapter shal
§ 8:509 Trustee’s duty of care
§ 8:510 Exceptions; trust fund transfers
§ 8:511 Nonretroactive effect
§ 8:512 The board shall examine the reports filed with it as to their compliance with the requirements of the law. Any formal hearing, court proceeding, or other cause of action against a ce

Terms Used In Louisiana Revised Statutes > Title 8 > Chapter 8 - Merchandise Trust Fund

  • Adult: means an individual who has attained the age of eighteen years. See Louisiana Revised Statutes 9:2260.1
  • Beneficiary: means an individual for whom property has been transferred to or held under a declaration of trust by a custodial trustee for the individual's use and benefit under this Chapter. See Louisiana Revised Statutes 9:2260.1
  • Board: means the Louisiana Cemetery Board. See Louisiana Revised Statutes 8:1
  • Burial: means the placement of human remains in a grave. See Louisiana Revised Statutes 8:1
  • Cemetery: means a place used or intended to be used for the interment of the human dead and, to the extent allowed in accordance with this Title, pet remains. See Louisiana Revised Statutes 8:1
  • Cemetery space: means a grave, crypt, vault, niche, tomb, lawn crypt, or any other property used or intended to be used for the interment of human remains. See Louisiana Revised Statutes 8:1
  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • Custodial trust property: means an interest in property transferred to or held under a declaration of trust by a custodial trustee under this Chapter and the income from and proceeds of that interest. See Louisiana Revised Statutes 9:2260.1
  • Custodial trustee: means a person designated as trustee of a custodial trust under this Chapter or a substitute or successor to the person designated. See Louisiana Revised Statutes 9:2260.1
  • Family burial ground: means a cemetery in which no lots are sold to the public and in which interments are restricted to a group of persons related to each other by blood or marriage. See Louisiana Revised Statutes 8:1
  • foreign trust: shall mean any of the following:

    (1)  A trust which by the terms of the trust instrument is governed by the law of a jurisdiction other than Louisiana. See Louisiana Revised Statutes 9:2262.1

  • Grave: means a space of ground in a cemetery, used or intended to be used, for burial. See Louisiana Revised Statutes 8:1
  • Interment: means the disposition of human remains by inurnment, scattering, entombment, or burial in a place used or intended to be used, and dedicated, for cemetery purposes. See Louisiana Revised Statutes 8:1
  • Person: means an individual, corporation, limited liability company, partnership, joint venture, association, trust, or any other legal entity. See Louisiana Revised Statutes 8:1
  • Person: means an individual, corporation, business trust, estate, trust, partnership, joint venture, association, or any other legal or commercial entity. See Louisiana Revised Statutes 9:2260.1
  • Sale: means the sale of the full title to any cemetery space or the sale of the right of use of or interment in any cemetery space. See Louisiana Revised Statutes 8:1
  • State: means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. See Louisiana Revised Statutes 9:2260.1
  • Transferor: means a person who creates a custodial trust by transfer or declaration. See Louisiana Revised Statutes 9:2260.1
  • Trust company: means a financial institution, corporation, or other legal entity, authorized to exercise general trust powers. See Louisiana Revised Statutes 9:2260.1
  • Trustee: means the separate legal entity designated as trustee of a cemetery care fund. See Louisiana Revised Statutes 8:1
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.