Terms Used In Michigan Laws 456.522

  • Cemetery: means 1 or a combination of more than 1 of the following:
  (i) A burial ground for earth interments. See Michigan Laws 456.522
  • Cemetery owner: means the person who has title to the cemetery. See Michigan Laws 456.522
  • Columbarium: means a building or other aboveground structure that is affixed to land and is a permanent repository for cremated human remains. See Michigan Laws 456.522
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Cremation: means the incineration of the body of the deceased person. See Michigan Laws 456.522
  • Crematory: means a building or structure, within which the remains of deceased persons are or are intended to be cremated. See Michigan Laws 456.522
  • Crypt: means a chamber in a mausoleum of sufficient size to entomb the uncremated remains of a deceased person. See Michigan Laws 456.522
  • Interment: means the disposition of human remains by earth interment, entombment, or inurnment. See Michigan Laws 456.522
  • Mausoleum: means a building or other aboveground structure that is affixed to land and is a permanent repository for human remains. See Michigan Laws 456.522
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means an individual, group of individuals, sole proprietorship, partnership, limited liability company, association, corporation, government agency, cemetery, or a combination of these legal entities. See Michigan Laws 456.522
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
  •   As used in this act:
      (a) “Cemetery” means 1 or a combination of more than 1 of the following:
      (i) A burial ground for earth interments.
      (ii) A mausoleum for crypt entombments.
      (iii) A crematory for the cremation for human remains.
      (iv) A columbarium for the inurnment of cremated remains.
      (b) “Interment” means the disposition of human remains by earth interment, entombment, or inurnment.
      (c) “Burial right” means a right of earth interment.
      (d) “Entombment right” means the right of crypt entombment in a mausoleum or in an aboveground vault.
      (e) “Columbarium right” means the right of inurnment in a columbarium for cremated remains.
      (f) “Mausoleum” means a building or other aboveground structure that is affixed to land and is a permanent repository for human remains.
      (g) “Crypt” means a chamber in a mausoleum of sufficient size to entomb the uncremated remains of a deceased person.
      (h) “Columbarium” means a building or other aboveground structure that is affixed to land and is a permanent repository for cremated human remains.
      (i) “Crematory” means a building or structure, within which the remains of deceased persons are or are intended to be cremated.
      (j) “Cremation” means the incineration of the body of the deceased person.
      (k) “Cemetery commissioner” or “commissioner” means the director of the department of labor and economic growth or a designee of the director.
      (l) “Endowment and perpetual care” means all general work necessary to keep the cemetery property in a presentable condition at all times, including, but not limited to, the cutting of grass at reasonable intervals; the raking, cleaning, filling, seeding, and sodding of graves; the replacement, pruning, or removal of shrubs and trees in order to assure access to interment rights; and the repair and maintenance of enclosures, buildings, drives, walks, and the various memorial gardens.
      (m) “Merchandise trust” means trusts required by section 16, composed of deposits made in connection with merchandise and service sales made prior to January 1, 2005.
      (n) “Municipal corporation” means a county, city, village, or township.
      (o) “Regulated financial institution” means a state or nationally chartered bank, savings and loan association or savings bank, credit union, trust company, or other state or federally chartered lending institution or a regulated affiliate or regulated subsidiary of any of these entities.
      (p) “Person” means an individual, group of individuals, sole proprietorship, partnership, limited liability company, association, corporation, government agency, cemetery, or a combination of these legal entities.
      (q) “Good moral character” means that term as defined and determined under 1974 PA 381, MCL 338.41 to 338.47.
      (r) “Cemetery owner” means the person who has title to the cemetery.
      (s) “Operator” means any of the following:
      (i) A person, an officer of a person, a partner of a person, or a member or manager of a limited liability company, who holds more than 50% voting rights in a cemetery owner.
      (ii) A person who is a member of the board of directors of a cemetery owner, a partner in a cemetery owner, or a member or manager of a limited liability company that is a cemetery owner.
      (iii) An administrative official of the cemetery owner or the person described in subparagraph (i), comparable to a chief administrative officer, chief executive officer, or chief financial officer.
      (t) “Affiliated person” means a person directly or indirectly controlling the cemetery and includes all of the following:
      (i) A person who holds at least a 50% interest in a cemetery.
      (ii) A person who is a member of the board of directors or a cemetery owner, a partner in a cemetery owner, or a member or manager of a limited liability company that is a cemetery owner.
      (iii) A person who is an officer of the person who holds at least a 10% interest in a cemetery corporation or other entity having control of the cemetery.