(A) A perpetual care cemetery licensed by the South Carolina Cemetery Board and operating in good standing on June 30, 1990, may continue to operate and must be granted a license by the South Carolina Perpetual Care Cemetery Board.

(B) A perpetual care cemetery established between July 1, 1990, and the effective date of this chapter may continue to operate and must be granted a license by the South Carolina Perpetual Care Cemetery Board, provided an Irrevocable Care and Maintenance Trust Fund Agreement with a trust institution doing business in this State has been properly entered into by the perpetual care cemetery, and a copy of the same is on file with the board.

Terms Used In South Carolina Code 40-8-210

  • Board: means the South Carolina Perpetual Care Cemetery Board. See South Carolina Code 40-8-30
  • Cemetery: means a place used, dedicated, or designated for cemetery purposes including any one or combination of:

    (a) perpetual care cemeteries;

    (b) burial parks for earth interment;

    (c) mausoleums;

    (d) columbariums. See South Carolina Code 40-8-30
  • Perpetual care: means the maintenance and the reasonable administration of the cemetery grounds and buildings in keeping with a cemetery properly maintained using a care and maintenance trust fund. See South Carolina Code 40-8-30
  • Trust institution: means a state or national bank, state or federal savings and loan association, or trust company authorized to act in a fiduciary capacity in this State. See South Carolina Code 40-8-30

(C) Effective January 1, 2003, all perpetual care cemeteries must be operated in accordance with the provisions of this chapter.

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