§ 54.1-2310 Definitions
§ 54.1-2311 Cemetery operators required to be licensed by the Board
§ 54.1-2312 Exemptions
§ 54.1-2312.01 Special interments; definitions; regulations by Board
§ 54.1-2312.1 Resale of interment right; conditions for resale transaction; contents of transfer form; approval by cemetery company
§ 54.1-2312.2 Resale of interment right by certain churches and religious organizations
§ 54.1-2313 Board; appointment; terms; vacancies; meetings; quorum; other powers; regulations
§ 54.1-2313.1 Protection of preneed burial and perpetual care trust funds; operation of cemetery company; appointment of receiver
§ 54.1-2314 Refusal, suspension or revocation of license or registration
§ 54.1-2315 Other prohibited activities
§ 54.1-2316 Certain representations unlawful; perpetual care trust fund required
§ 54.1-2317 Who may serve as trustee of perpetual care trust fund
§ 54.1-2318 Application of Part a (§ 64.2-1200 et seq.) of Subtitle IV of Title 64.2
§ 54.1-2319 Deposit in perpetual care trust fund required upon sale of graves, etc.
§ 54.1-2320 Additional deposit not required upon subsequent sale of same grave, crypt or niche
§ 54.1-2321 Recovery of original perpetual care trust fund deposit
§ 54.1-2322 Use of income from perpetual care trust fund; distributions
§ 54.1-2323 Financial records required
§ 54.1-2324 Financial report and report of independent certified public accountant required for perpetual care trust funds
§ 54.1-2325 Deposit in preneed trust required upon sale of property or services not to be delivered within 120 days
§ 54.1-2326 Who may serve as trustee of preneed trust fund
§ 54.1-2327 Itemized statement and general price list of burial fees to be furnished; solicitations prohibited
§ 54.1-2328 Requirements of preneed burial contracts
§ 54.1-2329 Identification of specific funds
§ 54.1-2330 Specific funds and income to remain in preneed trust account; exception
§ 54.1-2331 Disbursement of trust funds upon performance of contract
§ 54.1-2332 Seller required to keep records
§ 54.1-2333 Financial report and report of independent certified public accountant required for preneed trust accounts
§ 54.1-2334 Inclusion of property and services to be delivered within 120 days
§ 54.1-2335 Breach of contract by seller; trust to be single purpose trust
§ 54.1-2336 Trustee may rely on certifications and affidavits
§ 54.1-2337 Transfer of trust funds to another trustee
§ 54.1-2338 Use of trustee’s name in advertisements
§ 54.1-2339 Construction and development of mausoleums and garden crypts
§ 54.1-2340 Waiver of chapter void
§ 54.1-2341 Exemption from levy, garnishment and distress
§ 54.1-2342 Penalties

Terms Used In Virginia Code > Title 54.1 > Subtitle II > Chapter 23.1 - Cemetery Operators, Perpetual Care Trust Funds and Preneed Burial Contracts

  • Advertisement: means any information disseminated or placed before the public. See Virginia Code 54.1-2310
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • At-need: means at the time of death or while death is imminent. See Virginia Code 54.1-2310
  • Board: means the Cemetery Board. See Virginia Code 54.1-2310
  • Cemetery: means any land or structure used or intended to be used for the interment of human remains. See Virginia Code 54.1-2310
  • Cemetery company: means any person engaged in the business of (i) selling or offering for sale any grave or entombment right in a cemetery and representing to the public that the entire cemetery, a single grave, or entombment right therein will be perpetually cared for; (ii) selling property or services, vaults, grave liners, urns, memorials, markers, and monuments used in connection with interring or disposing of the remains or commemorating the memory of a deceased human being, where delivery of the property or performance of the service may be delayed more than 120 days after receipt of the initial payment on account of such sale; or (iii) maintaining a facility used for the interment or disposal of the remains and required to maintain perpetual care or preneed trust funds in accordance with this chapter. See Virginia Code 54.1-2310
  • City: means an independent incorporated community which became a city as provided by law before noon on July 1, 1971, or which has within defined boundaries a population of 5,000 or more and which has become a city as provided by law. See Virginia Code 1-208
  • Compliance agent: means a natural person who owns or is employed by a cemetery company to assure the compliance of the cemetery company with the provisions of this chapter. See Virginia Code 54.1-2310
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • 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.
  • Department: means the Department of Professional and Occupational Regulation. See Virginia Code 54.1-2310
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Executor: A male person named in a will to carry out the decedent
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fraud: Intentional deception resulting in injury to another.
  • Garden crypt: means a burial receptacle, usually constructed of reinforced concrete, installed in quantity on gravel or tile underlay. See Virginia Code 54.1-2310
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Grave: means a below-ground right of interment. See Virginia Code 54.1-2310
  • in writing: include any representation of words, letters, symbols, numbers, or figures, whether (i) printed or inscribed on a tangible medium or (ii) stored in an electronic or other medium and retrievable in a perceivable form and whether an electronic signature authorized by Chapter 42. See Virginia Code 1-257
  • In-person communication: means face-to-face communication and telephonic communication. See Virginia Code 54.1-2310
  • Includes: means includes, but not limited to. See Virginia Code 1-218
  • Interment: means all forms of final disposal of human remains including, but not limited to, earth burial, mausoleum entombment and niche or columbarium inurnment. See Virginia Code 54.1-2310
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Licensee: means any person holding a valid license issued by the Board. See Virginia Code 54.1-2310
  • Mausoleum crypt: means a burial receptacle usually constructed of reinforced concrete and usually constructed or assembled above the ground and is considered real property. See Virginia Code 54.1-2310
  • Month: means a calendar month and "year" means a calendar year. See Virginia Code 1-223
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • 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.
  • Perpetual care trust fund: means a fund created to provide income to a cemetery to provide care, maintenance, administration and embellishment of the cemetery. See Virginia Code 54.1-2310
  • Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
  • Personal property: All property that is not real property.
  • Preneed: means at any time other than either at the time of death or while death is imminent. See Virginia Code 54.1-2310
  • Preneed burial contract: means a contract for the sale of property or services used in connection with interring or disposing of the remains or commemorating the memory of a deceased human being, where delivery of the property or performance of the service may be delayed for more than 120 days after the receipt of initial payment on account of such sale. See Virginia Code 54.1-2310
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Process: includes subpoenas, the summons and complaint in a civil action, and process in statutory actions. See Virginia Code 1-237
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Resale: means the sale of an interment right in a cemetery governed by this chapter to a person other than the cemetery company owning the cemetery in which the right exists by a person other than that cemetery company or its authorized agent. See Virginia Code 54.1-2310
  • Retail sales price: means the standard, nondiscounted price as listed on the general price list required by § 54. See Virginia Code 54.1-2310
  • Seller: means the cemetery company. See Virginia Code 54.1-2310
  • Solicitation: means initiating contact with consumers with the intent of influencing their selection of a cemetery. See Virginia Code 54.1-2310
  • Specific trust funds: means funds identified to a certain contract for personal property or services. See Virginia Code 54.1-2310
  • State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
  • Statute: A law passed by a legislature.
  • sworn: means "affirm" or "affirmed. See Virginia Code 1-250
  • Town: means any existing town or an incorporated community within one or more counties which became a town before noon, July 1, 1971, as provided by law or which has within defined boundaries a population of 1,000 or more and which has become a town as provided by law. See Virginia Code 1-254
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.