35-5B-1 Definitions
35-5B-2 Information filing; fees, compliance agent
35-5B-3 Exemptions
35-5B-4 Deposit in preneed trust required; who may serve as trustee
35-5B-5 Requirements for preneed cemetery company contracts
35-5B-6 Identification of funds
35-5B-7 Corpus of trust account and income to remain in preneed trust account; exception
35-5B-8 Disbursement of trust funds upon performance of contract; mausoleum construction required
35-5B-9 Seller required to keep records
35-5B-10 Financial report and written assurance required
35-5B-11 Inclusion of property, goods and services to be delivered within one hundred twenty days
35-5B-12 Breach of contract by seller; trust to be single purpose trust
35-5B-13 Trustee may rely on certifications and affidavits
35-5B-14 Transfer of trust funds to another trustee
35-5B-15 Use of trustee’s name in advertisements
35-5B-16 Cemetery property maintained by cemetery company
35-5B-17 Waiver of article void
35-5B-18 Violation a misdemeanor
35-5B-19 Abandoned interment rights

Terms Used In West Virginia Code > Chapter 35 > Article 5B - Preneed Cemetery Company Property, Goods and Services; Related Contracts

  • 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.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Cemetery: means and includes all land and appurtenances including roadways, office buildings, outbuildings and other structures used or intended to be used for or in connection with the interment of human remains. See West Virginia Code 35-5B-1
  • 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 article. See West Virginia Code 35-5B-1
  • 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.
  • Delivery: means that the seller has transferred physical possession of the identified goods, has attached or installed such goods at the designated interment space or has actually furnished preneed cemetery company contract services. See West Virginia Code 35-5B-1
  • 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
  • Felony: A crime carrying a penalty of more than a year in prison.
  • 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.
  • Grave: means a below-ground right of interment. See West Virginia Code 35-5B-1
  • in writing: include any representation of words, letters or figures, whether by printing, engraving, writing or otherwise. See West Virginia Code 2-2-10
  • Interment: means the disposition of human remains by earth burial, entombment or inurnment. See West Virginia Code 35-5B-1
  • 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.
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • offense: includes every act or omission for which a fine, forfeiture or punishment is imposed by law. See West Virginia Code 2-2-10
  • 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.
  • Personal property: All property that is not real property.
  • personal property: include goods, chattels, real and personal, money, credits, investments and the evidences thereof. See West Virginia Code 2-2-10
  • Preneed: means at any time other than either at the time of death or while death is imminent. See West Virginia Code 35-5B-1
  • Preneed cemetery company contract: means a contract for the sale of real and personal property, goods 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 one hundred twenty days after the receipt of initial payment on account of such sale. See West Virginia Code 35-5B-1
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • real property: include lands, tenements and hereditaments, all rights thereto and interests therein except chattel interests. See West Virginia Code 2-2-10
  • seller: means any person, partnership, firm or corporation engaged in the business of operating a cemetery or selling property, goods 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 goods or performance of the service may be delayed later than one hundred twenty days after receipt of the initial payment on account of such sale. See West Virginia Code 35-5B-1
  • Specific trust funds: means funds identified with a certain preneed cemetery company contract for personal property, goods or services. See West Virginia Code 35-5B-1
  • state: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
  • Tax Commissioner: means the secretary of the West Virginia Department of Tax and Revenue. See West Virginia Code 35-5B-1
  • 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.
  • Trustee: means any natural person, partnership or corporation, including any bank, trust company, broker-dealer, foreign state charter trust, savings and loan association or credit union which receives money in trust pursuant to any agreement or contract made pursuant to the provisions of this article. See West Virginia Code 35-5B-1