239 Mass. Reg. 3.16

Current through Register 1524, June 21, 2024
Section 3.16 - Corporations, LLCs, LLPs, and Other Entities
(1) A corporation, LLC, LLP, or other such entities may engage in the Profession and Business of Embalming and Funeral Directing only if:
(a) a controlling interest in that entity is held by one or more individuals holding a Type 3.

This shall be determined based on the distribution of authorized stock or other such evidence of ownership;

(b) the business of that entity is under the direction and control of one or more Type 3s , who shall be held responsible for ensuring that that the entity complies with M.G.L. c. 112, §§ 61 through 65A, 82 through 87, and 239 CMR;
(c) the entity meets the professional liability insurance requirements set forth in 239 CMR 3.17; and
(d) the entity does not hold an ownership interest in, or engage in, any business other than the Profession and Business of Embalming and Funeral Directing as defined in 239 CMR 3.01.
(2) Changes in the controlling interest held by a Type 3 in a corporation, LLC, LLP, or other such entity operating a Licensed Funeral Establishment which causes the individual(s) holding the controlling interest to change shall be construed as a change in ownership in the Licensed Funeral Establishment itself as described in 239 CMR 3.04 and 3.06.

239 CMR 3.16

Amended by Mass Register Issue S1331, eff. 1/27/2017.