Rule 590-3-3-.09 - Perpetual Care Trust Agreement(1) Filing. (a) Each cemetery owner shall file with the Secretary of State an executed copy of a perpetual care trust agreement with an application for registration.(2) Review. Any perpetual care trust agreement may be subject to the review and approval of the Secretary of State to determine compliance with the Act and these Rules. In the event the Secretary of State determines, after review, that the agreement does not comply with the Act and applicable Rules, the perpetual care cemetery shall be notified in writing by the Secretary of State regarding any changes required to be made for compliance with the Act and the Rules. (a) Any perpetual care trust agreement on file with the Secretary of State prior to July 1, 2000, may be reviewed by the Secretary of State and, if reviewed, the perpetual care cemetery shall be notified in writing of any changes required for compliance with the act and the rules and regulations promulgated thereunder.(b) A perpetual care cemetery, after written notification by the Secretary of State, shall have a reasonable period of time, not to exceed thirty (30) days, in which to respond and act upon changes to the perpetual care trust agreement required by the Secretary of State.(3) Amendments. (a) Each proposed amendment or change to the perpetual care trust agreement proposed by the perpetual care cemetery shall be submitted to the Secretary of State.(b) Each perpetual care cemetery shall be under a continuing duty to file with the Secretary of State any and all changes, amendments, or revisions of the perpetual care trust agreement.(c) Any proposed amendment or change to the perpetual care trust agreement on file with the Secretary of State may be reviewed by the Secretary of State, and if reviewed, the perpetual care cemetery shall be notified in writing of any changes required for compliance with the Act and the rules and regulations promulgated thereunder. The perpetual care cemetery shall have thirty (30) days from the receipt of the written notice in which to respond and act upon changes to the perpetual care trust agreement required by the Secretary of State.(4) Certification. Each Perpetual Care Trust Fund Agreement submitted to the Secretary of State must include a certification clause verifying that the agreement is in accordance with the Act and the Rules and Regulations.Ga. Comp. R. & Regs. R. 590-3-3-.09
O.C.G.A. Secs. 10-14-14, 44-3-134, 44-3-139.
Original Rule entitled "Perpetual Care Trust Agreement" was filed as Emergency Rule 590-3-3-0.10-.09 on July 7, 1983; effective July 1, 1983, the date of adoption, to remain in effect for 120 days or until the effective date of a permanent Rule covering the same subject matter is adopted, as specified by the Agency.Amended: Permanent Rule of the same title adopted. Filed September 9, 1983; effective October 5, 1983, as specified by the Agency.Amended: Filed December 20, 1988;effective January 9, 1989.Repealed: New Rule, same title adopted. F. July 26, 2000; eff. August 15, 2000.Repealed: New Rule of same title adopted. F. May 19, 2005; eff. June 8, 2005.Amended: F. Feb. 19, 2013; eff. Mar. 11, 2013.