N.J. Admin. Code § 13:44J-13.2

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:44J-13.2 - Application for dissolution of a cemetery company

(a) A cemetery company shall not dissolve without obtaining approval of the Board. The cemetery company shall arrange for a successor in interest to maintain the cemetery.

(b) A cemetery company which wishes to dissolve shall submit to the Board:

1. A certified statement by the board of trustees or directors of the cemetery company which:

i. Sets forth the reasons for dissolution;

ii. Identifies all of the assets and liabilities of the cemetery company, including any outstanding legal actions or matters which may result in legal actions, and sets forth the amounts of all such assets and liabilities;

iii. States that the cemetery company is transferring its cemetery property in good faith, and has concluded that, to the best of its knowledge, the transfer would not work an injustice on any party;

iv. States that, when the dissolution becomes effective, the cemetery company will surrender its certificate of authority to the Board and cease cemetery activities; and

v. Sets forth a proposal for the continued administration of the Maintenance and Preservation Fund.

2. A certified statement of the successor in interest which states that:

i. The successor in interest agrees to accept all of the duties, liabilities, obligations, rights, and assets of the cemetery company, including the duty to maintain the cemetery;

ii. The successor in interest holds a certificate of authority issued by the Board, or it is a religious corporation organized pursuant to either Title 16 of the New Jersey Statutes or a special act of the Legislature, or it is a religious society;

iii. If the successor in interest is a religious corporation organized pursuant to either Title 16 of the New Jersey Statutes or a special act of the Legislature, or it is a religious society, burials in the cemetery will be restricted to members of the faith and families of members of the faith; and

iv. The successor in interest accepts that transfer of the cemetery property of the cemetery company in good faith, and has concluded that, to the best of its knowledge, the transfer would not work an injustice on any party; and

3. A copy of the resolution of dissolution approved by:

i. In the case of a cemetery company not owned by shareholders, a majority of the board of trustees and a majority of voting members at a meeting for which notice was given in accordance with 45:27-10; or

ii. In the case of a cemetery owned by shareholders, a majority of shareholders.

(c) The Board may request additional information from the applicant regarding the application.

N.J. Admin. Code § 13:44J-13.2

Amended R.2000 d.487, effective 12/4/2000.
See: 32 New Jersey Register 3261(a), 32 New Jersey Register 4265(a).
Rewrote the section.
Amended by R.2006 d.203, effective 6/5/2006.
See: 37 N.J.R. 4877(a), 38 N.J.R. 2502(a).
Substituted "N.J.S.A. 45:27-10" for "N.J.S.A. 8A:3-17" in (b)3i.