Rules of the Arkansas Cemetery Board
Rule 11 Ownership Change in Cemetery Company


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EFFECTIVE JANUARY 1, 1978

RULE 11 OWNERSHIP CHANGE IN CEMETERY COMPANY
11.01 FORM OF APPLICATION. 

Applications need not be in any specific form but must be made in writing and under oath and in not less than eight (8) copies.  Applications shall have attached the information, designated as exhibits, required by Section 11 of the Act. 

11.02 ADDITIONAL INFORMATION REQUIRED BY THE BOARD.
A.

The cemetery company proposing to acquire the ownership of or a controlling interest in a cemetery company currently holding a permit shall file the information set forth in Rule 8.01A(1) through Rule 8.01A(10), unless upon proper showing the Board waives one or more of requirements. 

B.

If any of the information required by this Rule is already on file with the Board, the applicant may incorporate the previous filings by reference in the application. 

C.

The Board may require the cemetery company propos­ing to acquire or the cemetery company proposing to dispose of the ownership of a cemetery to submit such other information as it deems necessary.

11.03 PUBLIC HEARING. 

The Board shall consider all applica­tions filed pursuant to Section 11 of the Act at a regular quarterly meeting or a special meeting in accordance with Section 4 of the Act. 

11.04 DATE OF FILING. 

Applications must be filed with the Secretary at least twenty (20) calendar days prior to the regular quarterly Board meeting at which they are to be considered. 

11.05 VENDOR FILINGS WITH BOARD.
A.

Prior to the sale, the seller or transferor shall notify the Board of the proposed sale or transfer.  Such notification shall be made under oath and in not less than eight (8) copies.  Vendor shall attach as exhibits to the notification at least the following: 

(1)

Report disclosing balances as reported on last previous annual report, the amounts of sales for which payment has been made in full since the annual report, the corresponding deed numbers which have been issued, the amounts and dates of each deposit made to the permanent maintenance fund, and such other information necessary to show that all amounts due to be paid into the permanent maintenance fund have been satisfied. 

(2)

Listings detailing each house account receivable and each discounted note showing the name of the lot purchaser, the gross amount of the lot sales price and the outstanding balance. 

(3)

Report of the trustee disclosing the date and amount of all deposits to the trust fund since the annual report, the dates and amounts of income earned and disbursed since the annual report and a listing of all assets of the permanent maintenance fund delineating between principal assets and income assets.

(4)

All reports and listings required by Rule 11.05A shall be as of the same date, which date shall not be more than forty-five (45) days prior to the date of the Board meeting at which the application shall be heard, and shall be filed at least seven (7) calendar days prior to such meeting date. 

B.

If such application be approved by the Board, the seller or transferor shall, within seven (7) calendar days after the sale date, submit a statement under oath proving the currency of the permanent maintenance fund as of the sale date. 

11.06 ISSUANCE OF PERMIT TO VENDEE. 

If the Board finds that the vendor and the vendee have complied with the Act and Rules, the Board shall order the issuance of a new permit to the vendee.  The new permit shall supersede the previous permit.  The date of the new permit shall coincide with the date of sale.  The Board shall file a copy of the new permit with the County Clerk of the county in which the cemetery is located and shall send a copy of the new permit to the State Health Department.

 

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