Rules of the Arkansas Cemetery Board
Rule 22 Filing of Information by Existing Cemeteries Who Have Not Previously Filed Annual Reports


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EFFECTIVE JANUARY 1, 1978

RULE 22 FILING OF INFORMATION BY EXISTING CEMETERIES WHO HAVE NOT PREVIOUSLY FILED ANNUAL REPORTS
22.01 FEES. 

The fee for filing such information shall be $100.00                                   

22.02

Any application filed under Section 22 of this Act shall contain the following additional information: 

(1)

The applicant’s form of business organization, i.e., corporation, partnership, sole proprietorship, etc.  If the form of business is a corporation, the applicant must state if it is organized under the laws of the State of Arkansas or advise under which State law it is organized.

(2)  

If the cemetery corporation is a foreign corpora­tion, its resident agent for service of process, the address of its  home office, and a statement that it has been registered with the Secretary of State as a foreign corporation doing business in Arkansas. 

(3)

The names and addresses of applicant’s managing officers and Board of Directors; or if a partnership, the names and addresses of all partners and their respective share of the business. 

(4)

The outstanding capital stock of the applicant and a list of the stockholders.  The list of stockholders must indicate if a stockholder of record holds the stock as trustee or agent for someone other than himself. 

(5)

A copy of the Articles of Incorporation or Bylaws duly authenticated and certified by the proper authority, or if a partnership, a partnership agreement. 

(6)

A statement that the corporation is or is not a subsidiary of another corporation, and if it is, the name of the parent organization, the percentage of voting securities owned by the parent or any other basis of control by the parent. 

(7)

A description of all property held by the corporation or other form of business organization.  If any such property is not held in fee or is subject to any encumbrance, so state and briefly describe how held. 

(8)

A statement as to whether applicant is the owner or operator of any other cemetery in this or any other state and the name and address of said cemetery (cemeteries). 

(9)

If there are any pending legal proceedings against the corporation or one of its officers, agents or employees, or against the partners of a partnership or owner of a proprietorship, a statement briefly describing the nature of these proceedings. 

(10)

A consolidated balance sheet and a profit and loss statement prepared by an independent certified public accountant showing the financial condition of the applicant as of thirty (30) days before the filing of the application. 

(11)

The percentage of gross sales that are placed in the perpetual care fund or other method by which contributions are made to the perpetual care fund. 

(12)

The cemetery company shall file a copy of its sales contract and deed of conveyance.

22.03 SURVEY AND MAP. 

In lieu of filing a survey and map with the Board, the applicant may file a survey and map with the State Health Department, in a form satisfactory to the State Health Department as a part of the investigation set forth in Section 9 of the Act and such filing shall be accepted by the Board. 

22.04

Upon receipt of the above listed information, the Board will hold a public hearing.  If the filing is in compliance with the Act and Rules, then the Board will issue an initial Letter of Compliance and the cemetery company shall thereafter operate under an annual operating permit in the same manner as cemeteries covered by the prior Cemetery Act.  (Act 250 of 1953). 

 

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