Rules of the Arkansas Cemetery Board
Rule 8 Additional Information Required by Board


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EFFECTIVE JANUARY 1, 1978

RULE 8 ADDITIONAL INFORMATION REQUIRED BY BOARD
8.01 APPLICATION FOR NEW CEMETERY OR EXTENSION OF BOUNDARIES OF EXISTING CEMETERY.
A.

Any application filed pursuant to Section 7 of the 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)

Applicant must show as a separate exhibit an estimate of the volume of sales which he expects to produce in the first five years of operation.  This should be based upon such things as the population growth and popula­tion make-up of the area, the number of cemeteries in the area, the condition of these cemeteries and any other relevant facts. The exhibit should include a statement concerning the method of sales promotion which applicant intends to employ, i.e., a promotional program with a full time salesman or a sales contract with some promotional sales company.

(12)

Any other evidence which would show a public need for the cemetery.

B.

If any of the information required by Rule 8.01 is already on file with the Board, the applicant may incorporate the previous filings by reference in the application.

C.

Cemetery corporations making application after the date of the adoption of these rules will be required to place a minimum of 20% of the gross sales price of each lot into the permanent mainte­nance fund, unless they can show cause why the Board should allow them to place a lower percent­age than 20% into said fund.  In no case shall the Board allow a cemetery to place less than the minimum statutory 10% into the permanent mainte­nance fund.

D.

The Board may require a cemetery to submit such other information it deems necessary.

 

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