§441-46 - Surrender of license.
§441-46 Surrender of license. (a) A
pre-need authority licensee covered under this chapter may seek to terminate
all further responsibilities for compliance with the requirements of this
chapter by voluntarily offering to surrender its license to the director with a
sworn statement to that effect. The statement shall be accompanied by an
affidavit that the licensee has lawfully expended or refunded all pre-need
trust funds accepted by the person or made provisions to transfer the pre- need
trust funds subject to the obligations related thereto to another person
subject to approval of the director, and that the pre-need authority
surrendering the license will accept no additional pre-need payments.
(b) A cemetery authority licensee covered
under this chapter may seek to terminate all further responsibilities for
compliance with the requirements of this chapter by voluntarily offering to
surrender its license to the director with a sworn statement to that effect.
The statement shall be accompanied by an affidavit that the licensee has made
provisions to have the trustee of the perpetual care fund provide for the
perpetuity of the cemetery or to transfer the perpetual care fund subject to
the obligations related thereto to another person subject to the approval of
the director, and that the authority seeking to surrender the license will make
no additional interments.
(c) The person proposed to receive the
pre-need trust or perpetual care fund subject to the obligations related
thereto shall meet and satisfy the requirements of section 441-21 prior to the
director accepting the voluntary surrender of the pre-need or cemetery
authority license and canceling or revoking the license. [L 1985, c 101, §27;
am L 1988, c 73, §4]