IC 23-14-76

    

Chapter 76. Application of Corporations Laws to Cemetery
Associations


IC 23-14-76-1

Application of chapter

    

Sec. 1. This chapter does not apply to a cemetery owned by a
county or a township. However, if a cemetery owned by a county or
township is sold to a private entity, the purchaser is subject to this
chapter.

As added by P.L.52-1997, SEC.50.


IC 23-14-76-2

"Cemetery association" defined

    

Sec. 2. (a) As used in this chapter, "cemetery association" means
any cemetery association, cemetery corporation, or cemetery
organization that:

        (1) was established under this article before July 1, 1997; and

        (2) has not been reorganized under IC 23-1 or IC 23-17 before
January 1, 1998.

    (b) The term does not include a cemetery that is owned or
operated by a recognized church, religious society, or denomination.

    (c) The term includes the Union Chapel Cemetery Association (IC
23-14-71).

As added by P.L.52-1997, SEC.50.


IC 23-14-76-3

Application of business corporation and nonprofit corporation law

    

Sec. 3. Except as provided in section 4 of this chapter, after
December 31, 1997:

        (1) IC 23-1 applies to a cemetery association that has issued
shares of stock; and

        (2) IC 23-17 applies to a cemetery association that has not
issued shares of stock.

As added by P.L.52-1997, SEC.50.


IC 23-14-76-4

Voluntary election of application of business corporation and
nonprofit corporation law

    

Sec. 4. (a) Before January 1, 1998, a cemetery association may
elect to have the provisions of IC 23-1 or IC 23-17 apply
permanently to the cemetery association, irrespective of whether the
cemetery association has issued shares of stock.

    (b) A cemetery association electing to have IC 23-1 apply to the
cemetery association may:

        (1) incorporate or reincorporate under IC 23-1; or

        (2) if the cemetery association is a corporation, comply with the
following procedures:

            (A) The board of directors or trustees must adopt a
resolution electing to have the provisions of IC 23-1 apply to


the cemetery association.

            (B) The resolution must specify a date (before January 1,
1998) after which the provisions of IC 23-1 will apply to the
cemetery association.

            (C) The resolution must be filed with the secretary of state
before the date specified under clause (B).

    (c) A cemetery association electing to have IC 23-17 apply to the
cemetery association may:

        (1) incorporate or reincorporate under IC 23-17; or

        (2) if the cemetery association is a corporation, accept the
provisions of IC 23-17 by taking the actions set forth in
IC 23-17-1-1.

As added by P.L.52-1997, SEC.50.