State Codes and Statutes

Statutes > North-carolina > Chapter_65 > GS_65-55

§ 65‑55.  License;cemetery company.

(a)        No legal entityshall engage in the business of operating a cemetery company except asauthorized by this Article and without first obtaining a license from theCommission.

(b)        Any legal entitywishing to establish a cemetery shall file a written application for authoritywith the Commission on forms provided by the Commission.

(c)        Upon receipt of theapplication and filing fee to be set by the Commission in an amount not toexceed one thousand six hundred dollars ($1,600), the Commission shall cause aninvestigation to be made to establish the following criteria for approval ofthe application:

(1)        The creation of alegal entity to conduct cemetery business, and its proposed financialstructure.

(2)        A perpetual care trustfund agreement, with an initial deposit of not less than fifty thousand dollars($50,000) and with a bank cashier's check or certified check attached for theamount made payable to the trustee. The trust fund agreement must be executedby the applicant, accepted by the trustee, and conditional only upon approvalof the application.

(3)        A plat of the landto be used for the cemetery, showing the location of the cemetery and theaccess roads to the cemetery.

(4)        Designation by thelegal entity wishing to establish a cemetery of a general manager. The generalmanager must be a person of good moral character and have at least one year'sexperience in cemeteries.

(5)        Development planssufficient to ensure the community that the cemetery will provide adequatecemetery services and that the property is suitable for use as a cemetery.

(d)        The Commission,after receipt of the investigating report, shall grant or refuse to grant theauthority to organize a cemetery based upon the criteria set forth in G.S. 65‑55(c).

(e)        If the Commissionintends to deny an application, it shall give written notice to the applicantof its intention to deny. The notice shall state a time and a place for ahearing before the Commission and a summary statement of the reasons for the proposeddenial. The notice of intent shall be mailed by certified mail to the applicantat the address stated in the application at least 15 days prior to thescheduled hearing date. The applicant shall pay the costs of this hearing asassessed by the Commission unless the applicant notifies the Commission bycertified mail at least five days prior to the scheduled hearing date that ahearing is waived. Any appeals from the Commission's decision shall be to thecourt having jurisdiction of the applicant or the Commission.

(f)         If the Commissionintends to grant the authority, it shall give written notice that the authorityto organize a cemetery has been granted and that a license to operate will beissued upon the completion of the following:

(1)        Establishment of thecare and maintenance trust fund and receipt by the Commission of a certificatefrom the trust company, certifying receipt of the initial deposit requiredunder this Article.

(2)        Full development,ready for burial, of not less than two acres including a completed paved roadfrom a public roadway to said developed section, certified by inspection of theCommission or its representative.

(3)        A description, bymetes and bounds, of the acreage tract of such proposed cemetery, together withevidence, by title insurance policy or by certificate of an attorney‑at‑law,certifying that the applicant is the owner in fee simple of such tract of land,which must contain not less than 30 acres, and that the title to not less than30 acres is free and clear of all encumbrances. In counties with a populationof less than 35,000 population according to the latest federal decennial censusthe tract need be only 15 acres.

(4)        A plat of thecemetery showing the number and location of all lots surveyed and permanently stakedfor sale. (1943,c. 644, s. 9; 1957, c. 529, s. 3; 1967, c. 1009, s. 9; 1975, c. 768, s. 1;1977, c. 686, s. 8; 1987, c. 488, s. 2; 1991, c. 653, s. 2; 2004‑202, s.2.)

State Codes and Statutes

Statutes > North-carolina > Chapter_65 > GS_65-55

§ 65‑55.  License;cemetery company.

(a)        No legal entityshall engage in the business of operating a cemetery company except asauthorized by this Article and without first obtaining a license from theCommission.

(b)        Any legal entitywishing to establish a cemetery shall file a written application for authoritywith the Commission on forms provided by the Commission.

(c)        Upon receipt of theapplication and filing fee to be set by the Commission in an amount not toexceed one thousand six hundred dollars ($1,600), the Commission shall cause aninvestigation to be made to establish the following criteria for approval ofthe application:

(1)        The creation of alegal entity to conduct cemetery business, and its proposed financialstructure.

(2)        A perpetual care trustfund agreement, with an initial deposit of not less than fifty thousand dollars($50,000) and with a bank cashier's check or certified check attached for theamount made payable to the trustee. The trust fund agreement must be executedby the applicant, accepted by the trustee, and conditional only upon approvalof the application.

(3)        A plat of the landto be used for the cemetery, showing the location of the cemetery and theaccess roads to the cemetery.

(4)        Designation by thelegal entity wishing to establish a cemetery of a general manager. The generalmanager must be a person of good moral character and have at least one year'sexperience in cemeteries.

(5)        Development planssufficient to ensure the community that the cemetery will provide adequatecemetery services and that the property is suitable for use as a cemetery.

(d)        The Commission,after receipt of the investigating report, shall grant or refuse to grant theauthority to organize a cemetery based upon the criteria set forth in G.S. 65‑55(c).

(e)        If the Commissionintends to deny an application, it shall give written notice to the applicantof its intention to deny. The notice shall state a time and a place for ahearing before the Commission and a summary statement of the reasons for the proposeddenial. The notice of intent shall be mailed by certified mail to the applicantat the address stated in the application at least 15 days prior to thescheduled hearing date. The applicant shall pay the costs of this hearing asassessed by the Commission unless the applicant notifies the Commission bycertified mail at least five days prior to the scheduled hearing date that ahearing is waived. Any appeals from the Commission's decision shall be to thecourt having jurisdiction of the applicant or the Commission.

(f)         If the Commissionintends to grant the authority, it shall give written notice that the authorityto organize a cemetery has been granted and that a license to operate will beissued upon the completion of the following:

(1)        Establishment of thecare and maintenance trust fund and receipt by the Commission of a certificatefrom the trust company, certifying receipt of the initial deposit requiredunder this Article.

(2)        Full development,ready for burial, of not less than two acres including a completed paved roadfrom a public roadway to said developed section, certified by inspection of theCommission or its representative.

(3)        A description, bymetes and bounds, of the acreage tract of such proposed cemetery, together withevidence, by title insurance policy or by certificate of an attorney‑at‑law,certifying that the applicant is the owner in fee simple of such tract of land,which must contain not less than 30 acres, and that the title to not less than30 acres is free and clear of all encumbrances. In counties with a populationof less than 35,000 population according to the latest federal decennial censusthe tract need be only 15 acres.

(4)        A plat of thecemetery showing the number and location of all lots surveyed and permanently stakedfor sale. (1943,c. 644, s. 9; 1957, c. 529, s. 3; 1967, c. 1009, s. 9; 1975, c. 768, s. 1;1977, c. 686, s. 8; 1987, c. 488, s. 2; 1991, c. 653, s. 2; 2004‑202, s.2.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_65 > GS_65-55

§ 65‑55.  License;cemetery company.

(a)        No legal entityshall engage in the business of operating a cemetery company except asauthorized by this Article and without first obtaining a license from theCommission.

(b)        Any legal entitywishing to establish a cemetery shall file a written application for authoritywith the Commission on forms provided by the Commission.

(c)        Upon receipt of theapplication and filing fee to be set by the Commission in an amount not toexceed one thousand six hundred dollars ($1,600), the Commission shall cause aninvestigation to be made to establish the following criteria for approval ofthe application:

(1)        The creation of alegal entity to conduct cemetery business, and its proposed financialstructure.

(2)        A perpetual care trustfund agreement, with an initial deposit of not less than fifty thousand dollars($50,000) and with a bank cashier's check or certified check attached for theamount made payable to the trustee. The trust fund agreement must be executedby the applicant, accepted by the trustee, and conditional only upon approvalof the application.

(3)        A plat of the landto be used for the cemetery, showing the location of the cemetery and theaccess roads to the cemetery.

(4)        Designation by thelegal entity wishing to establish a cemetery of a general manager. The generalmanager must be a person of good moral character and have at least one year'sexperience in cemeteries.

(5)        Development planssufficient to ensure the community that the cemetery will provide adequatecemetery services and that the property is suitable for use as a cemetery.

(d)        The Commission,after receipt of the investigating report, shall grant or refuse to grant theauthority to organize a cemetery based upon the criteria set forth in G.S. 65‑55(c).

(e)        If the Commissionintends to deny an application, it shall give written notice to the applicantof its intention to deny. The notice shall state a time and a place for ahearing before the Commission and a summary statement of the reasons for the proposeddenial. The notice of intent shall be mailed by certified mail to the applicantat the address stated in the application at least 15 days prior to thescheduled hearing date. The applicant shall pay the costs of this hearing asassessed by the Commission unless the applicant notifies the Commission bycertified mail at least five days prior to the scheduled hearing date that ahearing is waived. Any appeals from the Commission's decision shall be to thecourt having jurisdiction of the applicant or the Commission.

(f)         If the Commissionintends to grant the authority, it shall give written notice that the authorityto organize a cemetery has been granted and that a license to operate will beissued upon the completion of the following:

(1)        Establishment of thecare and maintenance trust fund and receipt by the Commission of a certificatefrom the trust company, certifying receipt of the initial deposit requiredunder this Article.

(2)        Full development,ready for burial, of not less than two acres including a completed paved roadfrom a public roadway to said developed section, certified by inspection of theCommission or its representative.

(3)        A description, bymetes and bounds, of the acreage tract of such proposed cemetery, together withevidence, by title insurance policy or by certificate of an attorney‑at‑law,certifying that the applicant is the owner in fee simple of such tract of land,which must contain not less than 30 acres, and that the title to not less than30 acres is free and clear of all encumbrances. In counties with a populationof less than 35,000 population according to the latest federal decennial censusthe tract need be only 15 acres.

(4)        A plat of thecemetery showing the number and location of all lots surveyed and permanently stakedfor sale. (1943,c. 644, s. 9; 1957, c. 529, s. 3; 1967, c. 1009, s. 9; 1975, c. 768, s. 1;1977, c. 686, s. 8; 1987, c. 488, s. 2; 1991, c. 653, s. 2; 2004‑202, s.2.)