AZ LAW BOOK

32-2194.16. Sale of undeveloped cemetery property With regard to cemetery property which is undeveloped, development must commence for that particular section or building within five years after the date of the first sale of a plot. 32-2194.17. Transaction of cemetery business Only a corporation or a limited liability company duly organized to conduct cemetery business may transact cemetery business pursuant to this article. 32-2194.18. Application for authority to open and operate cemeteries Before a corporation may engage in or transact any business of a cemetery it must file an application for a certificate of authority with the commissioner. Such application must show that the corporation owns or is actively operating a cemetery in this state which is subject to the provisions of this chapter or that the applicant is in a position to commence operating a cemetery. 32-2194.19. Investigation of applicant before granting of certificate of authority where needed Upon receipt of an application for a certificate of authority to operate a cemetery, the commissioner shall cause an investigation to be made of the physical status, plans, specifications and financing of the proposed cemetery, the character of the applicant, including its officers, directors, shareholders or members, and any other qualifications required of the applicant under this article. If the commissioner finds that the applicant has complied with all the provisions of this article and further finds that the area in which the proposed cemetery is to be located is not already adequately served, then he shall grant the certificate of authority. 32-2194.20. Right of cemetery to make rules and regulations Any cemetery subject to the provisions of this article may make, adopt, amend, add to, revise, or modify and enforce rules and regulations for the use, care, control, restriction and protection of all or any part of its cemetery, provided these rules and regulations are not contrary to law. These rules and regulations shall be on file with the real estate commissioner and shall at all times be posted in a conspicuous place in the offices of the cemetery or at some other place within the cemetery as may be convenient for inspection. 32-2194.21. Survey of property; maps and plats Every cemetery, from time to time as its property may be required for interment purposes, in addition to the other requirements of the article, shall: 1. In case of land, survey and subdivide it into sections, blocks, plots, avenues, walks or other subdivisions, and make a good and substantial map or plat showing the sections, plots, avenues, walks or other subdivisions, with descriptive names or numbers. 2. In case of a mausoleum, or crematory and columbarium, it shall make a good and substantial map or plat on which shall be delineated the sections, halls, rooms, corridors, elevations, and other divisions, with descriptive names or numbers. 32-2194.22. Filing maps and declaration of dedication The cemetery, in addition to filing the map or plat in the office of the county recorder as required by subdivisions, shall also file for record in the county recorder's office, a written declaration of dedication of the property delineated on the map or plat dedicating the property exclusively to cemetery purposes. 32-2194.23. Nonapplication of law against perpetuities Dedication to cemetery purposes pursuant to this chapter is not invalid as violating any laws against perpetuities, but is expressly permitted and shall be deemed to be in respect for the dead, a provision for the interment of human remains, and a duty to, and for the benefit of, the general public. 32-2194.24. Trust fund to be established before certificate of authority granted No certificate of authority shall issue to a corporation or limited liability company organized for the purpose of maintaining and operating a cemetery unless the articles of incorporation or organization certify to the establishment of an irrevocable trust fund for maintenance and operation in accordance with the provisions of this article, and there is attached to the articles of incorporation or organization the

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Law Book Revised 11.02.2017