The provisions of this paragraph notwithstanding, a person licensed by the Board of Funeral Service as a funeral services director in full and continuous charge or an owner of a cemetery licensed by the State Board of Cemeterians as a cemeterian shall not be required to separately register as a preneed dealer provided that the requirements of subparagraphs (A) through (N) of this paragraph are satisfied.
The property described herein shall not be sold, conveyed, leased, mortgaged, or encumbered except as provided by the prior written approval of the Secretary of State, as provided in the Georgia Cemetery and Funeral Services Act of 2000.”
Such notice shall have been clearly printed in boldface type of not less than ten points and may be included on the face of the deed of conveyance to the applicant or may be contained in a separate recorded instrument that contains a legal description of the property.
In addition, the Secretary of State, by rule, may provide for other exceptions from registration.
“NOTICE
History. Code 1981, § 44-3-134, enacted by Ga. L. 1983, p. 1508, § 1; Ga. L. 1984, p. 22, § 44; Ga. L. 1986, p. 10, § 44; Ga. L. 1986, p. 1468, §§ 4-6; Ga. L. 1994, p. 329, § 1; Ga. L. 1998, p. 128, § 44; Code 1981, § 10-14-4 , as redesignated by Ga. L. 2000, p. 882, § 1; Ga. L. 2012, p. 625, § 8/HB 933; Ga. L. 2017, p. 774, § 10/HB 323.
The 2017 amendment, effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, revised punctuation in subparagraph (b)(1)(L).
Cross references.
Abandonment and forfeiture of cemetery lots, § 44-5-211 .
Structure Georgia Code
Chapter 14 - Cemetery and Funeral Services
§ 10-14-2. Regulation of Preneed Dealers, Registrants, and Cemetery Companies; Licenses
§ 10-14-3.1. Authority of Boards
§ 10-14-5. Preneed Sales Agents; Contracts; Retention of Employee Data
§ 10-14-5.1. Relationship Between Life Insurance and Funeral Establishment
§ 10-14-6. Irrevocable Trust Fund
§ 10-14-7. Preneed Escrow Accounts or Trust Funds
§ 10-14-7.1. Trust Accounts for Preneed Funds
§ 10-14-8. Prohibition of Certain Persons From Employment; Notice and Hearing; Emergency Orders
§ 10-14-9. Amendment of Registration Application; State Audit of Records; Change of Ownership
§ 10-14-10. Minimum Acreage for Cemeteries; Exceptions
§ 10-14-13. Venue for Civil or Criminal Actions
§ 10-14-14. Administration of Chapter; Rules and Regulations
§ 10-14-15. Investigations by Secretary of State; Subpoenas; Hearings
§ 10-14-16. Cemetery Rules and Regulations; Service Charges
§ 10-14-17. Prohibited Acts; Fees
§ 10-14-18. Duties of Registrant; Written Contract
§ 10-14-19. Enforcement of Chapter; Civil Penalties
§ 10-14-20. Criminal Penalties
§ 10-14-21. Purchaser’s Remedy for Violations
§ 10-14-22. [Effective Until July 1, 2023. See note.] Judicial Appeal of Order of Secretary of State
§ 10-14-22. [Effective July 1, 2023. See note.] Judicial Appeal of Order of Secretary of State
§ 10-14-23. Administrative Appeal of Order of Secretary of State
§ 10-14-24. Effect of Consent to Service of Process
§ 10-14-25. Waiver of Rights or Defenses in Cemetery Purchase Agreements Void
§ 10-14-26. Secretary of State Immune From Liability
§ 10-14-28. Actions Pending Under Prior Law
§ 10-14-29. Construction Regulations; Preconstruction Trust Funds
§ 10-14-30. Adoption of Minimum Standards by Secretary of State