Section 5c. The corporation and its officers shall owe a fiduciary duty to a contributor to the trust fund, his heirs and legal representatives to hold and expend the funds strictly consistent with the purposes of section 5. A contributor to the trust fund, his heirs and legal representatives who were required to invest in the trust fund as a condition of purchasing a right of burial shall have all rights and protections of chapter 110A.
Structure Massachusetts General Laws
Part I - Administration of the Government
Chapter 114 - Cemeteries and Burials
Section 1a - Organization of Cemetery Corporations
Section 1b - Cemetery Corporations; Liability of Directors, Officers or Trustees
Section 2 - Powers and Duties of Cemetery Corporations
Section 2a - Cemetery Corporations; Disclosure; Penalty
Section 3 - Cemetery Corporations; Records of Conveyances of Burial Lots
Section 3a - Cemetery Corporations; Ownership of Unclaimed Graves; Reuse of Occupied Graves
Section 4 - Cemetery Corporations; Certified Copies of Recorded Deeds and Instruments; Evidence
Section 5 - Cemetery Corporations; Trust Funds
Section 5a - Cemetery Corporations; Burials; Designated Funeral Director
Section 5b - Cemetery Corporations; Notification of Certain Options for Burial Services; Penalty
Section 5c - Cemetery Corporations; Fiduciary Duty Owed to Contributors to Trust Fund
Section 6 - Cemetery Corporations; Cremation
Section 7 - Formation and Organization of Crematory Corporations
Section 8 - Crematory Corporations; Acquisition and Holding of Land in Fee
Section 10 - Town Burial Places
Section 10a - Municipality Ownership of Unclaimed Graves; Reuse of Occupied Graves
Section 12 - Public Cemeteries; Taking of Land for Burial Places; Hearing Notice
Section 13 - Public Cemeteries; Adjudication by Commissioners; Taking
Section 16 - Appropriation for and Care of Public Cemeteries
Section 17 - Preservation of Ancient Burial Places
Section 18 - Care of Neglected Burial Places Within Limits of Town
Section 21 - Public Cemeteries; Investment of Funds; Interest
Section 22 - Town Board of Cemetery Commissioners; Election of Members
Section 23 - Board of Cemetery Commissioners; Powers and Duties
Section 24 - Board of Cemetery Commissioners; Conveyance of Burial Lots; Record; Fee
Section 26 - Board of Cemetery Commissioners; Limit of Debts or Liabilities; Annual Report
Section 27 - Appointment of Board of Cemetery Commissioners; Powers and Duties
Section 30 - Hearing as to Representation of Cemetery Lot or Tomb
Section 31 - Descent of Family Cemetery Lot to Heirs
Section 32 - Right of Person to Interment; Release
Section 33 - Right of Husband to Interment
Section 35 - Lands to Be Used for Burial; Approval
Section 36 - Use of Cemeteries; Appeal From Order of Board of Health; Hearing
Section 37 - Use of Cemeteries; Regulations by Local Boards of Health; Notice
Section 38 - Closing of Tombs, Burial Ground or Cemetery; Hearing; Notice
Section 39 - Owner of Tomb; Appeal From Order of Board of Health
Section 40 - Use of Cemeteries; Jury Trial; Rescission of Order; Costs and Double Costs
Section 41 - Laying Out or Constructing Public Ways In, Upon or Through Burial Places; Authority
Section 42 - Passage Through Cemeteries
Section 42a - Visitation Hours of Cemeteries
Section 42b - Commercial Use of Cemeteries; Consent; Penalties
Section 43 - Buildings Upon Burial Places
Section 43a - Ownership, Maintenance and Operation of Cemeteries; Private Profit
Section 43b - Sale of Cemetery Lots and Plots for Speculative Purposes
Section 43d - Location of Community Mausoleums; Exceptions
Section 43e - New Community Mausoleums; Plans and Specifications; Approval; Construction
Section 43f - Community Mausoleums; Construction; Supervision
Section 43g - Use of Community Mausoleum Prior to Completion; Care and Improvement Fund
Section 43h - Sale of Community Mausoleum Prior to Completion
Section 43i - Removal of Bodies Constituting Menace to Public Health
Section 43j - Permanent Care and Improvement Fund for Community Mausoleums
Section 43k - Custodian of Fund; Administration and Investment
Section 43l - Abating or Enjoining Nuisance
Section 43m - Permanent Disposition of Dead Bodies or Remains
Section 43n - Penalties; Violations of This Chapter
Section 43o - Sale of Monuments for Cemetery Lots by Cemetery Corporations
Section 44 - Cremation of Bodies
Section 44a - Receptacles for Cremated Remains; Caskets
Section 45 - Burial Permits; Permits for Removal of Bodies; Certificates of Death; Deceased Veterans
Section 45a - Funeral Director's Name Used in Connection With Death Certificate or Burial Permit
Section 46 - Permit for Burial of Bodies Brought Into Commonwealth; Certificate; Recording
Section 46a - Veterans; Burial; Affidavit; Veteran Graves Officer
Section 48 - Cremation; Certificates for Burial
Section 49 - Licensing of Funeral Directors; Revocation or Suspension; Hearing; Fees; Permits