In exceptional circumstances only, a perpetual care owner can make an application to the Secretary of State for an order directing the trustee to release trust principal for the extended care, maintenance or improvements to the perpetual care cemetery for which interest funds are insufficient. Before issuing such an order, the Secretary of State shall satisfy himself that the request is for a major capital expenditure that will advance the perpetual care life of the cemetery without undue risk to the solvency of the perpetual care trust fund. Consistent with this section, this shall be the only instance in which a perpetual care trust corpus may be utilized for cemetery maintenance and improvements. In the consideration of the application, the Secretary of State may require the production of any records deemed necessary and relevant to the cemetery's application for a major capital expenditure.
Structure Mississippi Code
Chapter 43 - Cemeteries and Burial Grounds
§ 41-43-33. Who is subject to cemetery law
§ 41-43-35. Designation of cemetery organizations as perpetual care cemeteries
§ 41-43-39. Operation as perpetual care cemetery; procedure by existing organizations
§ 41-43-45. Lots sold to public to be free from liens; sale or transfer of lots by purchaser
§ 41-43-47. Cemetery rules and regulations
§ 41-43-51. Rule against perpetuities inapplicable to perpetual care funds