35-21-845. Endowment care fund -- investment of funds -- use of income -- permissible investment securities. (1) A mausoleum-columbarium authority may place its mausoleum or columbarium under endowment care and establish, maintain, and operate an irreducible endowment care fund.
(2) Endowment care and special care funds may be commingled for investment, and the income from the funds must be divided between the endowment care and special care funds in the proportion that each fund contributed to the principal sum invested. The funds may be held in the name of the mausoleum-columbarium authority or its directors or in the name of the trustees appointed by the mausoleum-columbarium authority.
(3) The principal of all funds for endowment care must forever remain irreducible and inviolable and must be maintained separate and distinct from all other funds.
(4) The principal of all funds for endowment care must be invested, from time to time reinvested, and kept invested, and the income earned must be used solely for the general care, maintenance, and embellishment of the mausoleum or columbarium, or both, and the grounds on which they are situated and must be applied in a manner that the mausoleum-columbarium authority may from time to time determine to be for the best interests of the mausoleum-columbarium.
(5) The endowment care funds must be invested, reinvested, and kept invested in securities that are legal investments for public employees' retirement funds under the laws of the state of Montana.
History: En. Sec. 21, Ch. 283, L. 1999.
Structure Montana Code Annotated
Title 35. Corporations, Partnerships, and Associations
Chapter 21. Mausoleum and Columbarium Authorities
Part 8. Mausoleum-Columbarium Authorities
35-21-803. Exemptions and limitations on applicability
35-21-804. Incorporation required to transact business
35-21-806. through 35-21-809 reserved
35-21-810. Disposition of remains -- liability
35-21-811. Limitations on actions -- exemptions from liability
35-21-812. Removal of remains -- when removal excepted
35-21-813. through 35-21-819 reserved
35-21-820. Map or plat -- filing -- tax exemption
35-21-821. Effect of dedication
35-21-822. Removal of dedication by court
35-21-823. and 35-21-824 reserved
35-21-825. Sale of interment plots
35-21-826. Resale of plots for profit -- commissions -- penalties
35-21-827. Property interests in plot -- estate tax
35-21-829. and 35-21-830 reserved
35-21-831. Termination of right of interment -- limitation on right
35-21-832. Conveyance to mausoleum-columbarium authority by plot owner
35-21-834. Co-owners -- mausoleum-columbarium authority liability
35-21-835. through 35-21-839 reserved
35-21-841. through 35-21-844 reserved
35-21-846. Plans for general care and endowment care
35-21-847. Fund trustees -- compensation -- annual financial report
35-21-848. Endowment care fund gifts and contributions
35-21-849. Signs required for nonendowment and endowment care -- penalties
35-21-850. Annual report of endowment care mausoleum-columbarium