1. The trustee of an endowment care fund that is operating as a unitrust shall adopt a written investment policy that supports the growth of the fund.
2. Except as otherwise provided in subsection 4, the trustee of an endowment care fund that is operating as a unitrust may disburse to the cemetery authority during a calendar year an amount not to exceed the sum of 5 percent of the value of the endowment care fund at the beginning of the calendar year and any additional taxes or fees imposed on the distribution.
3. The trustee of an endowment care fund that is operating as a unitrust shall not make a disbursement to the cemetery authority from the fund if, after making the disbursement, the value of the fund would be less than 80 percent of the value of the fund at the end of the immediately preceding calendar year.
4. The Administrator may prohibit the trustee of an endowment care fund that is operating as a unitrust from making a disbursement to the cemetery authority or limit the amount of such a disbursement if the Administrator determines, based on the value of the fund, that the principal of the fund is not adequately protected. For the purposes of this subsection, the value of the fund must be determined at the end of the calendar year by averaging, over the preceding 3 years or during the period of the trust’s existence, whichever is less, both the income and the principal of the trust.
(Added to NRS by 2017, 1202)
Structure Nevada Revised Statutes
NRS 452.001 - Applicability of provisions.
NRS 452.002 - Adverse use by public presumptive evidence of dedication as public cemetery.
NRS 452.004 - "Administrator" defined.
NRS 452.0055 - "Board" defined.
NRS 452.007 - "Buyer" defined.
NRS 452.0075 - "Cemetery" defined.
NRS 452.008 - "Cemetery authority" defined.
NRS 452.0085 - "Division" defined.
NRS 452.0087 - "Endowment care cemetery" defined.
NRS 452.018 - "Sales commission" defined.
NRS 452.019 - "Seller" defined.
NRS 452.023 - "Unitrust" defined.
NRS 452.025 - Regulations of Administrator.
NRS 452.026 - Regulations of Board.
NRS 452.027 - Cooperation and exchange of information between Administrator and Board.
NRS 452.070 - Authority may collect fee from purchaser of plot for maintenance of cemetery.
NRS 452.080 - Agreement for endowment care.
NRS 452.090 - Agreement concerning maintenance of plot.
NRS 452.120 - Requirements for deposit by endowment care cemetery.
NRS 452.130 - Additional deposit required before disposition of plot.
NRS 452.140 - Endowment care cemetery may contain area without endowment care; requirements.
NRS 452.160 - Use of funds; authorized investments; annual financial statements.
NRS 452.200 - Liability and penalty for unauthorized use or investment of funds.
NRS 452.220 - Requirements for construction of crypt or catacomb.
NRS 452.230 - Supervision of construction: Inspector; final certificate.
NRS 452.235 - Certificate of occupancy required before use.
NRS 452.250 - Deposit of money required by NRS 452.120.
NRS 452.330 - Content of financial statement.
NRS 452.340 - Certificate of authority: Issuance; duration.
NRS 452.350 - Regulations of cemetery authority.
NRS 452.360 - Map of cemetery: Requirements; content; inspection.
NRS 452.410 - Certificate of occupancy required before sale of crypt or niche; exceptions.
NRS 452.645 - Applicability of provisions.
NRS 452.650 - Adoption of local ordinances.
NRS 452.655 - Dedication of property for use as cemetery: Procedure; effect.
NRS 452.660 - Dedication of property for use as cemetery: Removal of dedication.
NRS 452.665 - Dedication of property for use as cemetery: Priority over encumbrances.
NRS 452.670 - Prerequisites to operation of cemetery.
NRS 452.675 - Restriction on operation of crematory.
NRS 452.685 - Trust fund for endowment care: Requirements for deposit.
NRS 452.700 - Trust fund for endowment care: Exemption from process of law.
NRS 452.705 - Trust fund for endowment care: Minimum sums.
NRS 452.710 - Trust fund for endowment care: Trustees.
NRS 452.715 - Trust fund for endowment care: Administration.
NRS 452.730 - Posting and inspection of sign indicating endowment care.
NRS 452.735 - Unlawful acts; investigation by Administrator.