Where any cemetery authority owning, operating, controlling or managing a cemetery or any trustee for the cemetery authority has accepted care funds pursuant to the Endowed Care Cemetery Act and dissolution is sought by the cemetery authority in any manner, by resolution of the cemetery authority or the trustees of the cemetery authority, notice shall be given to the director of the intentions to dissolve. It is the director's duty to see that proper disposition is made of the care funds held by or for the benefit of the cemetery authority, as provided by law or in accordance with the trust provisions of any gift, grant, contribution, payment, devise or bequest or pursuant to any contracts whereby the funds were created. The director may apply to the district court for the appointment of any receiver, trustee or successor in trust or for direction of the court as to the proper disposition to be made of the care funds, to the end that the uses and purposes for which the trust or care funds were created may be accomplished.
History: 1953 Comp., § 67-29-15, enacted by Laws 1961, ch. 156, § 15; 2001, ch. 149, § 15.
The 2001 amendment, effective July 1, 2001, substituted "director" for "state bank examiner" in two places, and substituted "district court" for "court of competent jurisdiction".
Am. Jur. 2d, A.L.R. and C.J.S. references. — 14 Am. Jur. 2d Cemeteries § 27.
Structure New Mexico Statutes
Chapter 58 - Financial Institutions and Regulations
Article 17 - Endowed Care of Cemeteries
Section 58-17-1 - Declaration of policy.
Section 58-17-2 - Short title.
Section 58-17-3 - Definitions.
Section 58-17-4 - Gifts and contributions; care funds; trust funds.
Section 58-17-5 - Loans by cemeteries.
Section 58-17-6 - Instrument regarding care to be furnished by cemetery authority.
Section 58-17-7 - Representations regarding care and maintenance to be furnished.
Section 58-17-8 - Care funds not subject to tax.
Section 58-17-9 - Compliance with law required.
Section 58-17-10 - Registration with director.
Section 58-17-11 - Deposit or bond of endowed care cemeteries.
Section 58-17-12 - Display of signs.
Section 58-17-13 - Enforcement of provisions of act by director.
Section 58-17-14 - Proceedings in case of law violations.
Section 58-17-15 - Disposition of care funds upon dissolution.
Section 58-17-16 - Violations; punishment.
Section 58-17-18 - Establishing a cemetery authority.
Section 58-17-19 - Transfer of ownership.
Section 58-17-20 - Denial, suspension or revocation of registration.