A. A person establishing or acquiring a cemetery subject to the Endowed Care Cemetery Act shall file an initial registration with the director that contains the following information:
(1) a detailed financial statement of the proposed owners;
(2) a current credit report of the person establishing or acquiring the cemetery and a resume for each principal;
(3) the full name and address of the registrant, if an individual; of every member, if the registrant is a partnership or an association; of every officer, if the registrant is a corporation; and of any person owning ten percent or more of the cemetery;
(4) a plot plan that identifies the endowed care sections of the cemetery and all plans for future expansion of the cemetery;
(5) a copy of the form of contracts or instruments to be used in the sales of endowed care lots, graves, crypts or niches;
(6) proof of ability to make the initial deposit or secure a surety bond as required by Section 58-17-11 NMSA 1978;
(7) a registration fee in the amount of fifty dollars ($50.00); and
(8) any other information requested by the director.
B. Failure to submit the information specified in Subsection A of this section shall result in the denial of the registration to sell endowed care. Until a registration to operate a cemetery is approved by the director, a person establishing or acquiring a cemetery authority shall not advertise, represent, guarantee, promise or contract that perpetual care, endowed care or any similar care will be furnished.
History: Laws 2001, ch. 149, § 18.
Effective dates. — Laws 2001, ch. 149, § 22 makes the act effective July 1, 2001.
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.