65-71. Penalties.
(a) Except as provided in this subsection, a person violating any provisions of this Article is guilty of a Class 1 misdemeanor. Each failure to deposit funds in a trust fund in accordance with this Article is a separate offense. A person that has failed to deposit funds in a trust fund in accordance with this Article and whose delinquent deposits equal or exceed twenty thousand dollars ($20,000) is guilty of a Class I felony.
(b) The officers and directors or persons occupying similar status or performing similar functions of any cemetery company, cemetery sales organization, cemetery management organization, or cemetery broker, as defined in this Chapter, failing to make required contributions to the care and maintenance trust fund and any other trust fund or escrow account are liable for any offense based on the failure and upon conviction for the offense shall be punished in the manner prescribed by law. (1943, c. 644, s. 14; 1967, c. 1009, s. 13; 1975, c. 768, s. 1; 1991, c. 653, s. 9; 1993, c. 539, ss. 501, 1281; 1994, Ex. Sess., c. 24, s. 14(c); 2021-84, s. 2.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 9 - North Carolina Cemetery Act.
§ 65-49 - The North Carolina Cemetery Commission.
§ 65-50 - Cemetery Commission; members, selection, quorum.
§ 65-52 - Regular and special meetings.
§ 65-54 - Annual budget of Commission; collection of funds.
§ 65-54.1 - Commission records are confidential.
§ 65-55 - License; cemetery company.
§ 65-56 - Existing companies; effect of Article.
§ 65-57 - Licenses for sales organizations, management organizations and brokers.
§ 65-58 - Licenses for persons selling preneed grave space.
§ 65-59 - Application for a change of control; filing fee.
§ 65-60.1 - Trustees; qualifications; examination of records; enforcement.
§ 65-61 - Required trust fund for care and maintenance; remedy of Commission for noncompliance.
§ 65-62 - Individual contracts for care and maintenance.
§ 65-63 - Requirements for perpetual care fund.
§ 65-64 - Deposits to perpetual care fund.
§ 65-65 - Trust fund; financial reports.
§ 65-66 - Receipts from sale of personal property or services; trust account; penalties.
§ 65-67 - Applications for license.
§ 65-68 - License not assignable or transferable.
§ 65-69 - Minimum acreage; sale or disposition of cemetery lands.
§ 65-72 - Burial without regard to race or color.
§ 65-73 - Validation of certain deeds for cemetery lots executed by suspended corporations.