55-12-5. Previously existing cemetery becoming a perpetual care cemetery--Creation and maintenance of perpetual care fund.
Any such organization subject to the provisions of this chapter which was organized and engaged in business prior to February 28, 1955, shall be a perpetual care cemetery if it shall at all times comply with the requirements of a perpetual care cemetery as set forth in §55-12-4. Trust funds set aside under §47-29-22 shall be administered under this chapter.
Source: SL 1955, ch 97, §4; SDC Supp 1960, §11.19A04.
Structure South Dakota Codified Laws
Title 55 - Fiduciaries and Trusts
Chapter 12 - Cemetery Perpetual Care Funds
Section 55-12-1 - Cemeteries subject to provisions of chapter.
Section 55-12-2 - Classification of cemeteries.
Section 55-12-3 - Operation of perpetual care cemetery--Creation of perpetual care fund required.
Section 55-12-4 - Continuance of operation--Cemetery principal fund deposits.
Section 55-12-8 - Income from cemetery principal fund--Transfer to earnings fund--Use.
Section 55-12-9 - Nonperpetual care cemeteries.
Section 55-12-10 - Nonperpetual care cemetery sign--Requirements as to display.
Section 55-12-15 - Violations as petty offenses.
Section 55-12-16 - Severability of provisions.
Section 55-12-17 - Annual financial report.
Section 55-12-19 - Attorney general investigation into use of earnings fund--Subpoena.
Section 55-12-20 - Procedures available to attorney general.
Section 55-12-21 - Court action to enforce compliance.
Section 55-12-22 - Injunction to restrain use of money in earnings fund.
Section 55-12-23 - Restoration of misused money or property--Appointment of receiver.