West Virginia Code 35-5A-4 – Additional funding of permanent endowment care funds
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No person shall operate or continue to operate any perpetual care cemetery in the State of West Virginia after July 1, 1973, without placing into a permanent endowment care fund $10 or ten percent of the gross sales proceeds, whichever is greater, received from the sale of any burial right or lot and not less than five percent of the gross sales proceeds from the sale of any entombment right or columbarium right. This sum shall be placed in the permanent endowment care fund not later than thirty days following the month in which the entire gross sales proceeds are received.
Terms Used In West Virginia Code 35-5A-4
- Burial right: means the right of earth interment. See West Virginia Code 35-5A-1
- Columbarium right: means the right of inurnment in a columbarium for cremated remains. See West Virginia Code 35-5A-1
- Entombment right: means the right of entombment in a mausoleum. See West Virginia Code 35-5A-1
- Permanent endowment care fund: means a fund held in an irrevocable trust separate and apart from all other assets of the cemetery and dedicated for the exclusive use of perpetual care and maintenance of such cemetery. See West Virginia Code 35-5A-1
- Perpetual care cemetery: means a cemetery which advertises or represents to the public in any manner that it provides perpetual care or maintenance for burial grounds, mausoleums or columbaria and the fixtures attached thereto or which sells or offers to sell any interment right which is to be perpetually cared for or maintained. See West Virginia Code 35-5A-1
- Person: means any corporation, company, partnership, individual, association or other entity owning or operating a cemetery for the disposition of human remains. See West Virginia Code 35-5A-1
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10