Sec. 4. (a) Before January 1, 1998, a cemetery association may elect to have the provisions of IC 23-1 or IC 23-17 apply permanently to the cemetery association, irrespective of whether the cemetery association has issued shares of stock.

lawyer at desk

Ask a business law question, get an answer ASAP!
Thousands of highly rated, verified business lawyers.
Click here to chat with a lawyer about your rights.

Terms Used In Indiana Code 23-14-76-4

  • cemetery association: means any cemetery association, cemetery corporation, or cemetery organization that:

    Indiana Code 23-14-76-2

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
     (b) A cemetery association electing to have IC 23-1 apply to the cemetery association may:

(1) incorporate or reincorporate under IC 23-1; or

(2) if the cemetery association is a corporation, comply with the following procedures:

(A) The board of directors or trustees must adopt a resolution electing to have the provisions of IC 23-1 apply to the cemetery association.

(B) The resolution must specify a date (before January 1, 1998) after which the provisions of IC 23-1 will apply to the cemetery association.

(C) The resolution must be filed with the secretary of state before the date specified under clause (B).

     (c) A cemetery association electing to have IC 23-17 apply to the cemetery association may:

(1) incorporate or reincorporate under IC 23-17; or

(2) if the cemetery association is a corporation, accept the provisions of IC 23-17 by taking the actions set forth in IC 23-17-1-1.

As added by P.L.52-1997, SEC.50.

  Previous section
Next section  
 Chapter 76 Contents