Louisiana Revised Statutes 8:402 – Any person wishing to establish and operate the business of a cemetery sales organization or a cemetery management organization shall operate as a corporation as required by R.S. 8:2
Terms Used In Louisiana Revised Statutes 8:402
- Board: means the Louisiana Cemetery Board. See Louisiana Revised Statutes 8:1
- Cemetery: means a place used or intended to be used for the interment of the human dead and, to the extent allowed in accordance with this Title, pet remains. See Louisiana Revised Statutes 8:1
- Cemetery management organization: means a legal entity contracting as an independent contractor with a cemetery authority to manage a cemetery, but does not mean individual managers employed by or contracting directly with cemetery authorities operating under this title. See Louisiana Revised Statutes 8:1
- 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.
- Corporation: means any corporation or limited liability company which is authorized by its articles or an operating agreement to conduct any one or more of the businesses of a cemetery. See Louisiana Revised Statutes 8:1
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Owner: means a person to whom the cemetery authority has transferred full title to or the right of use of or interment in any cemetery space and who appears as the title holder in the official records of the cemetery authority. See Louisiana Revised Statutes 8:1
- Person: means an individual, corporation, limited liability company, partnership, joint venture, association, trust, or any other legal entity. See Louisiana Revised Statutes 8:1
- Sale: means the sale of the full title to any cemetery space or the sale of the right of use of or interment in any cemetery space. See Louisiana Revised Statutes 8:1
Any person wishing to establish and operate the business of a cemetery sales organization or a cemetery management organization shall operate as a corporation as required by La. Rev. Stat. 8:201 and shall file with the board a written application for a license to operate. The application shall be on a form issued by the board which shall require, at a minimum, that the documents and information submitted to the board shall include:
(1) A statement of the states or other jurisdictions in which the corporation presently is conducting the business activity for which a license is being applied and any adverse order, judgment, or decree entered against the applicant in each jurisdiction or by any court.
(2) The corporation’s name, address, the form of its organization, and the address of each of its offices within and without the state.
(3) The name, address, and principal occupation for the past five years of every director and officer of the applicant, and the name, address, and principal occupation for the past five years of every principal owner and principal stockholder. For this purpose, any individual whose interest in the applicant exceeds ten percent shall be considered a principal owner or stockholder.
(4) A copy of the articles of incorporation that establish the legal entity of the applicant.
(5) A narrative description of the promotional plan for the sale of cemetery property and services.
Acts 1974, No. 417, §1. Amended by Acts 1980, No. 428, §1; Acts 2022, No. 574, §1.