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General Laws of Massachusetts - Chapter 114 Cemeteries and Burials. - Section 1 Organization of cemetery corporations

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[ Text of section effective until March 30, 2009. For text effective March 30, 2009, see below.]

  Section 1A. No person who serves as director, officer or trustee of a nonprofit cemetery qualified as a tax exempt organization under Section 501(c) of the Internal Revenue Code and who is not compensated for such services shall be liable for any act or omission resulting in damages or injury to another if such person was acting in good faith and within the scope of his official functions or duties unless said damage was caused by an act or omission intentionally designed to harm or by any gross negligent act or omission which results in harm to the person.

  Nothing in this section shall be construed as affecting or modifying the liability of any person subject to this section for any cause of action arising out of such person's operation of a motor vehicle.

  Nothing in this section shall affect or modify the liability of any person subject to this section for financial misconduct or fraud in the use of the assets of the corporation.

Chapter 114: Section 1A. Organization of cemetery corporations

[ Text of section as recodified by 2008, 440, Sec. 1 effective March 30, 2009. For text effective until March 30, 2009, see above.]

  Section 1A. Five or more persons desirous of procuring, establishing and preparing a cemetery, or who are the majority in interest of the proprietors of an existing cemetery, may organize as a corporation, not for profit, in the manner provided in chapter 179; provided, however, that the corporation shall not sell or impair the right of a proprietor of an existing cemetery.

Last modified: March 17, 2010