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Incorporated cemetery company as qualified trustee - 9 Pa. Cons. Stat. § 309Legal Research Home > Pennsylvania Statutes
§ 309. Incorporated cemetery company as qualified trustee.
(a) General rule.--Every incorporated cemetery company may
act as qualified trustee of the permanent lot care fund required
by this chapter and may be appointed the original trustee, or,
when for any reason a vacancy may occur in a trusteeship,
substituted or successor trustee, and as such may receive
devises, or gifts, the principal of which is to be held, in
trust, in perpetuity or for a lesser period of time, for the
care, maintenance, preservation, ornamentation or benefit of its
cemetery, or the cemetery lots therein, upon giving its own bond
without surety. The directors of any such corporation are hereby
made trustees of any such funds so deposited or received, and
neither such funds nor the income derived therefrom shall be
used by such trustees for any purpose other than the purpose for
which they were deposited, devised, donated, or otherwise
acquired. The directors of such corporation shall cause accurate
accounts to be kept of such trust funds separate and apart from
the other funds of the corporation. Any such corporation may
combine and merge the principal of two or more such trust funds
and any funds so set aside in an omnibus fund for the purposes
of investment of the same.
(b) Transfers to institutional fiduciary.--Any incorporated
cemetery company may, by appropriate action of its stockholders
or members and board of directors and with the approval of the
court of common pleas of the county in which the cemetery, or
any part thereof, is situated, transfer any of such funds to one
or more institutional trustees, and with like investment
restrictions, such transfer to be either revocable, or absolute
and irrevocable, and upon the transfer of any such funds, the
incorporated cemetery company and its directors shall be
relieved of all liability for the investment and reinvestment
thereof.
Cross References. Section 309 is referred to in sections
101, 308 of this title.
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Last modified: November 27, 2007 |