§ 54.1-2324. Financial report and written assurance required for perpetual care trust funds
A. Within four months after the close of its fiscal year, the cemetery company shall report the following information to the Board, on forms prescribed by the Board:
1. The total amount of principal in the perpetual care trust fund;
2. The securities in which the perpetual care trust fund is invested and the amount of cash on hand as of the close of the fiscal year;
3. The income received from the perpetual care trust fund, and the sources of such income, during the preceding fiscal year;
4. An affidavit executed by the compliance agent that all applicable provisions of this chapter relating to perpetual care trust funds have been complied with;
5. The total receipts subject to the 10 percent trust requirement;
6. All expenditures from the perpetual care trust fund;
7. If the trustee is other than a Virginia trust company or trust subsidiary or a federally insured bank or savings institution doing business in the Commonwealth, proof that the required fidelity bond has been secured and that it is in effect;
8. A separate total of expenses incurred for general care and maintenance, embellishment and administration of its cemeteries.
B. The cemetery company shall employ an independent certified public accountant to audit and provide assurance that, with regard to the total of all receipts subject to § 54.1-2317, the report of the owner, operator or developer is true and correct and that the required deposits to the perpetual care trust fund have been made on a timely basis. Such audit shall provide full disclosure of any transactions between the perpetual care trust fund and any directors, officers, stockholders, or employees of the cemetery company, or relatives of the cemetery company's employees, and shall include a description of the transactions, the parties involved, the dates and amounts of the transactions, and the reasons for the transactions.
C. The information required to be filed hereunder with the Board shall be exempt from the Government Data Collection and Dissemination Practices Act (§ 2.2-3800 et seq.).
(1998, cc. 708, 721; 2000, c. 36; 2004, c. 247.)
Sections: Previous 54.1-2317 54.1-2318 54.1-2319 54.1-2320 54.1-2321 54.1-2322 54.1-2323 54.1-2324 54.1-2325 54.1-2326 54.1-2327 54.1-2328 54.1-2329 54.1-2330 54.1-2331 NextLast modified: April 16, 2009