§ 54.1-2326. Who may serve as trustee of preneed trust fund
A. The trustee of the preneed trust fund shall be appointed by the person owning, operating, or developing a cemetery company. 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, the trustee shall be approved by the Board.
A trustee that is not a Virginia trust company or trust subsidiary or a federally insured bank or savings institution doing business in the Commonwealth shall apply to the Board for approval, and the Board shall approve the trustee when the Board has become satisfied that the applicant:
1. Employs and is directed by persons who are qualified by character, experience, and financial responsibility to care for and invest the funds of others;
2. Will perform its duties in a proper and legal manner and that the trust funds and interest of the public generally will not be jeopardized; and
3. Is authorized to do business in the Commonwealth and has adequate facilities to perform its duties as trustee.
B. 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, the trustee shall furnish a fidelity bond with corporate surety thereon, payable to the trust established, which shall be designated "Preneed Trust Fund for (name of cemetery company)," in a sum equal to but not less than 100 percent of the value of the principal of the trust estate at the beginning of each calendar year, which bond shall be deposited with the Board.
C. 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, and if it appears that an officer, director or employee of the trustee is dishonest, incompetent, or reckless in the management of a preneed trust fund, the Board may bring an action in the appropriate court to remove the trustee and to impound the property and business of the trustee as may be reasonably necessary to protect the trust funds.
(1998, cc. 708, 721.)
Sections: Previous 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 54.1-2332 54.1-2333 NextLast modified: April 3, 2009