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24.147.1313    TRANSFER OF CEMETERY OWNERSHIP

(1) Whenever ownership of any cemetery company is proposed to be transferred, the cemetery company shall notify the board. A change in ownership, for purposes of this rule, shall be deemed to occur whenever more than 50 percent of the equitable ownership of a cemetery company is transferred in a single transaction, or in a related series of transactions to one or more persons, associations, or corporations. The notice shall specify the address of the principal offices of the cemetery company, and whether it will be changed or unchanged, and shall specify the name and address of each new owner and/or the stockholders thereof.

(2) Notice of such a change of ownership shall be published in a newspaper of general circulation in the county in which the cemetery is located. The notice shall specify the address of the principal offices of the cemetery company, whether changed or unchanged, and shall specify the name and address of each new owner and/or each stockholder owning more than 5 percent of the stock.

(3) When there is a change of ownership pursuant to this rule, the existing license shall become void and a new license shall be obtained from the board.

(4) Every cemetery company shall post and continuously maintain at the main public entrance to the cemetery, a sign specifying the current name and mailing address of the cemetery company, a statement that the name and mailing address of each owner, presiding officer, and/or their agent of the cemetery company may be obtained by contacting the board, and the mailing address of the board. Such signs shall be at least 16 inches high and 24 inches wide and shall be prominently mounted upright and vertical.

(5) The board shall suspend the license of any cemetery company which is in violation of the sign or public notice requirements of this rule. Such license may be reinstated only upon compliance with such requirements.

History: 37-1-131, 37-19-202, 37-19-807, 37-19-816, MCA; IMP, 37-19-816, MCA; NEW, 1998 MAR p. 2959, Eff. 11/6/98; AMD, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2006 MAR p. 1169, Eff. 5/5/06; AMD, 2006 MAR p. 1583, Eff. 7/1/06.

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