Information Maintained by the Office of Code Revision Indiana Legislative Services Agency
IC 23-14-76
     Chapter 76. Application of Corporations Laws to Cemetery Associations

IC 23-14-76-1
Application of chapter
    
Sec. 1. This chapter does not apply to a cemetery owned by a county or a township. However, if a cemetery owned by a county or township is sold to a private entity, the purchaser is subject to this chapter.
As added by P.L.52-1997, SEC.50.

IC 23-14-76-2
"Cemetery association" defined
    
Sec. 2. (a) As used in this chapter, "cemetery association" means any cemetery association, cemetery corporation, or cemetery organization that:
        (1) was established under this article before July 1, 1997; and
        (2) has not been reorganized under IC 23-1 or IC 23-17 before January 1, 1998.
    (b) The term does not include a cemetery that is owned or operated by a recognized church, religious society, or denomination.
    (c) The term includes the Union Chapel Cemetery Association (IC 23-14-71).
As added by P.L.52-1997, SEC.50.

IC 23-14-76-3
Application of business corporation and nonprofit corporation law
    
Sec. 3. Except as provided in section 4 of this chapter, after December 31, 1997:
        (1) IC 23-1 applies to a cemetery association that has issued shares of stock; and
        (2) IC 23-17 applies to a cemetery association that has not issued shares of stock.
As added by P.L.52-1997, SEC.50.

IC 23-14-76-4
Voluntary election of application of business corporation and nonprofit corporation law
    
Sec. 4. (a) Before January 1, 1998, a cemetery association may elect to have the provisions of IC 23-1 or IC 23-17 apply permanently to the cemetery association, irrespective of whether the cemetery association has issued shares of stock.
    (b) A cemetery association electing to have IC 23-1 apply to the cemetery association may:
        (1) incorporate or reincorporate under IC 23-1; or
        (2) if the cemetery association is a corporation, comply with the following procedures:
            (A) The board of directors or trustees must adopt a resolution electing to have the provisions of IC 23-1 apply to

the cemetery association.
            (B) The resolution must specify a date (before January 1, 1998) after which the provisions of IC 23-1 will apply to the cemetery association.
            (C) The resolution must be filed with the secretary of state before the date specified under clause (B).
    (c) A cemetery association electing to have IC 23-17 apply to the cemetery association may:
        (1) incorporate or reincorporate under IC 23-17; or
        (2) if the cemetery association is a corporation, accept the provisions of IC 23-17 by taking the actions set forth in IC 23-17-1-1.
As added by P.L.52-1997, SEC.50.