There is a newer version of the West Virginia Code
2009 West Virginia Code
CHAPTER 35. PROPERTY OF RELIGIOUS, EDUCATIONAL
ARTICLE 1. RELIGIOUS ORGANIZATIONS.
- §35-1-1 Validation of transfers for use or benefit of religious organizations.
- §35-1-2 Equitable title in contiguous congregations.
- §35-1-3 Property not to be taken from a religious organization.
- §35-1-4 Insufficient designations of beneficiaries or objects not to cause failure of trust; acquisition, conveyance, etc., of property.
- §35-1-5 Trustees for real and personal property -- How appointed and removed.
- §35-1-6 Same -- Recording order of appointment; recording fee.
- §35-1-7 Same -- May take and hold property.
- §35-1-8 Quantity of real estate trustee may take and hold.
- §35-1-9 Power of trustee to sell, convey and encumber property.
- §35-1-10 Notice of conveyance or lien; proof thereof.
- §35-1-11 Proceedings to prevent conveyances or creation of liens.
- §35-1-12 Disposition of property of extinct or dissolved religious organization.
- §35-1-13 Validation of certain transactions.
ARTICLE 2. EDUCATIONAL, FRATERNAL AND CHARITABLE ORGANIZATIONS.
- §35-2-1 Validation of conveyances, devises, gifts and bequests to trustees.
- §35-2-2 Validation of conveyances, devises, gifts and bequests to trustees -- Appointment of trustee; designation of beneficiaries and objects; administration by chancery court cy pres.
- §35-2-3 Trustees for unincorporated benevolent, fraternal, etc., organizations.
- §35-2-4 Trustees for educational or charitable institutions.
- §35-2-5 Record of appointment of trustees; recording fee.
- §35-2-6 Trustees of certain organizations to be corporations; powers.
- §35-2-7 Certain provisions of article one applicable to property of labor unions.
- §35-2-8 Quantity of real estate certain organizations may hold.
- §35-2-9 Distribution of income by trust which is deemed a private foundation; prohibitions as to trusts which are private foundations or split-interest trusts; definition of terms.
ARTICLE 3. HOMES AND ASYLUMS OF FRATERNAL ORDERS.
- §35-3-1 Acquisition of real estate by unincorporated grand lodges; maximum quantity; exemption from taxation.
- §35-3-2 Regulations and boards for government.
- §35-3-3 Boards to be corporations; powers.
- §35-3-4 Corporate name.
- §35-3-5 Incorporated grand lodges may establish homes or asylums.
- §35-3-6 Provisions of article not to apply to organizations connected with churches.
- §35-3-7 Enticement of residents away from fraternal home; harboring or influencing inmate to violate rules; improper intercourse with female resident of home.
ARTICLE 4. PROVISIONS REGARDING PARTICULAR FRATERNAL ORGANIZATIONS.
- §35-5-1 Appointment of new trustees for burial grounds.
- §35-5-2 Sale of part of cemetery; prohibitions.
- §35-5-3 Permanent endowment funds for cemetery associations -- How created.
- §35-5-4 Same -- How invested; report of trustee; disposition of income.
- §35-5-5 Permanent endowment funds for cemetery associations -- Trustee therefor; appointment; bond; compensation; vacancy.
- §35-5-6 Express trusts for perpetual care of cemeteries or burial lots.
- §35-5-7 Requirements for cemetery company contracts.
- §35-5-8 Abandoned interment rights.
ARTICLE 5A. PERPETUAL CARE OF AND TRUST FUNDS FOR CEMETERIES.
- §35-5A-1 Definitions.
- §35-5A-2 Objects and purposes.
- §35-5A-3 Establishment of permanent endowment care funds.
- §35-5A-4 Additional funding of permanent endowment care funds.
- §35-5A-5 Trustee of the permanent endowment care funds.
- §35-5A-6 Cemeteries exempted.
- §35-5A-7 Inconsistent provisions.
- §35-5A-8 Penalties for violation.
ARTICLE 5B. PRENEED CEMETERY COMPANY PROPERTY, GOODS AND SERVICES; RELATED CONTRACTS.
- §35-5B-1 Definitions.
- §35-5B-2 Information filing; fees, compliance agent.
- §35-5B-3 Exemptions.
- §35-5B-4 Deposit in preneed trust required; who may serve as trustee.
- §35-5B-5 Requirements for preneed cemetery company contracts.
- §35-5B-6 Identification of funds.
- §35-5B-7 Corpus of trust account and income to remain in preneed trust account; exception.
- §35-5B-8 Disbursement of trust funds upon performance of contract; mausoleum construction required.
- §35-5B-9 Seller required to keep records.
- §35-5B-10 Financial report and written assurance required.
- §35-5B-11 Inclusion of property, goods and services to be delivered within one hundred twenty days.
- §35-5B-12 Breach of contract by seller; trust to be single purpose trust.
- §35-5B-13 Trustee may rely on certifications and affidavits.
- §35-5B-14 Transfer of trust funds to another trustee.
- §35-5B-15 Use of trustee's name in advertisements.
- §35-5B-16 Cemetery property maintained by cemetery company.
- §35-5B-17 Waiver of article void.
- §35-5B-18 Violation a misdemeanor.
- §35-5B-19 Abandoned interment rights.
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