2006 New Mexico Statutes - Section 58-17-18 — Establishing a cemetery authority.

58-17-18. Establishing a cemetery authority.

A.     A person establishing or acquiring a cemetery subject to the Endowed Care Cemetery Act [ 58-17-2 NMSA 1978] shall file an initial registration with the director that contains the following information:   

(1)     a detailed financial statement of the proposed owners;   

(2)     a current credit report of the person establishing or acquiring the cemetery and a resume for each principal;   

(3)     the full name and address of the registrant, if an individual; of every member, if the registrant is a partnership or an association; of every officer, if the registrant is a corporation; and of any person owning ten percent or more of the cemetery;   

(4)     a plot plan that identifies the endowed care sections of the cemetery and all plans for future expansion of the cemetery;   

(5)     a copy of the form of contracts or instruments to be used in the sales of endowed care lots, graves, crypts or niches;   

(6)     proof of ability to make the initial deposit or secure a surety bond as required by Section 58-17-11 NMSA 1978;   

(7)     a registration fee in the amount of fifty dollars ($50.00); and   

(8)     any other information requested by the director.   

B.     Failure to submit the information specified in Subsection A of this section shall result in the denial of the registration to sell endowed care. Until a registration to operate a cemetery is approved by the director, a person establishing or acquiring a cemetery authority shall not advertise, represent, guarantee, promise or contract that perpetual care, endowed care or any similar care will be furnished.   

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