2006 New York Code - Cemetery Corporations; Restrictions.



 
  § 1506-a. Cemetery corporations; restrictions.
    (a) No cemetery corporation shall, directly or indirectly:
    (1)  sell,  or  have, enter into or perform a lease of any of its real
  property to a funeral entity, or use any of its property for location of
  a funeral entity;
    (2) commingle its funds with a funeral entity;
    (3) direct or carry on its business or affairs with a funeral entity;
    (4) authorize control of its business or affairs by a funeral entity;
    (5) engage in any sale or cross-marketing of goods or services with  a
  funeral entity;
    (6) have or enter into or perform a management or service contract for
  cemetery operations with a funeral entity; or
    (7)  have, enter into or perform a management contract with any entity
  other than a not-for-profit cemetery corporation.
    (b) Only the provisions of subdivisions one and two of  paragraph  (a)
  of  this  section shall apply to cemetery corporations with thirty acres
  or less of real property dedicated to cemetery purposes, and only to the
  extent the sale or lease is  of  real  property  dedicated  to  cemetery
  purposes,  and  such  cemeteries shall not engage in the sale of funeral
  home goods or services, except if such goods and services are  otherwise
  permitted  to be sold by cemeteries, nor shall a majority of the members
  of the board of directors or trustees of such cemeteries be made  up  of
  the representatives of a funeral entity.
    (c) For the purposes of this section, "funeral entity" means a person,
  partnership,  corporation,  limited  liability  company or other form of
  business  organization  providing  funeral  home  services,  or  owning,
  controlling,   conducting   or  affiliated  with  a  funeral  home,  any
  subsidiary thereof or an officer, director or stockholder having  a  ten
  per  centum  or  greater  proprietary,  beneficial,  equitable or credit
  interest in a funeral home.

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