Cemetery Operators, Perpetual Care Trust Funds and Preneed Burial Contracts

This is the 2025 edition of the code. There is not the current edition. Browse all editions.

This is Chapter 23.1 of the Code of Virginia, titled “Cemetery Operators, Perpetual Care Trust Funds and Preneed Burial Contracts.” It is part of Subtitle II “Professions and Occupations Regulated by the Department of Professional and Occupational Regulation and Boards Within the Department”, which is part of Title 54.1 “Professions and Occupations”.

It’s comprised of the following 37 sections.

§ 54.1-2310 Definitions
§ 54.1-2311 Cemetery operators required to be licensed by the Board
§ 54.1-2312 Exemptions
§ 54.1-2312.01 Special interments; definitions; regulations by Board
§ 54.1-2312.1 Resale of interment right; conditions for resale transaction; contents of transfer form; approval by cemetery company
§ 54.1-2312.2 Resale of interment right by certain churches and religious organizations
§ 54.1-2313 Board; appointment; terms; vacancies; meetings; quorum; other powers; regulations
§ 54.1-2313.1 Protection of preneed burial and perpetual care trust funds; operation of cemetery company; appointment of receiver
§ 54.1-2314 Refusal, suspension or revocation of license or registration
§ 54.1-2315 Other prohibited activities
§ 54.1-2316 Certain representations unlawful; perpetual care trust fund required
§ 54.1-2317 Who may serve as trustee of perpetual care trust fund
§ 54.1-2318 Application of Part A (§ 64.2-1200 et seq.) of Subtitle IV of Title 64.2
§ 54.1-2319 Deposit in perpetual care trust fund required upon sale of graves, etc
§ 54.1-2320 Additional deposit not required upon subsequent sale of same grave, crypt or niche
§ 54.1-2321 Recovery of original perpetual care trust fund deposit
§ 54.1-2322 Use of income from perpetual care trust fund; distributions
§ 54.1-2323 Financial records required
§ 54.1-2324 Financial report and report of independent certified public accountant required for perpetual care trust funds
§ 54.1-2325 Deposit in preneed trust required upon sale of property or services not to be delivered within 120 days
§ 54.1-2326 Who may serve as trustee of preneed trust fund
§ 54.1-2327 Itemized statement and general price list of burial fees to be furnished; solicitations prohibited
§ 54.1-2328 Requirements of preneed burial contracts
§ 54.1-2329 Identification of specific funds
§ 54.1-2330 Specific funds and income to remain in preneed trust account; exception
§ 54.1-2331 Disbursement of trust funds upon performance of contract
§ 54.1-2332 Seller required to keep records
§ 54.1-2333 Financial report and report of independent certified public accountant required for preneed trust accounts
§ 54.1-2334 Inclusion of property and services to be delivered within 120 days
§ 54.1-2335 Breach of contract by seller; trust to be single purpose trust
§ 54.1-2336 Trustee may rely on certifications and affidavits
§ 54.1-2337 Transfer of trust funds to another trustee
§ 54.1-2338 Use of trustee's name in advertisements
§ 54.1-2339 Construction and development of mausoleums and garden crypts
§ 54.1-2340 Waiver of chapter void
§ 54.1-2341 Exemption from levy, garnishment and distress
§ 54.1-2342 Penalties