Colorado § 7-47-101 Who may organize - powers

Colorado Statutes

§ 7-47-101 — Who may organize - powers

Colorado·Title 07 Corporations·Art. Cemetery Companies

(1)Three or more persons may associate themselves together under the provisions of law, for the purpose of procuring and establishing a cemetery or place of sepulture, and they shall, upon association and compliance with the provisions of law, be a body politic and corporate; may sue and be sued; may have a common seal that may be altered at pleasure; may purchase, hold, and convey real and personal estate; may choose a president and other officers; may enact bylaws for regulating the affairs of the corporation, not inconsistent with the law of this state, and compel the observance thereof by suitable penalties; and may do all acts necessary for the well ordering of the affairs of such corporation. (1.5) (a) A board of directors for a nonprofit cemetery corporation shall includ

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(1) Three or more persons may
associate themselves together under the provisions of law, for the purpose of
procuring and establishing a cemetery or place of sepulture, and they shall, upon
association and compliance with the provisions of law, be a body politic and
corporate; may sue and be sued; may have a common seal that may be altered at
pleasure; may purchase, hold, and convey real and personal estate; may choose a
president and other officers; may enact bylaws for regulating the affairs of the
corporation, not inconsistent with the law of this state, and compel the observance
thereof by suitable penalties; and may do all acts necessary for the well ordering of
the affairs of such corporation.

(1.5) (a) A board of directors for a nonprofit cemetery corporation shall
include at least one director who owns a lot, grave space, niche, or crypt. If such an
owner cannot be found to serve as a director, the board of directors shall maintain a
vacancy until the director position can be filled with such an owner. A nonprofit
cemetery corporation may wait until the first vacancy on the board of directors
occurs after January 1, 2013, before appointing a director who owns a lot, grave
space, niche, or crypt.

(b) This subsection (1.5) applies only to cemeteries as defined in section 6-24-101 (2).

(2) A nonprofit corporation subject to the Colorado Revised Nonprofit
Corporation Act, articles 121 to 137 of this title, shall have all of the rights and
powers granted by this article to the extent not inconsistent with said act, if such
nonprofit corporation otherwise complies with the terms and provisions of this
article.

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Legislative History

Source: G.L. � 236. G.S. � 379. R.S. 08: � 1047. C.L. � 2430. CSA: C. 41, � 227. CRS 53: � 31-26-1. C.R.S. 1963: � 31-22-1. L. 67: p. 659, � 13. L. 97: (2) amended, p. 757, � 14, effective July 1, 1998. L. 2003: (1) amended, p. 2209, � 28, effective July 1, 2004. L. 2012: (1.5) added, (HB 12-1068), ch. 229, p. 1008, � 1, effective August 8. L. 2017: (1.5)(b) amended, (HB 17-1244), ch. 239, p. 983, � 2, effective August 9.