Pennsylvania § 304 Registration and filing affidavit of compliance

Pennsylvania Statutes

§ 304 — Registration and filing affidavit of compliance

Pennsylvania·Title 9 BURIAL GROUNDS·Ch. 3 REGULATION OF CEMETERY COMPANIES

(a)Registration with State Real Estate Commission.--

(1)Except as provided in paragraph (2), every cemetery company shall have a current and valid registration certificate issued by the State Real Estate Commission pursuant to the act of February 19, 1980 (P.L.15, No.9), known as the "Real Estate Licensing Act," before disposing of any lot in its cemetery or before carrying on any other cemetery business. The biennial fee for the registration certificate shall be $25.

(2)The provisions of paragraph (1) shall not apply to cemetery companies and cemeteries owned or controlled by any of the following:

(i)A bona fide church or religious congregation.

(ii)A fraternal organization.

(iii)An association created by a bona fide church, religious congregation or fraternal organization. (i

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(a) Registration with State Real Estate Commission.--

(1) Except as provided in paragraph (2), every cemetery company shall have a current and valid registration certificate issued by the State Real Estate Commission pursuant to the act of February 19, 1980 (P.L.15, No.9), known as the "Real Estate Licensing Act," before disposing of any lot in its cemetery or before carrying on any other cemetery business. The biennial fee for the registration certificate shall be $25.

(2) The provisions of paragraph (1) shall not apply to cemetery companies and cemeteries owned or controlled by any of the following:

(i) A bona fide church or religious congregation.

(ii) A fraternal organization.

(iii) An association created by a bona fide church, religious congregation or fraternal organization.

(iv) A municipality.

(b) Affidavit of compliance.--Every cemetery company subject to the provisions of section 301 (relating to initial deposits by newly-organized cemetery companies) or section 302 (relating to initial deposits by existing cemetery companies) shall, before disposing of any lot in its cemetery, cause to be filed in the Department of State an affidavit signed by a member or officer of the cemetery company stating that it has complied with the applicable section of this title, to which affidavit shall be attached an acceptance by a qualified trustee, acknowledging its acceptance of the trusteeship. The affidavit shall contain such other information as the department may require.

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Legislative History

(Mar. 7, 1982, P.L.149, No.48, eff. 60 days; June 28, 2024, P.L.430, No.34, eff. 60 days) 2024 Amendment.Act 34 amended subsec. (a)(2). References in Text.The short title of the act of February 19, 1980 (P.L.15, No.9), known as the Real Estate Licensing Act, referred to in subsec. (a), was amended by the act of March 7, 1982 (P.L.158, No.50). The amended short title is now the Real Estate Licensing and Registration Act.