Title 23, BUSINESS AND OTHER ASSOCIATIONS

Sec. 4. If the articles of incorporation authorize dividing the shares into classes, the articles may also authorize the election of all or a specified number of directors by the holders of one (1) or more authorized classes of shares. Each class (or classes) of shares entitled t…

Sec. 5. (a) The terms of the initial directors of a corporation expire at the first shareholders' meeting at which directors are elected. (b) The terms of all other directors expire at: (1) the next; or (2) if the director's terms are staggered in accordance with section 6 of thi…

Sec. 6. (a) The articles of incorporation or the bylaws may provide for staggering their terms by dividing the total number of directors into either: (1) two (2) groups, with each group containing one-half (1/2) of the total, as near as may be; or (2) if there are more than two (…

Sec. 7. (a) A director may resign at any time by delivering written notice: (1) to the board of directors, its chairman, or the secretary of the corporation; or (2) if the articles of incorporation or bylaws so provide, to another designated officer. (b) A resignation is effectiv…

Sec. 8. (a) Directors may be removed in any manner provided in the articles of incorporation. In addition, the shareholders or directors may remove one (1) or more directors with or without cause unless the articles of incorporation provide otherwise. (b) If a director is elected…

Sec. 9. (a) Unless the articles of incorporation provide otherwise, if a vacancy occurs on a board of directors, including a vacancy resulting from an increase in the number of directors: (1) the board of directors may fill the vacancy; or (2) if the directors remaining in office…

Sec. 1. This chapter through IC 23-14-76 may be referred to as the Indiana general cemetery law. As added by P.L.52-1997, SEC.7.

Sec. 10. "Columbarium" means a structure or room or space in a building or structure used or intended to be used for the inurnment of cremated human remains. As added by P.L.52-1997, SEC.7.

Sec. 11. "Community columbarium" means a columbarium in which inurnment rights are or have been offered for sale to the general public. As added by P.L.52-1997, SEC.7.

Sec. 12. "Community garden crypt" means a garden crypt in which entombment or inurnment rights are or have been offered for sale to the general public. As added by P.L.52-1997, SEC.7.

Sec. 13. "Community mausoleum" means a mausoleum in which entombment or inurnment rights are or have been offered for sale to the general public. As added by P.L.52-1997, SEC.7.

Sec. 14. "Cremation" means: (1) the incineration of: (A) the body of a deceased individual; or (B) a body part of a nondeceased individual; and (2) the mechanical or manual reduction of identifiable bone fragments to unidentifiable bone fragments. As added by P.L.52-1997, SEC.7.…

Sec. 15. "Crematory" means a building or structure, including a holding facility, within which the remains of deceased individuals: (1) are; or (2) are intended to be; cremated. As added by P.L.52-1997, SEC.7.

Sec. 16. "Crypt" means a chamber in a mausoleum or garden crypt that is of sufficient size to entomb the uncremated remains of a deceased individual. As added by P.L.52-1997, SEC.7.

Sec. 17. "Disinterment" means the recovery of human remains by exhumation, disentombment, or disinurnment. The term does not include: (1) the raising and lowering of human remains to accommodate two (2) interments within a single grave: or (2) the repositioning of human remains o…

Sec. 18. "Entombment" means any lawful disposition of the remains of a deceased individual in a mausoleum or garden crypt as provided by IC 23-14-54. As added by P.L.52-1997, SEC.7.

Sec. 19. "Financial institution" means a state or national: (1) bank; (2) bank and trust company; (3) trust company; (4) savings bank; or (5) savings association; that maintains a principal place of business in Indiana and is qualified to serve as a trustee. As added by P.L.52-19…

Sec. 2. The provisions of this chapter through IC 23-14-76 apply to all: (1) cemeteries; (2) community or public mausoleums; (3) community or public garden crypts; and (4) columbaria; located within Indiana, except as otherwise provided in this chapter through IC 23-14-76. As add…

Sec. 20. (a) "Garden crypt" means a structure or building that is: (1) used; or (2) intended to be used; for the entombment or inurnment of human remains in crypts, vaults, or niches, in which entombment or inurnment is done from the exterior of the structure or building. (b) The…

Sec. 21. (a) "Human remains" or "remains" means the body of a deceased individual. (b) The term includes: (1) the body in any stage of decomposition; and (2) cremated remains. As added by P.L.52-1997, SEC.7.

Sec. 22. "Interment" means any lawful disposition in the earth of the remains of a deceased individual as provided by IC 23-14-54. As added by P.L.52-1997, SEC.7.

Sec. 23. "Inurnment" means any lawful disposition of the cremated remains of a deceased individual in a mausoleum, garden crypt, niche, or scattering garden area as provided by IC 23-14-54. As added by P.L.52-1997, SEC.7.

Sec. 24. "Lawn crypt" means a vault that is: (1) preset into the earth; and (2) sold as a part of the sale of the lot, plot, burial space, or grave. As added by P.L.52-1997, SEC.7.

Sec. 25. (a) "Lot", "plot", "burial space", or "section" means any space within a cemetery that is: (1) used; or (2) intended to be used; for interment, entombment, or inurnment, irrespective of where the space is located. (b) The term includes a crypt, a niche, and a grave space…

Sec. 26. "Lot owner", "lot holder", "plot owner", "plot holder", "burial right owner", "burial right holder", "burial space owner", or "burial space holder" means a person: (1) under whose name a burial space is listed; or (2) who is identified as the owner or holder of a burial …

Sec. 27. (a) "Mausoleum" means a structure or building that: (1) is used; or (2) is intended to be used; for the entombment or inurnment of human remains in crypts, vaults, or niches, in which entombment or inurnment is done from the interior of the building or structure. (b) The…

Sec. 28. "Niche" is a space in a columbarium that is: (1) used; or (2) intended to be used; for the inurnment of the cremated remains of one (1) or more deceased individuals. As added by P.L.52-1997, SEC.7.

Sec. 29. (a) "Owner", when used in reference to a: (1) lot owner; (2) lot holder; (3) plot owner; (4) plot holder; (5) burial right owner; (6) burial right holder; (7) burial space owner; or (8) burial space holder; includes a holder of a lot, plot, burial right, or burial space.…

Sec. 3. (a) Notwithstanding any provision of IC 23-14-33 through IC 23-14-76 to the contrary, but subject to subsection (b): (1) a cemetery that is owned by: (A) a church or other religious organization; or (B) a fraternal beneficiary society; and (2) all burial rights held in th…

Sec. 30. (a) "Perpetual care" or "endowment care" means, through the use of funds available under IC 23-14-48 and other care funds or endowments, the maintenance of the cemetery grounds and graves in keeping with a properly maintained cemetery, including the following: (1) Cuttin…

Sec. 31. "Person" means an individual, an association, a limited liability company, a corporation, a firm, or another legal entity. As added by P.L.52-1997, SEC.7.

Sec. 32. "Religious cemetery" means a cemetery that is owned, operated, controlled, or managed by: (1) any recognized church, religious society, association, or denomination; or (2) any cemetery authority or corporation: (A) that administers; or (B) through which is administered;…

Sec. 33. (a) "Vault" means: (1) an outer burial container that is designed for placement in a burial space or grave around a casket or alternative container; or (2) the container that forms the chamber of a crypt. (b) The term includes a burial vault, grave box, or grave liner. A…

Sec. 4. (a) The definitions set forth in this chapter apply to this chapter through IC 23-14-76. (b) A deed or license issued to a purchaser of a burial right in a cemetery before July 1, 2022, is considered a certificate of burial rights for the purposes of the statutes describe…

Sec. 5. "Burial" means the opening and closing of a grave, grave space, burial space, crypt, or niche for purposes of: (1) interment; (2) entombment; or (3) inurnment. As added by P.L.52-1997, SEC.7.

Sec. 6. "Burial right" means a right of interment, entombment, or inurnment granted by the owner of a cemetery and unless otherwise stated in the deed, certificate, or license given by the owner of the cemetery, is an easement for the specific purpose of burial. As added by P.L.5…

Sec. 7. "Cemetery" means any land or structure in Indiana that is: (1) dedicated to; and (2) used for, or intended to be used for; the interment, entombment, or inurnment of human remains. As added by P.L.52-1997, SEC.7.

Sec. 7.5. "Cemetery caretaker" means an individual appointed by a municipality, county, or township to care for and maintain a cemetery. As added by P.L.113-2022, SEC.2.

Sec. 8. "Cemetery owner" or "owner of a cemetery" means the person that: (1) owns; or (2) operates and conducts the business of; a cemetery. As added by P.L.52-1997, SEC.7.

Sec. 9. "Cemetery purposes" means all things necessary for or incident or convenient to the establishment, maintenance, management, operation, improvement, and conduct of a cemetery, the preparation of cemetery property for interment, entombment, or inurnment and the interment, e…

Sec. 9.5. "Certificate of burial rights" means a written instrument issued by the owner of a cemetery to a person purchasing a burial right in the cemetery. As added by P.L.113-2022, SEC.3.