Title 23, BUSINESS AND OTHER ASSOCIATIONS

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.

Sec. 1. (a) The board of directors may hold regular or special meetings in or out of Indiana. (b) Unless the articles of incorporation or bylaws provide otherwise, the board of directors may permit any or all directors to participate in a regular or special meeting by, or conduct…

Sec. 2. (a) Except to the extent that the articles of incorporation or bylaws require that action by the board of directors be taken at a meeting, action required or permitted by this article to be taken at a board of directors' meeting may be taken without a meeting if the actio…

Sec. 3. (a) Unless the articles of incorporation or bylaws provide otherwise, regular meetings of the board of directors may be held without notice of the date, time, place, or purpose of the meeting. (b) Unless the articles of incorporation or bylaws provide for a longer or shor…

Sec. 4. (a) A director may waive any notice required by this article, the articles of incorporation, or bylaws before or after the date and time stated in the notice. Except as provided by subsection (b), the waiver must be in writing, signed by the director entitled to the notic…

Sec. 5. (a) Unless the articles of incorporation or bylaws require a greater number, a quorum of a board of directors consists of: (1) a majority of the fixed number of directors if the corporation has a fixed board size; or (2) a majority of the number of directors prescribed, o…

Sec. 6. (a) Unless the articles of incorporation or bylaws provide otherwise, a board of directors may create one (1) or more committees and appoint members of the board of directors to serve on them. Each committee may have one (1) or more members, who serve at the pleasure of t…

Sec. 1. Before granting or selling any burial right in any part of a cemetery developed and platted after March 6, 1953, the owner of the cemetery shall cause to be recorded in the recorder's office of the county in which the cemetery is located an accurate survey and plat of tha…

Sec. 2. (a) The owner of a cemetery that has violated section 1 of this chapter shall, not later than January 1, 1998, record in the office of the recorder of the county in which the cemetery is located: (1) the original plat of the cemetery; and (2) the plats of all additions to…

Sec. 3. Each transfer of interment, entombment, or inurnment rights issued by the cemetery owner under this chapter must include a reference to the recorded plat. As added by P.L.52-1997, SEC.8.

Sec. 4. The owner of a cemetery shall issue a certificate of burial rights to each purchaser of a burial right in the cemetery. Each certificate of burial rights issued under this section must be properly signed and acknowledged before a notary public. As added by P.L.52-1997, SE…

Sec. 5. A survey and plat recorded under this chapter must: (1) show all lots, walks, and drives in the cemetery, all with descriptive names and numbers; and (2) include a proper instrument in writing, duly executed and acknowledged by the owner, dedicating the property to cemete…

Sec. 6. Except as provided in section 7 of this chapter, the property described in a survey and plat recorded under this chapter shall be held, occupied, and used exclusively for cemetery purposes after the recording of the survey and plat. As added by P.L.52-1997, SEC.8.

Sec. 7. (a) Subject to subsection (b), the owner of property described in a survey and plat recorded under this chapter by an instrument properly executed, acknowledged, and recorded may vacate the recorded plat and make and file a new or altered plat and survey of: (1) the prope…

Sec. 8. If: (1) the owner of a cemetery has recorded an accurate survey and plat of a part of its property in which it has: (A) granted or sold burial rights for at least thirty (30) years; and (B) actually managed and controlled the land as a cemetery for at least thirty (30) ye…

Sec. 9. A person who knowingly violates: (1) section 1; (2) section 3; or (3) section 4; of this chapter commits a Class B misdemeanor. As added by P.L.52-1997, SEC.8.

Sec. 1. (a) A director shall, based on facts then known to the director, discharge the duties as a director, including the director's duties as a member of a committee: (1) in good faith; (2) with the care an ordinarily prudent person in a like position would exercise under simil…

Sec. 2. (a) A conflict of interest transaction is a transaction with the corporation in which a director of the corporation has a direct or indirect interest. A conflict of interest transaction is not voidable by the corporation solely because of the director's interest in the tr…

Sec. 3. (a) Except as provided by subsection (c), a corporation may not lend money to or guarantee the obligation of a director of the corporation unless: (1) the particular loan or guarantee is approved by a majority of the votes represented by the outstanding voting shares of a…

Sec. 4. (a) Subject to section 1(e) of this chapter, a director who votes for or assents to a distribution made in violation of this article or the articles of incorporation is personally liable to the corporation for the amount of the distribution that exceeds what could have be…

Sec. 5. (a) A director's taking advantage, directly or indirectly, of a business opportunity may not be the subject of equitable relief, or give rise to an award of damages or other sanctions against the director, in a proceeding by or in the right of the corporation on the groun…

Sec. 1. If: (1) the original plat of a cemetery; or (2) the plat of an addition to a cemetery; has been lost or destroyed, the cemetery owner required to record the plat shall have a new plat made by a competent engineer to correspond in every way to the original plat. As added b…

Sec. 2. A replacement plat made under section 1 of this chapter must designate: (1) the exact location, length, and width of all vehicle drives, paths, walks, sections and lots; and (2) the number of each lot in the cemetery. As added by P.L.52-1997, SEC.9.

Sec. 1. (a) A corporation has the officers described in its bylaws or elected or appointed by the board of directors in accordance with the bylaws or appointed by a duly elected or appointed officer in accordance with the bylaws. However, a corporation must have at least one (1) …

Sec. 2. Each officer has the authority and shall perform the duties set forth in the bylaws or, to the extent consistent with the bylaws, the duties prescribed by the board of directors or by direction of an officer authorized by the board of directors to prescribe the duties of …