Title 23, BUSINESS AND OTHER ASSOCIATIONS

Sec. 2. (a) A corporation's board of directors may propose dissolution for submission to the shareholders. (b) For a proposal to dissolve to be adopted: (1) the board of directors must recommend dissolution to the shareholders unless the board of directors determines that because…

Sec. 3. (a) At any time after dissolution is authorized, the corporation may dissolve by delivering to the secretary of state for filing articles of dissolution setting forth the following: (1) The name of the corporation. (2) The date dissolution was authorized. (3) If dissoluti…

Sec. 4. (a) A corporation may revoke its dissolution within one hundred twenty (120) days of its effective date. (b) Revocation of dissolution must be authorized in the same manner as the dissolution was authorized unless that authorization permitted revocation by action by the b…

Sec. 5. (a) A dissolved corporation continues its corporate existence but may not carry on any business except that appropriate to wind up and liquidate its business and affairs, including: (1) collecting its assets; (2) disposing of its properties that will not be distributed in…

Sec. 6. (a) A dissolved corporation may dispose of the known claims against it by following the procedure described in this section. (b) The dissolved corporation shall notify its known claimants in writing of the dissolution at any time after its effective date. The written noti…

Sec. 7. (a) A dissolved corporation may also publish notice of its dissolution and request that persons with claims against the corporation present them in accordance with the notice. (b) The notice must: (1) be published one (1) time in a newspaper of general circulation in the …

Sec. 1. A person shall not locate or construct a railroad on any real estate held, used, or occupied as a cemetery. As added by P.L.52-1997, SEC.19.

Sec. 2. Upon the complaint of any person, another person shall be perpetually enjoined from locating or constructing a railroad on any ground that is: (1) held, used, or occupied as a cemetery; or (2) held for cemetery purposes. As added by P.L.52-1997, SEC.19.

Sec. 3. A person who violates this chapter commits a Class C infraction. As added by P.L.52-1997, SEC.19.

Sec. 1. (a) Subject to subsection (b), the owner of a cemetery: (1) may make, adopt, and enforce rules and regulations: (A) for the use, care, control, management, restriction, and protection of all parts and subdivisions of the cemetery; (B) for restricting, limiting, and regula…

Sec. 2. The owner of a cemetery may: (1) prescribe penalties for the violation of a rule or regulation adopted under section 1 of this chapter; and (2) recover penalties prescribed under subdivision (1) in a civil action. As added by P.L.52-1997, SEC.20.

Sec. 3. Rules and regulations adopted by a cemetery under section 1 of this chapter shall be: (1) plainly printed or typewritten; and (2) kept available for inspection and copying at the usual place for transacting the regular business of the cemetery. As added by P.L.52-1997, SE…

Sec. 4. The owner of a cemetery may not, because of the nonpayment of periodic care charges, impose a monetary penalty that attaches against a burial space if: (1) the burial space was conveyed by the cemetery after June 14, 1939, and the conveyance was subject to IC 23-14-48 or …

Sec. 5. A public notice, including a notice of nonpayment, may not be attached to any lot, grave, gravestone, marker, or memorial upon a lot for the purpose of enforcing a penalty for the nonpayment of perpetual care charges. As added by P.L.52-1997, SEC.20.

Sec. 6. The sexton, superintendent, manager, director, or other person in charge of a cemetery has the same powers, functions, duties, and authority granted by law to a peace officer within the jurisdiction in which the cemetery is located for the purpose of: (1) maintaining orde…

Sec. 7. Because the owner of a cemetery is responsible for the performance of the care and maintenance of the cemetery, a cemetery owner has the exclusive right to: (1) open and close a grave or grave space, burial space, crypt, or niche in the cemetery; (2) set or install: (A) a…

Sec. 8. A person who knowingly violates this chapter commits a Class B misdemeanor. As added by P.L.52-1997, SEC.20.

Sec. 9. When selling commodities or services to a consumer, a cemetery owner or authorized representative of the cemetery owner shall give a consumer a written statement that includes an itemized price range of all commodities and services that the consumer may purchase. The writ…

Sec. 1. The circuit or superior court may dissolve a corporation: (1) in a proceeding by the attorney general if it is established that: (A) the corporation obtained its articles of incorporation through fraud; or (B) the corporation has continued to exceed or abuse the authority…

Sec. 2. (a) Venue for a proceeding by the attorney general to dissolve a corporation lies in Marion County. Venue for a proceeding brought by any other party named in section 1 of this chapter lies in the county where a corporation's principal office (or, if none in Indiana, its …

Sec. 3. (a) A court in a judicial proceeding brought to dissolve a corporation may appoint one (1) or more receivers to wind up and liquidate, or one (1) or more custodians to manage, the business and affairs of the corporation. The court shall hold a hearing, after notifying all…

Sec. 4. (a) If, after a hearing, the court determines that one (1) or more grounds for judicial dissolution described in section 1 of this chapter exist, it may enter a decree dissolving the corporation and specifying the effective date of the dissolution, and the clerk of the co…

Sec. 1. (a) Subject to subsection (b), a cemetery owner has the right to establish reasonable rules and regulations regarding the: (1) type; (2) material; (3) design; (4) composition; and (5) finish; of any commodity to be used or installed in the cemetery. (b) After June 30, 202…

Sec. 2. A cemetery owner shall not prevent the use of or installation in the cemetery of any commodity purchased from any source if the commodity meets the rules and regulations established under section 1 of this chapter. As added by P.L.52-1997, SEC.21.

Sec. 3. The fee that a cemetery owner charges for services in connection with the installation or use of commodities in the cemetery must: (1) be consistent with the written statement provided under IC 23-14-46-9; and (2) be the same to all regardless of who furnishes the commodi…

Sec. 4. At the usual place for transacting the regular business of each cemetery, the cemetery owner shall maintain a complete schedule of all charges that the cemetery imposes for services in connection with the installation or use of commodities in the cemetery. The schedule mu…

Sec. 5. A person who knowingly violates this chapter commits a Class B misdemeanor. As added by P.L.52-1997, SEC.21.

Sec. 1. Assets of a dissolved corporation that should be transferred to a creditor, claimant, or shareholder of the corporation who cannot be found or who is not competent to receive them shall be reduced to cash and deposited with the state treasurer or other appropriate state o…

Sec. 1. (a) Except as provided in subsection (b), this chapter does not apply to: (1) a cemetery owned by a municipal corporation or other governmental unit; (2) a religious cemetery; or (3) a cemetery: (A) that is ten (10) acres or less in size; (B) that is owned and operated en…

Sec. 1.5. As used in this chapter, the "immediate maintenance needs" of a cemetery means the need to perform one (1) or more of the perpetual care activities set forth in IC 23-14-33-30(a)(1) through IC 23-14-33-30(a)(6) and IC 23-14-33-30(b)(1) through IC 23-14-33-30(b)(4) in th…

Sec. 10. (a) This section applies to a corporation that: (1) is organized under Indiana law for the purpose of establishing and maintaining a cemetery; or (2) is organized for another purpose but has established and maintains a cemetery. (b) If: (1) a corporation described in sub…

Sec. 2. (a) The owner of each cemetery shall provide for the creation and establishment of an irrevocable perpetual care fund. (b) The principal of a perpetual care fund established under this section shall permanently remain intact, except as provided in this chapter. (c) The fo…

Sec. 2.2. If: (1) the perpetual care fund of a cemetery is a trust; and (2) the perpetual care fund trust has not been converted into a total return unitrust under section 2.6 of this chapter; the trustee of the trust may, to the extent allowed by section 2 of this chapter, withd…

Sec. 2.4. (a) As used in this section, "broker or brokerage firm" refers to a broker-dealer, agent, investment adviser, investment adviser representative, or federal covered investment adviser authorized under IC 23-19 to transact business in Indiana. (b) As used in this section,…

Sec. 2.6. (a) If a perpetual care fund established under this chapter is a trust, the trust may be converted into a total return unitrust under IC 30-2-15. (b) Withdrawals may be made from a trust converted into a total return unitrust as provided in: (1) the governing trust inst…

Sec. 3. (a) A perpetual care fund shall be established under this chapter as follows: (1) In the case of a cemetery for earth burials, by the application and payment to the perpetual care fund of an amount at least equal to: (A) fifteen percent (15%) of the sale price; or (B) eig…

Sec. 4. (a) In addition to meeting the requirements of sections 1 through 3 of this chapter, a cemetery that: (1) is organized after March 6, 1953, and before July 1, 1997, by incorporation, association, individually, or any other means; or (2) has its first burial after March 6,…

Sec. 5. (a) In addition to meeting the requirements of sections 1 through 3 of this chapter, a cemetery that: (1) is organized after June 30, 1997, by incorporation, or any other means; or (2) has its first burial, entombment, or inurnment after June 30, 1997; shall, before dispo…

Sec. 6. A perpetual care fund may be increased by adding to the fund surplus money or property that the cemetery receives by will, deed, gift, or otherwise. As added by P.L.52-1997, SEC.22. Amended by P.L.33-2019, SEC.6.

Sec. 7. (a) Not more than ninety (90) days after the end of the fiscal year of a cemetery to which this chapter applies, the custodian or trustee of the perpetual care fund of the cemetery shall prepare and file with the owner of the cemetery a detailed accounting and report of t…

Sec. 8. Each geographic location used as a cemetery constitutes a separate and distinct cemetery for the purpose of this chapter. As added by P.L.52-1997, SEC.22.

Sec. 9. (a) Except as otherwise provided in subsections (b) and (c), a person who knowingly violates this chapter commits a Class A misdemeanor. (b) A person who makes a false or fraudulent representation as to the existence, amount, investment, control, or condition of a perpetu…

Sec. 1. (a) This chapter does not apply to the proceeds from the sales of burial spaces. (b) All proceeds received by anyone selling floral tributes, vaults, memorials of any type, or services that: (1) are to be installed in or provided in a cemetery; but (2) are not to be deliv…

Sec. 2. The owner of a cemetery may: (1) take and hold any property devised, bequeathed, granted, or given to the owner in trust; and (2) apply: (A) the property; or (B) the proceeds or income from the property; according to the terms of the devise, bequest, grant, or gift. As ad…

Sec. 3. A person who knowingly violates this chapter commits a Class A misdemeanor. As added by P.L.52-1997, SEC.23.

Sec. 1. (a) Except as provided in subsection (b), this chapter does not apply to: (1) a cemetery owned by a municipal corporation or other governmental unit; (2) a religious cemetery; or (3) a cemetery: (A) that is ten (10) acres or less in size; (B) that is owned and operated en…