{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-2310.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-2310.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-2310.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-2310.html"}],"law_id":61603,"edition_id":1,"section_id":61603,"structure_id":13695,"section_number":"54.1-2310","catch_line":"Definitions","history":"1998, cc. 708, 721; 2000, c. 36; 2011, c. 792.","full_text":"As used in this chapter, unless the context requires a different meaning:\n\t\t“Advertisement” means any information disseminated or placed before the public.\n\t\t“At-need” means at the time of death or while death is imminent.\n\t\t“Board” means the Cemetery Board.\n\t\t“Cemetery” means any land or structure used or intended to be used for the interment of human remains. The sprinkling of ashes or their burial in a biodegradable container on church grounds or their placement in a columbarium on church property shall not constitute the creation of a cemetery.\n\t\t“Cemetery company” means any person engaged in the business of (i) selling or offering for sale any grave or entombment right in a cemetery and representing to the public that the entire cemetery, a single grave, or entombment right therein will be perpetually cared for; (ii) selling property or services, vaults, grave liners, urns, memorials, markers, and monuments used in connection with interring or disposing of the remains or commemorating the memory of a deceased human being, where delivery of the property or performance of the service may be delayed more than 120 days after receipt of the initial payment on account of such sale; or (iii) maintaining a facility used for the interment or disposal of the remains and required to maintain perpetual care or preneed trust funds in accordance with this chapter. Such property or services include but are not limited to burial vaults, mausoleum crypts, garden crypts, lawn crypts, memorials, and marker bases, but shall not include graves or incidental additions such as dates, scrolls, or other supplementary matter representing not more than ten percent of the total contract price.\n\t\t“Compliance agent” means a natural person who owns or is employed by a cemetery company to assure the compliance of the cemetery company with the provisions of this chapter.\n\t\t“Cost requirement” means the total cost to the seller of the property or services subject to the deposit requirements of \u00a7 54.1-2325 required by that seller’s total contracts.\n\t\t“Department” means the Department of Professional and Occupational Regulation.\n\t\t“Garden crypt” means a burial receptacle, usually constructed of reinforced concrete, installed in quantity on gravel or tile underlay. Each crypt becomes an integral part of a given garden area and is considered real property.\n\t\t“General funds” means the sum total of specific funds put together in a single fund.\n\t\t“Grave” means a below-ground right of interment.\n\t\t“In-person communication” means face-to-face communication and telephonic communication.\n\t\t“Interment” means all forms of final disposal of human remains including, but not limited to, earth burial, mausoleum entombment and niche or columbarium inurnment. The sprinkling of ashes on church grounds shall not constitute interment.\n\t\t“Lawn crypt” means a burial vault with some minor modifications for the improvement of drainage in and around the receptacle and is considered personal property.\n\t\t“Licensee” means any person holding a valid license issued by the Board.\n\t\t“Marker base” means the visible part of the marker or monument upon which the marker or monument rests and is considered personal property.\n\t\t“Mausoleum crypt” means a burial receptacle usually constructed of reinforced concrete and usually constructed or assembled above the ground and is considered real property.\n\t\t“Memorials, markers or monuments” means the object used to identify the deceased and is considered personal property.\n\t\t“Perpetual care trust fund” means a fund created to provide income to a cemetery to provide care, maintenance, administration and embellishment of the cemetery.\n\t\t“Preneed” means at any time other than either at the time of death or while death is imminent.\n\t\t“Preneed burial contract” means a contract for the sale of property or services used in connection with interring or disposing of the remains or commemorating the memory of a deceased human being, where delivery of the property or performance of the service may be delayed for more than 120 days after the receipt of initial payment on account of such sale. Such property includes but is not limited to burial vaults, mausoleum crypts, garden crypts, lawn crypts, memorials, and marker bases, but shall not include graves or incidental additions such as dates, scrolls, or other supplementary matter representing not more than ten percent of the total contract price.\n\t\t“Resale” means the sale of an interment right in a cemetery governed by this chapter to a person other than the cemetery company owning the cemetery in which the right exists by a person other than that cemetery company or its authorized agent. The term “resale” shall not be construed to include the transfer of interment rights upon the death of the owner.\n\t\t“Retail sales price” means the standard, nondiscounted price as listed on the general price list required by \u00a7 54.1-2327.\n\t\t“Seller” means the cemetery company.\n\t\t“Seller’s trust account” means the total specific trust funds deposited from all of a specific seller’s contracts, plus income on such funds allotted to that seller.\n\t\t“Solicitation” means initiating contact with consumers with the intent of influencing their selection of a cemetery.\n\t\t“Specific trust funds” means funds identified to a certain contract for personal property or services.","order_by":null,"text":{"0":{"id":224929,"text":"As used in this chapter, unless the context requires a different meaning:\n\t\t“Advertisement” means any information disseminated or placed before the public.\n\t\t“At-need” means at the time of death or while death is imminent.\n\t\t“Board” means the Cemetery Board.\n\t\t“Cemetery” means any land or structure used or intended to be used for the interment of human remains. The sprinkling of ashes or their burial in a biodegradable container on church grounds or their placement in a columbarium on church property shall not constitute the creation of a cemetery.\n\t\t“Cemetery company” means any person engaged in the business of (i) selling or offering for sale any grave or entombment right in a cemetery and representing to the public that the entire cemetery, a single grave, or entombment right therein will be perpetually cared for; (ii) selling property or services, vaults, grave liners, urns, memorials, markers, and monuments used in connection with interring or disposing of the remains or commemorating the memory of a deceased human being, where delivery of the property or performance of the service may be delayed more than 120 days after receipt of the initial payment on account of such sale; or (iii) maintaining a facility used for the interment or disposal of the remains and required to maintain perpetual care or preneed trust funds in accordance with this chapter. Such property or services include but are not limited to burial vaults, mausoleum crypts, garden crypts, lawn crypts, memorials, and marker bases, but shall not include graves or incidental additions such as dates, scrolls, or other supplementary matter representing not more than ten percent of the total contract price.\n\t\t“Compliance agent” means a natural person who owns or is employed by a cemetery company to assure the compliance of the cemetery company with the provisions of this chapter.\n\t\t“Cost requirement” means the total cost to the seller of the property or services subject to the deposit requirements of \u00a7 54.1-2325 required by that seller’s total contracts.\n\t\t“Department” means the Department of Professional and Occupational Regulation.\n\t\t“Garden crypt” means a burial receptacle, usually constructed of reinforced concrete, installed in quantity on gravel or tile underlay. Each crypt becomes an integral part of a given garden area and is considered real property.\n\t\t“General funds” means the sum total of specific funds put together in a single fund.\n\t\t“Grave” means a below-ground right of interment.\n\t\t“In-person communication” means face-to-face communication and telephonic communication.\n\t\t“Interment” means all forms of final disposal of human remains including, but not limited to, earth burial, mausoleum entombment and niche or columbarium inurnment. The sprinkling of ashes on church grounds shall not constitute interment.\n\t\t“Lawn crypt” means a burial vault with some minor modifications for the improvement of drainage in and around the receptacle and is considered personal property.\n\t\t“Licensee” means any person holding a valid license issued by the Board.\n\t\t“Marker base” means the visible part of the marker or monument upon which the marker or monument rests and is considered personal property.\n\t\t“Mausoleum crypt” means a burial receptacle usually constructed of reinforced concrete and usually constructed or assembled above the ground and is considered real property.\n\t\t“Memorials, markers or monuments” means the object used to identify the deceased and is considered personal property.\n\t\t“Perpetual care trust fund” means a fund created to provide income to a cemetery to provide care, maintenance, administration and embellishment of the cemetery.\n\t\t“Preneed” means at any time other than either at the time of death or while death is imminent.\n\t\t“Preneed burial contract” means a contract for the sale of property or services used in connection with interring or disposing of the remains or commemorating the memory of a deceased human being, where delivery of the property or performance of the service may be delayed for more than 120 days after the receipt of initial payment on account of such sale. Such property includes but is not limited to burial vaults, mausoleum crypts, garden crypts, lawn crypts, memorials, and marker bases, but shall not include graves or incidental additions such as dates, scrolls, or other supplementary matter representing not more than ten percent of the total contract price.\n\t\t“Resale” means the sale of an interment right in a cemetery governed by this chapter to a person other than the cemetery company owning the cemetery in which the right exists by a person other than that cemetery company or its authorized agent. The term “resale” shall not be construed to include the transfer of interment rights upon the death of the owner.\n\t\t“Retail sales price” means the standard, nondiscounted price as listed on the general price list required by \u00a7 54.1-2327.\n\t\t“Seller” means the cemetery company.\n\t\t“Seller’s trust account” means the total specific trust funds deposited from all of a specific seller’s contracts, plus income on such funds allotted to that seller.\n\t\t“Solicitation” means initiating contact with consumers with the intent of influencing their selection of a cemetery.\n\t\t“Specific trust funds” means funds identified to a certain contract for personal property or services.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13695,"edition_id":1,"name":"Cemetery Operators, Perpetual Care Trust Funds and Preneed Burial Contracts","identifier":"23.1","label":"chapter","depth":3,"order_by":1,"parent_id":12755,"metadata":{},"date_created":"2026-06-26 03:45:35","date_modified":"2026-06-26 03:45:35","permalink":{"id":240255,"object_type":"structure","relational_id":13695,"identifier":"23.1","token":"54.1\/II\/23.1","url":"\/54.1\/II\/23.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12755,"edition_id":1,"name":"Professions and Occupations Regulated by the Department of Professional and Occupational Regulation and Boards Within the Department","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12754,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":239415,"object_type":"structure","relational_id":12755,"identifier":"II","token":"54.1\/II","url":"\/54.1\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12754,"edition_id":1,"name":"Professions and Occupations","identifier":"54.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":239313,"object_type":"structure","relational_id":12754,"identifier":"54.1","token":"54.1","url":"\/54.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":61603,"structure_id":13695,"section_number":"54.1-2310","catch_line":"Definitions","url":"\/54.1-2310\/","token":"54.1\/II\/23.1\/54.1-2310","metadata":false},{"id":72586,"structure_id":13695,"section_number":"54.1-2311","catch_line":"Cemetery operators required to be licensed by the Board","url":"\/54.1-2311\/","token":"54.1\/II\/23.1\/54.1-2311","metadata":false},{"id":81993,"structure_id":13695,"section_number":"54.1-2312","catch_line":"Exemptions","url":"\/54.1-2312\/","token":"54.1\/II\/23.1\/54.1-2312","metadata":false},{"id":85224,"structure_id":13695,"section_number":"54.1-2312.01","catch_line":"Special interments; definitions; regulations by Board","url":"\/54.1-2312.01\/","token":"54.1\/II\/23.1\/54.1-2312.01","metadata":false},{"id":81764,"structure_id":13695,"section_number":"54.1-2312.1","catch_line":"Resale of interment right; conditions for resale transaction; contents of transfer form; approval by cemetery company","url":"\/54.1-2312.1\/","token":"54.1\/II\/23.1\/54.1-2312.1","metadata":false},{"id":78987,"structure_id":13695,"section_number":"54.1-2312.2","catch_line":"Resale of interment right by certain churches and religious organizations","url":"\/54.1-2312.2\/","token":"54.1\/II\/23.1\/54.1-2312.2","metadata":false},{"id":76163,"structure_id":13695,"section_number":"54.1-2313","catch_line":"Board; appointment; terms; vacancies; meetings; quorum; other powers; regulations","url":"\/54.1-2313\/","token":"54.1\/II\/23.1\/54.1-2313","metadata":false},{"id":56354,"structure_id":13695,"section_number":"54.1-2313.1","catch_line":"Protection of preneed burial and perpetual care trust funds; operation of cemetery company; appointment of receiver","url":"\/54.1-2313.1\/","token":"54.1\/II\/23.1\/54.1-2313.1","metadata":false},{"id":59048,"structure_id":13695,"section_number":"54.1-2314","catch_line":"Refusal, suspension or revocation of license or registration","url":"\/54.1-2314\/","token":"54.1\/II\/23.1\/54.1-2314","metadata":false},{"id":68604,"structure_id":13695,"section_number":"54.1-2315","catch_line":"Other prohibited activities","url":"\/54.1-2315\/","token":"54.1\/II\/23.1\/54.1-2315","metadata":false},{"id":68252,"structure_id":13695,"section_number":"54.1-2316","catch_line":"Certain representations unlawful; perpetual care trust fund required","url":"\/54.1-2316\/","token":"54.1\/II\/23.1\/54.1-2316","metadata":false},{"id":77982,"structure_id":13695,"section_number":"54.1-2317","catch_line":"Who may serve as trustee of perpetual care trust fund","url":"\/54.1-2317\/","token":"54.1\/II\/23.1\/54.1-2317","metadata":false},{"id":66009,"structure_id":13695,"section_number":"54.1-2318","catch_line":"Application of Part A (\u00a7 64.2-1200 et seq.) of Subtitle IV of Title 64.2","url":"\/54.1-2318\/","token":"54.1\/II\/23.1\/54.1-2318","metadata":false},{"id":84608,"structure_id":13695,"section_number":"54.1-2319","catch_line":"Deposit in perpetual care trust fund required upon sale of graves, etc","url":"\/54.1-2319\/","token":"54.1\/II\/23.1\/54.1-2319","metadata":false},{"id":69258,"structure_id":13695,"section_number":"54.1-2320","catch_line":"Additional deposit not required upon subsequent sale of same grave, crypt or niche","url":"\/54.1-2320\/","token":"54.1\/II\/23.1\/54.1-2320","metadata":false},{"id":56252,"structure_id":13695,"section_number":"54.1-2321","catch_line":"Recovery of original perpetual care trust fund deposit","url":"\/54.1-2321\/","token":"54.1\/II\/23.1\/54.1-2321","metadata":false},{"id":68822,"structure_id":13695,"section_number":"54.1-2322","catch_line":"Use of income from perpetual care trust fund; distributions","url":"\/54.1-2322\/","token":"54.1\/II\/23.1\/54.1-2322","metadata":false},{"id":82665,"structure_id":13695,"section_number":"54.1-2323","catch_line":"Financial records required","url":"\/54.1-2323\/","token":"54.1\/II\/23.1\/54.1-2323","metadata":false},{"id":77504,"structure_id":13695,"section_number":"54.1-2324","catch_line":"Financial report and report of independent certified public accountant required for perpetual care trust funds","url":"\/54.1-2324\/","token":"54.1\/II\/23.1\/54.1-2324","metadata":false},{"id":78778,"structure_id":13695,"section_number":"54.1-2325","catch_line":"Deposit in preneed trust required upon sale of property or services not to be delivered within 120 days","url":"\/54.1-2325\/","token":"54.1\/II\/23.1\/54.1-2325","metadata":false},{"id":81056,"structure_id":13695,"section_number":"54.1-2326","catch_line":"Who may serve as trustee of preneed trust fund","url":"\/54.1-2326\/","token":"54.1\/II\/23.1\/54.1-2326","metadata":false},{"id":75693,"structure_id":13695,"section_number":"54.1-2327","catch_line":"Itemized statement and general price list of burial fees to be furnished; solicitations prohibited","url":"\/54.1-2327\/","token":"54.1\/II\/23.1\/54.1-2327","metadata":false},{"id":65840,"structure_id":13695,"section_number":"54.1-2328","catch_line":"Requirements of preneed burial contracts","url":"\/54.1-2328\/","token":"54.1\/II\/23.1\/54.1-2328","metadata":false},{"id":80895,"structure_id":13695,"section_number":"54.1-2329","catch_line":"Identification of specific funds","url":"\/54.1-2329\/","token":"54.1\/II\/23.1\/54.1-2329","metadata":false},{"id":80662,"structure_id":13695,"section_number":"54.1-2330","catch_line":"Specific funds and income to remain in preneed trust account; exception","url":"\/54.1-2330\/","token":"54.1\/II\/23.1\/54.1-2330","metadata":false},{"id":54782,"structure_id":13695,"section_number":"54.1-2331","catch_line":"Disbursement of trust funds upon performance of contract","url":"\/54.1-2331\/","token":"54.1\/II\/23.1\/54.1-2331","metadata":false},{"id":66596,"structure_id":13695,"section_number":"54.1-2332","catch_line":"Seller required to keep records","url":"\/54.1-2332\/","token":"54.1\/II\/23.1\/54.1-2332","metadata":false},{"id":58614,"structure_id":13695,"section_number":"54.1-2333","catch_line":"Financial report and report of independent certified public accountant required for preneed trust accounts","url":"\/54.1-2333\/","token":"54.1\/II\/23.1\/54.1-2333","metadata":false},{"id":69291,"structure_id":13695,"section_number":"54.1-2334","catch_line":"Inclusion of property and services to be delivered within 120 days","url":"\/54.1-2334\/","token":"54.1\/II\/23.1\/54.1-2334","metadata":false},{"id":75017,"structure_id":13695,"section_number":"54.1-2335","catch_line":"Breach of contract by seller; trust to be single purpose trust","url":"\/54.1-2335\/","token":"54.1\/II\/23.1\/54.1-2335","metadata":false},{"id":74745,"structure_id":13695,"section_number":"54.1-2336","catch_line":"Trustee may rely on certifications and affidavits","url":"\/54.1-2336\/","token":"54.1\/II\/23.1\/54.1-2336","metadata":false},{"id":70137,"structure_id":13695,"section_number":"54.1-2337","catch_line":"Transfer of trust funds to another trustee","url":"\/54.1-2337\/","token":"54.1\/II\/23.1\/54.1-2337","metadata":false},{"id":55080,"structure_id":13695,"section_number":"54.1-2338","catch_line":"Use of trustee's name in advertisements","url":"\/54.1-2338\/","token":"54.1\/II\/23.1\/54.1-2338","metadata":false},{"id":70915,"structure_id":13695,"section_number":"54.1-2339","catch_line":"Construction and development of mausoleums and garden crypts","url":"\/54.1-2339\/","token":"54.1\/II\/23.1\/54.1-2339","metadata":false},{"id":63571,"structure_id":13695,"section_number":"54.1-2340","catch_line":"Waiver of chapter void","url":"\/54.1-2340\/","token":"54.1\/II\/23.1\/54.1-2340","metadata":false},{"id":77379,"structure_id":13695,"section_number":"54.1-2341","catch_line":"Exemption from levy, garnishment and distress","url":"\/54.1-2341\/","token":"54.1\/II\/23.1\/54.1-2341","metadata":false},{"id":54676,"structure_id":13695,"section_number":"54.1-2342","catch_line":"Penalties","url":"\/54.1-2342\/","token":"54.1\/II\/23.1\/54.1-2342","metadata":false}],"next_section":{"id":72586,"structure_id":13695,"section_number":"54.1-2311","catch_line":"Cemetery operators required to be licensed by the Board","url":"\/54.1-2311\/","token":"54.1\/II\/23.1\/54.1-2311","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-2310\/","history_text":"

This law was first created in 1998. The record of its establishment is cataloged in chapters 708<\/a> and 721<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2000, chapter 36<\/a>; in 2011, chapter 792<\/a>.<\/p>","references":[{"id":68912,"section_number":"15.2-961","catch_line":"Replacement of trees during development process in certain localities","order_by":null,"url":"\/15.2-961\/"},{"id":72159,"section_number":"15.2-961.3","catch_line":"Replacement of trees during development process in localities","order_by":null,"url":"\/15.2-961.3\/"},{"id":82829,"section_number":"54.1-2821","catch_line":"Exemptions","order_by":null,"url":"\/54.1-2821\/"}],"refers_to":[{"id":78778,"section_number":"54.1-2325","catch_line":"Deposit in preneed trust required upon sale of property or services not to be delivered within 120 days","order_by":null,"url":"\/54.1-2325\/"},{"id":75693,"section_number":"54.1-2327","catch_line":"Itemized statement and general price list of burial fees to be furnished; solicitations prohibited","order_by":null,"url":"\/54.1-2327\/"}],"permalink":{"id":240257,"object_type":"law","relational_id":61603,"identifier":"54.1-2310","token":"54.1\/II\/23.1\/54.1-2310","url":"\/54.1-2310\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-2310\/","token":"54.1\/II\/23.1\/54.1-2310","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-2310","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this chapter, unless the context requires a different meaning:\n\t\t“Advertisement<\/span>” means any information disseminated or placed before the public.\n\t\t“At-need<\/span>” means at the time of death or while death is imminent.\n\t\t“Board<\/span>” means the Cemetery Board<\/span>.\n\t\t“Cemetery” means any land or structure used or intended to be used for the interment<\/span> of human remains. The sprinkling of ashes or their burial in a biodegradable container on church grounds or their placement in a columbarium on church property shall not constitute the creation of a cemetery.\n\t\t“Cemetery company<\/span>” means any person engaged in the business of (i) selling or offering for sale any grave<\/span> or entombment right in a cemetery and representing to the public that the entire cemetery, a single grave<\/span>, or entombment right therein will be perpetually cared for; (ii) selling property or services, vaults, grave<\/span> liners, urns, memorials, markers, and monuments used in connection with interring or disposing of the remains or commemorating the memory of a deceased human being, where delivery of the property or performance of the service may be delayed more than 120 days after receipt of the initial payment on account of such sale; or (iii) maintaining a facility used for the interment<\/span> or disposal of the remains and required to maintain perpetual care or preneed trust funds in accordance with this chapter. Such property or services include but are not limited to burial vaults, mausoleum crypts<\/span>, garden crypts<\/span>, lawn crypts<\/span>, memorials, and marker bases<\/span>, but shall not include graves<\/span> or incidental additions such as dates, scrolls, or other supplementary matter representing not more than ten percent of the total contract price.\n\t\t“Compliance agent<\/span>” means a natural person who owns or is employed by a cemetery company<\/span> to assure the compliance of the cemetery company<\/span> with the provisions of this chapter.\n\t\t“Cost requirement<\/span>” means the total cost to the seller<\/span> of the property or services subject to the deposit requirements of \u00a7 54.1-2325<\/a> required by that seller<\/span>’s total contracts<\/span>.\n\t\t“Department<\/span>” means the Department<\/span> of Professional and Occupational Regulation.\n\t\t“Garden crypt<\/span>” means a burial receptacle, usually constructed of reinforced concrete, installed in quantity on gravel or tile underlay. Each crypt becomes an integral part of a given garden area and is considered real property.\n\t\t“General funds<\/span>” means the sum total of specific funds put together in a single fund.\n\t\t“Grave<\/span>” means a below-ground right of interment<\/span>.\n\t\t“In-person communication<\/span>” means face-to-face communication and telephonic communication.\n\t\t“Interment<\/span>” means all forms of final disposal of human remains including, but not limited to, earth burial, mausoleum entombment and niche or columbarium inurnment. The sprinkling of ashes on church grounds shall not constitute interment<\/span>.\n\t\t“Lawn crypt<\/span>” means a burial vault with some minor<\/span> modifications for the improvement of drainage in and around the receptacle and is considered personal property.\n\t\t“Licensee<\/span>” means any person holding a valid license issued by the Board<\/span>.\n\t\t“Marker base<\/span>” means the visible part of the marker or monument upon which the marker or monument rests and is considered personal property.\n\t\t“Mausoleum crypt<\/span>” means a burial receptacle usually constructed of reinforced concrete and usually constructed or assembled above the ground and is considered real property.\n\t\t“Memorials, markers or monuments<\/span>” means the object<\/span> used to identify the deceased and is considered personal property.\n\t\t“Perpetual care trust fund<\/span>” means a fund created to provide income to a cemetery to provide care, maintenance, administration and embellishment of the cemetery.\n\t\t“Preneed” means at any time other than either at the time of death or while death is imminent.\n\t\t“Preneed burial contract<\/span>” means a contract for the sale of property or services used in connection with interring or disposing of the remains or commemorating the memory of a deceased human being, where delivery of the property or performance of the service may be delayed for more than 120 days after the receipt of initial payment on account of such sale. Such property includes but is not limited to burial vaults, mausoleum crypts<\/span>, garden crypts<\/span>, lawn crypts<\/span>, memorials, and marker bases<\/span>, but shall not include graves<\/span> or incidental additions such as dates, scrolls, or other supplementary matter representing not more than ten percent of the total contract price.\n\t\t“Resale<\/span>” means the sale of an interment<\/span> right in a cemetery governed by this chapter to a person other than the cemetery company<\/span> owning the cemetery in which the right exists by a person other than that cemetery company<\/span> or its authorized agent. The term “resale<\/span>” shall not be construed to include the transfer of interment<\/span> rights upon the death of the owner.\n\t\t“Retail sales price<\/span>” means the standard, nondiscounted price as listed on the general price list required by \u00a7 54.1-2327<\/a>.\n\t\t“Seller<\/span>” means the cemetery company<\/span>.\n\t\t“Seller<\/span>’s trust account” means the total specific trust funds<\/span> deposited from all of a specific seller<\/span>’s contracts<\/span>, plus income on such funds allotted to that seller<\/span>.\n\t\t“Solicitation<\/span>” means initiating contact with consumers with the intent<\/span> of influencing their selection of a cemetery.\n\t\t“Specific trust funds<\/span>” means funds identified to a certain contract for personal property or services.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 54.1-2310)\n\nAs used in this chapter, unless the context requires a different meaning:\n\t\t“Advertisement” means any information disseminated or placed\nbefore the public.\n\t\t“At-need” means at the time of death or while death is imminent.\n\t\t“Board” means the Cemetery Board.\n\t\t“Cemetery” means any land or structure used or intended to be used\nfor the interment of human remains. The sprinkling of ashes or their burial in a\nbiodegradable container on church grounds or their placement in a columbarium on\nchurch property shall not constitute the creation of a cemetery.\n\t\t“Cemetery company” means any person engaged in the business of (i)\nselling or offering for sale any grave or entombment right in a cemetery and\nrepresenting to the public that the entire cemetery, a single grave, or\nentombment right therein will be perpetually cared for; (ii) selling property or\nservices, vaults, grave liners, urns, memorials, markers, and monuments used in\nconnection with interring or disposing of the remains or commemorating the\nmemory of a deceased human being, where delivery of the property or performance\nof the service may be delayed more than 120 days after receipt of the initial\npayment on account of such sale; or (iii) maintaining a facility used for the\ninterment or disposal of the remains and required to maintain perpetual care or\npreneed trust funds in accordance with this chapter. Such property or services\ninclude but are not limited to burial vaults, mausoleum crypts, garden crypts,\nlawn crypts, memorials, and marker bases, but shall not include graves or\nincidental additions such as dates, scrolls, or other supplementary matter\nrepresenting not more than ten percent of the total contract price.\n\t\t“Compliance agent” means a natural person who owns or is employed\nby a cemetery company to assure the compliance of the cemetery company with the\nprovisions of this chapter.\n\t\t“Cost requirement” means the total cost to the seller of the\nproperty or services subject to the deposit requirements of \u00a7 54.1-2325\nrequired by that seller’s total contracts.\n\t\t“Department” means the Department of Professional and Occupational\nRegulation.\n\t\t“Garden crypt” means a burial receptacle, usually constructed of\nreinforced concrete, installed in quantity on gravel or tile underlay. Each\ncrypt becomes an integral part of a given garden area and is considered real\nproperty.\n\t\t“General funds” means the sum total of specific funds put together\nin a single fund.\n\t\t“Grave” means a below-ground right of interment.\n\t\t“In-person communication” means face-to-face communication and\ntelephonic communication.\n\t\t“Interment” means all forms of final disposal of human remains\nincluding, but not limited to, earth burial, mausoleum entombment and niche or\ncolumbarium inurnment. The sprinkling of ashes on church grounds shall not\nconstitute interment.\n\t\t“Lawn crypt” means a burial vault with some minor modifications\nfor the improvement of drainage in and around the receptacle and is considered\npersonal property.\n\t\t“Licensee” means any person holding a valid license issued by the\nBoard.\n\t\t“Marker base” means the visible part of the marker or monument\nupon which the marker or monument rests and is considered personal property.\n\t\t“Mausoleum crypt” means a burial receptacle usually constructed of\nreinforced concrete and usually constructed or assembled above the ground and is\nconsidered real property.\n\t\t“Memorials, markers or monuments” means the object used to\nidentify the deceased and is considered personal property.\n\t\t“Perpetual care trust fund” means a fund created to provide income\nto a cemetery to provide care, maintenance, administration and embellishment of\nthe cemetery.\n\t\t“Preneed” means at any time other than either at the time of death\nor while death is imminent.\n\t\t“Preneed burial contract” means a contract for the sale of\nproperty or services used in connection with interring or disposing of the\nremains or commemorating the memory of a deceased human being, where delivery of\nthe property or performance of the service may be delayed for more than 120 days\nafter the receipt of initial payment on account of such sale. Such property\nincludes but is not limited to burial vaults, mausoleum crypts, garden crypts,\nlawn crypts, memorials, and marker bases, but shall not include graves or\nincidental additions such as dates, scrolls, or other supplementary matter\nrepresenting not more than ten percent of the total contract price.\n\t\t“Resale” means the sale of an interment right in a cemetery\ngoverned by this chapter to a person other than the cemetery company owning the\ncemetery in which the right exists by a person other than that cemetery company\nor its authorized agent. The term “resale” shall not be construed to\ninclude the transfer of interment rights upon the death of the owner.\n\t\t“Retail sales price” means the standard, nondiscounted price as\nlisted on the general price list required by \u00a7 54.1-2327.\n\t\t“Seller” means the cemetery company.\n\t\t“Seller’s trust account” means the total specific trust\nfunds deposited from all of a specific seller’s contracts, plus income on\nsuch funds allotted to that seller.\n\t\t“Solicitation” means initiating contact with consumers with the\nintent of influencing their selection of a cemetery.\n\t\t“Specific trust funds” means funds identified to a certain\ncontract for personal property or services.\n\nHISTORY: 1998, cc. 708, 721; 2000, c. 36; 2011, c. 792.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}