{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/57-39.22.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/57-39.22.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/57-39.22.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/57-39.22.html"}],"law_id":70345,"edition_id":1,"section_id":70345,"structure_id":16373,"section_number":"57-39.22","catch_line":"Certain representations unlawful; perpetual care trust fund required","history":"1996, c. 957; 1999, c. 772.","full_text":"A\n\nEffective July 1, 1996, it shall be unlawful to sell or offer for sale in the Commonwealth any burial right in a pet cemetery, and in connection therewith to represent to the public, in any manner, express or implied, that the entire pet cemetery or any burial or interment right therein will be perpetually cared for, unless adequate provision has been made for the perpetual care of the cemetery and all burials and interment rights therein as to which such representation has been made.B\n\nEach pet cemetery operator shall establish in a bank, savings and loan or other federally insured investment banking institution doing business in the Commonwealth an irrevocable trust fund in the amount of at least $12,000 before the first lot, parcel of land, burial or interment right is sold. This fund shall be designated the perpetual care fund.C\n\nThe moneys of a perpetual care fund shall be invested as provided by § 2.2-4519, Article 9 (§ 64.2-780 et seq.) of Chapter 7 of Title 64.2, and §§ 64.2-1502 through 64.2-1506, except as provided otherwise herein.D\n\nThe income from the perpetual care fund shall be used only for the maintenance, supervision, improvement, and preservation of the grounds, lots, markers, memorials, buildings, equipment, statuary, and other real and personal property of the pet cemetery and for the payment of real property taxes. Annual reports of all the assets and investments of the perpetual care fund shall be prepared and maintained by the operator, and shall be available for inspection at reasonable times to any owner of a burial right in the pet cemetery. Such records shall be subject to examination by the commissioner of revenue.","order_by":null,"text":{"0":{"id":253933,"text":"Effective July 1, 1996, it shall be unlawful to sell or offer for sale in the Commonwealth any burial right in a pet cemetery, and in connection therewith to represent to the public, in any manner, express or implied, that the entire pet cemetery or any burial or interment right therein will be perpetually cared for, unless adequate provision has been made for the perpetual care of the cemetery and all burials and interment rights therein as to which such representation has been made.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":253934,"text":"Each pet cemetery operator shall establish in a bank, savings and loan or other federally insured investment banking institution doing business in the Commonwealth an irrevocable trust fund in the amount of at least $12,000 before the first lot, parcel of land, burial or interment right is sold. This fund shall be designated the perpetual care fund.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":253935,"text":"The moneys of a perpetual care fund shall be invested as provided by § 2.2-4519, Article 9 (§ 64.2-780 et seq.) of Chapter 7 of Title 64.2, and §§ 64.2-1502 through 64.2-1506, except as provided otherwise herein.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":253936,"text":"The income from the perpetual care fund shall be used only for the maintenance, supervision, improvement, and preservation of the grounds, lots, markers, memorials, buildings, equipment, statuary, and other real and personal property of the pet cemetery and for the payment of real property taxes. Annual reports of all the assets and investments of the perpetual care fund shall be prepared and maintained by the operator, and shall be available for inspection at reasonable times to any owner of a burial right in the pet cemetery. Such records shall be subject to examination by the commissioner of revenue.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":16373,"edition_id":1,"name":"Pet Cemeteries","identifier":"8","label":"article","depth":3,"order_by":1,"parent_id":13325,"metadata":{},"date_created":"2026-06-26 04:15:34","date_modified":"2026-06-26 04:15:34","permalink":{"id":251805,"object_type":"structure","relational_id":16373,"identifier":"8","token":"57\/3\/8","url":"\/57\/3\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13325,"edition_id":1,"name":"Cemeteries","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":13324,"metadata":{},"date_created":"2026-06-26 03:44:39","date_modified":"2026-06-26 03:44:39","permalink":{"id":251625,"object_type":"structure","relational_id":13325,"identifier":"3","token":"57\/3","url":"\/57\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13324,"edition_id":1,"name":"Religious and Charitable Matters; Cemeteries","identifier":"57","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:39","date_modified":"2026-06-26 03:44:39","permalink":{"id":251501,"object_type":"structure","relational_id":13324,"identifier":"57","token":"57","url":"\/57\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":84041,"structure_id":16373,"section_number":"57-39.20","catch_line":"Definitions","url":"\/57-39.20\/","token":"57\/3\/8\/57-39.20","metadata":false},{"id":67473,"structure_id":16373,"section_number":"57-39.21","catch_line":"Duty to file declaration of land use restriction","url":"\/57-39.21\/","token":"57\/3\/8\/57-39.21","metadata":false},{"id":70345,"structure_id":16373,"section_number":"57-39.22","catch_line":"Certain representations unlawful; perpetual care trust fund required","url":"\/57-39.22\/","token":"57\/3\/8\/57-39.22","metadata":false},{"id":78284,"structure_id":16373,"section_number":"57-39.23","catch_line":"Change of address required from owner of burial right","url":"\/57-39.23\/","token":"57\/3\/8\/57-39.23","metadata":false},{"id":85441,"structure_id":16373,"section_number":"57-39.24","catch_line":"Removal of restriction on land","url":"\/57-39.24\/","token":"57\/3\/8\/57-39.24","metadata":false},{"id":84788,"structure_id":16373,"section_number":"57-39.25","catch_line":"Violation a misdemeanor","url":"\/57-39.25\/","token":"57\/3\/8\/57-39.25","metadata":false}],"previous_section":{"id":67473,"structure_id":16373,"section_number":"57-39.21","catch_line":"Duty to file declaration of land use restriction","url":"\/57-39.21\/","token":"57\/3\/8\/57-39.21","metadata":false},"next_section":{"id":78284,"structure_id":16373,"section_number":"57-39.23","catch_line":"Change of address required from owner of burial right","url":"\/57-39.23\/","token":"57\/3\/8\/57-39.23","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/57-39.22\/","history_text":"

This law was first created in 1996. The record of its establishment is cataloged in chapter 957<\/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 1 time. 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. That modification is as follows: in 1999, chapter 772<\/a>.<\/p>","references":[{"id":84788,"section_number":"57-39.25","catch_line":"Violation a misdemeanor","order_by":null,"url":"\/57-39.25\/"}],"refers_to":[{"id":82053,"section_number":"2.2-4519","catch_line":"Investment of funds by the Virginia Housing Development Authority and the Virginia Resources Authority","order_by":null,"url":"\/2.2-4519\/"},{"id":55439,"section_number":"64.2-1502","catch_line":"In what securities fiduciaries may invest; definitions","order_by":null,"url":"\/64.2-1502\/"},{"id":61706,"section_number":"64.2-1506","catch_line":"Investment in mutual fund affiliated with fiduciary","order_by":null,"url":"\/64.2-1506\/"},{"id":57841,"section_number":"64.2-780","catch_line":"Definition of terms","order_by":null,"url":"\/64.2-780\/"}],"permalink":{"id":251815,"object_type":"law","relational_id":70345,"identifier":"57-39.22","token":"57\/3\/8\/57-39.22","url":"\/57-39.22\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/57-39.22\/","token":"57\/3\/8\/57-39.22","dublin_core":{"Title":"Certain representations unlawful; perpetual care trust fund required","Type":"Text","Format":"text\/html","Identifier":"\u00a7 57-39.22","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Effective July 1, 1996, it shall be unlawful to sell or offer for sale in the Commonwealth any burial right<\/span> in a pet cemetery<\/span>, and in connection therewith to represent to the public, in any manner, express or implied, that the entire pet cemetery<\/span> or any burial or interment<\/span> right therein will be perpetually cared for, unless adequate provision has been made for the perpetual care of the cemetery and all burials and interment<\/span> rights therein as to which such representation has been made. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Each pet cemetery<\/span> operator<\/span> shall establish in a bank, savings and loan or other federally insured investment banking institution doing business in the Commonwealth an irrevocable trust fund in the amount of at least $12,000 before the first lot, parcel of land, burial or interment<\/span> right is sold. This fund shall be designated the perpetual care fund<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The moneys of a perpetual care fund<\/span> shall be invested as provided by § 2.2-4519<\/a>, Article 9 (§ 64.2-780<\/a> et seq.) of Chapter 7 of Title 64.2, and §§ 64.2-1502<\/a> through 64.2-1506<\/a>, except as provided otherwise herein. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The income from the perpetual care fund<\/span> shall be used only for the maintenance, supervision, improvement, and preservation of the grounds, lots, markers, memorials, buildings, equipment, statuary, and other real and personal property of the pet cemetery<\/span> and for the payment of real property taxes. Annual reports of all the assets<\/span> and investments of the perpetual care fund<\/span> shall be prepared and maintained by the operator<\/span>, and shall be available for inspection at reasonable times to any owner of a burial right<\/span> in the pet cemetery<\/span>. Such records shall be subject to examination by the commissioner of revenue. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCERTAIN REPRESENTATIONS UNLAWFUL; PERPETUAL CARE TRUST FUND REQUIRED (\u00a7\n57-39.22)\n\nA. Effective July 1, 1996, it shall be unlawful to sell or offer for sale in the\nCommonwealth any burial right in a pet cemetery, and in connection therewith to\nrepresent to the public, in any manner, express or implied, that the entire pet\ncemetery or any burial or interment right therein will be perpetually cared for,\nunless adequate provision has been made for the perpetual care of the cemetery\nand all burials and interment rights therein as to which such representation has\nbeen made.\n\nB. Each pet cemetery operator shall establish in a bank, savings and loan or\nother federally insured investment banking institution doing business in the\nCommonwealth an irrevocable trust fund in the amount of at least $12,000 before\nthe first lot, parcel of land, burial or interment right is sold. This fund\nshall be designated the perpetual care fund.\n\nC. The moneys of a perpetual care fund shall be invested as provided by §\n2.2-4519, Article 9 (§ 64.2-780 et seq.) of Chapter 7 of Title 64.2, and\n§§ 64.2-1502 through 64.2-1506, except as provided otherwise herein.\n\nD. The income from the perpetual care fund shall be used only for the\nmaintenance, supervision, improvement, and preservation of the grounds, lots,\nmarkers, memorials, buildings, equipment, statuary, and other real and personal\nproperty of the pet cemetery and for the payment of real property taxes. Annual\nreports of all the assets and investments of the perpetual care fund shall be\nprepared and maintained by the operator, and shall be available for inspection\nat reasonable times to any owner of a burial right in the pet cemetery. Such\nrecords shall be subject to examination by the commissioner of revenue.\n\nHISTORY: 1996, c. 957; 1999, c. 772.","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}}