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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>56354</law_id><section_number>54.1-2313.1</section_number><catch_line>Protection of preneed burial and perpetual care trust funds; operation of cemetery company; appointment of receiver</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="54.1">Professions and Occupations</unit><unit label="subtitle" level="2" order_by="1" identifier="II">Professions and Occupations Regulated by the Department of Professional and Occupational Regulation and Boards Within the Department</unit><unit label="chapter" level="3" order_by="1" identifier="23.1">Cemetery Operators, Perpetual Care Trust Funds and Preneed Burial Contracts</unit></structure><text>
						<section><p>No <span class="dictionary">licensee</span> or any agent of the <span class="dictionary">licensee</span> shall divert or misuse any funds held in trust or otherwise held by him for another. If <span class="dictionary">preneed</span> or perpetual care funds are held in trust and the <span class="dictionary">Board</span> or its agents have reason to believe that (i) the <span class="dictionary">licensee</span> is not able to adequately protect the interest of the person involved; (ii) the <span class="dictionary">licensee</span> has had his license suspended, revoked, or surrendered; and (iii) the conduct of the <span class="dictionary">licensee</span> or the operation of the cemetery threatens the interests of the public, the <span class="dictionary">Board</span> shall file a <span class="dictionary">petition</span> with any <span class="dictionary">court</span> of record having <span class="dictionary">equity</span> <span class="dictionary">jurisdiction</span> over the <span class="dictionary">licensee</span> or any of the funds held by him stating the <span class="dictionary">facts</span> upon which it relies.
		The <span class="dictionary">court</span> may temporarily enjoin further activity by the <span class="dictionary">licensee</span> and take such further action as shall be necessary to ensure that the <span class="dictionary">cemetery company</span> is operated in full compliance with this chapter and the <span class="dictionary">Board</span>&#x2019;s regulations, or to conserve, protect, and disburse the funds involved, or both, including the appointment of a receiver. If a receiver is appointed, the expenses of such receivership and a reasonable fee, as determined by the <span class="dictionary">court</span>, shall be paid from the <span class="dictionary">assets</span> of the <span class="dictionary">cemetery company</span>. The <span class="dictionary">Board</span> shall not be liable for any expenses or fees of the receiver.</p></section></text><history>2004, c. 192; 2022, c. 161.</history><metadata></metadata></law>
