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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>80662</law_id><section_number>54.1-2330</section_number><catch_line>Specific funds and income to remain in preneed trust account; exception</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>Specific funds shall remain intact until the property is delivered or services performed as specified in the <span class="dictionary">contract</span>. The net income from the preneed trust account, after payment of any appropriate trustee fees, commissions, and costs, shall remain in the account and be reinvested and compounded. Any trustee fees, commissions, and costs in excess of income shall be paid by the <span class="dictionary">cemetery company</span> and not from the trust. However, the trustee shall, as of the close of the <span class="dictionary">cemetery company</span>&#x2019;s fiscal year, upon written assurance to the trustee of a certified public accountant employed by the <span class="dictionary">seller</span>, return to the <span class="dictionary">seller</span> any income in the <span class="dictionary">seller</span>&#x2019;s account which, when added to the specific funds, is in excess of the current <span class="dictionary">cost requirements</span> for all undelivered property or services included in the <span class="dictionary">seller</span>&#x2019;s <span class="dictionary">preneed burial contracts</span>. The <span class="dictionary">seller</span>&#x2019;s <span class="dictionary">cost requirements</span> shall be certified in its records by an <span class="dictionary">affidavit</span> sworn by the <span class="dictionary">compliance agent</span> and shall be determined by the <span class="dictionary">seller</span> as of the close of the <span class="dictionary">cemetery company</span>&#x2019;s fiscal year.</p></section></text><history>1998, cc. 708, 721.</history><metadata></metadata></law>
