                                 CODE OF VIRGINIA

CERTAIN REPRESENTATIONS UNLAWFUL; PERPETUAL CARE TRUST FUND REQUIRED (§
57-39.22)

A. 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.

B. 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.

C. The moneys of a perpetual care fund shall be invested as provided by &#xA7;
2.2-4519, Article 9 (&#xA7; 64.2-780 et seq.) of Chapter 7 of Title 64.2, and
&#xA7;&#xA7; 64.2-1502 through 64.2-1506, except as provided otherwise herein.

D. 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.

HISTORY: 1996, c. 957; 1999, c. 772.