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Cemetery Change of Control
Change of Control
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I am purchasing or acquiring controlling interest of an existing cemetery, what needs to be done?
- Complete a “Cemetery Registration Application” through MiCLEAR. Choose "Change of Control" within the application under "Reason for Application".
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In order to consider an application complete and to avoid delay of processing, the following documents must be uploaded as part of the application:
- Purchase Agreement
- Physical Plans
- Endowment and Perpetual Care Trust Fund Agreement
- Prepaid Escrow Agreement and Prepaid Funeral & Cemetery sales registration or application, if applicable
- Proof of Health Department Approval
- Resume of Operator
- Entity Documents (must be formed under the Cemetery Corporations Act or Rural Cemetery Corporations Act)
- Provide a list of each person who has an interest in the cemetery, include all Directors, Officers, Partners, Members and Affiliated Persons of the cemetery.
- Provide a sworn statement from the seller attesting to the assets and liabilities related to the cemetery, including all trust accounts and the value of those accounts.
- Provide a sworn statement from purchaser and seller stating who will assume the assets and liabilities related to the cemetery.
- Provide a sworn statement that the principal from the endowment and perpetual care trust accounts will be held in escrow for 6 months from the later of the commissioner’s approval, the close of the sale, or transfer of title.
- Additional information/documentation may be requested after the review of the initial application.
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Cemetery Registration $1,500.00
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Can I own or operate a cemetery and funeral establishment?
- No, review MCL 339.1812.