New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 14 - SALES OF INTERMENT SPACES › Section 13:44J-14.2 - Sales to a membership or religious corporation or unincorporated association or society which provides interment spaces or niches solely for its members and their families

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A membership or religious corporation or an unincorporated association or society, which wishes to sell interment spaces or niches to another membership corporation or religious corporation or society, or to an unincorporated association or society pursuant to 45:27-32, must receive Board approval prior to the sale.
(b) The Executive Director is authorized to grant approval for sales pursuant to (a) above. The Board shall be notified that such approval has been granted at the next meeting.
(c) An application for sale of the interment spaces or niches shall include the following:
1. A copy of the contract of sale, which shall include the names of the parties, the number of interment spaces or niches to be sold, the location of each, and the sales price;
2. A certified statement by an officer of the selling organization that:
i. The organization is a membership corporation or religious corporation or society, or an unincorporated association or society;
ii. The organization will sell the spaces pursuant to 45:27-32;
iii. The organization is aware that at least 15 percent of the current retail gross sales price of comparable graves or at least 10 percent of the current gross sale price of comparable crypts or niches will be deposited into the Maintenance and Preservation Fund of the cemetery company, and the name of the party making such deposit; and
iv. The organization is selling the interment spaces or niches in good faith and does not have any knowledge of any intent to resell on the part of the purchaser which would violate 45:27-32;
3. A certified statement by the officer of the purchasing organization that:
i. The organization is a membership corporation or religious corporation or society, or an unincorporated association or society;
ii. The organization will purchase the spaces pursuant to 45:27-32;
iii. The organization will resell or give the interment spaces or niches, or the right to use the interment spaces or niches, only to its members, and that the spaces or niches will be provided solely for members and their families;
iv. If the purchaser transfers or resells an interment space or niche, the organization will transmit to the cemetery company for deposit into the Maintenance and Preservation Fund of the cemetery company at least 15 percent of the current retail gross sales price of comparable interment spaces or niches but the purchaser shall receive a credit for any money previously paid into the Maintenance and Preservation Fund in connection with the interment space or niche;
v. The organization is purchasing the interment spaces or niches in good faith and does not have any intent to resell which would violate 45:27-32;
vi. The purchaser shall forward to the cemetery company the name and address of individuals who have the right of interment space and their next of kin;
vii. The purchaser shall notify the cemetery company when it sells, gives or assigns interment spaces and niches; and
viii. The purchaser shall designate in writing to the cemetery company an agent who has authority to consent to burials in interment spaces or niches owned by it or a change in the agent;
4. A statement by the cemetery company that:
i. It is aware that an amount equal to at least 15 percent of the current retail gross sales price of comparable graves or at least 10 percent of the current gross sales price of comparable crypts or niches must be deposited into the Maintenance and Preservation Fund of the cemetery company when a membership or religious organization resells its interment spaces or niches in bulk to another membership or religious organization, except that a credit shall be given for any amount previously paid into the Maintenance and Preservation Fund in connection with each particular interment space or niche;
ii. It is aware that, if the purchasing organization resells or transfers an interment space or niche to a member, at least 15 percent of the current retail gross sales price of comparable graves, crypts or niches shall be deposited into the Maintenance and Preservation Fund of the cemetery company, less a credit for any money previously paid into the Maintenance and Preservation Fund in connection with that interment space or niche; and
iii. To the best of its knowledge, the transaction is being undertaken in good faith, and neither the selling organization, nor the purchasing organization has an intent to resell which would violate 45:27-32; and
5. An application fee as set forth in 13:44J-3.1(a)1  iv(8).