Section 5-605 - Trust agreement.
§ 5-605. Trust agreement.
(a) Written agreement required.- The terms of a trust to provide for perpetual care shall be designated in a written agreement between the registered cemeterian, permit holder, or any other person subject to the trust requirements of this subtitle and trustee.
(b) Terms.- The terms of the trust agreement:
(1) shall conform to this subtitle; and
(2) may include provisions about:
(i) payment of income;
(ii) accumulation of income;
(iii) reinvestment of income;
(iv) administration of the trust fund; and
(v) powers of the trustee as to investments.
(c) Irrevocability.-
(1) A trust agreement shall be irrevocable.
(2) However, a trust agreement may:
(i) give the registered cemeterian, permit holder, or other person subject to the trust requirements of this subtitle the right to remove the trustee and appoint another qualified trustee; and
(ii) provide for the appointment of individuals as cotrustees and successor cotrustees with a corporate trustee.
[An. Code 1957, art. 23, § 165A; 1992, ch. 4, § 2; 1997, ch. 675, §§ 1, 2; 2006, ch. 348; 2007, ch. 348, § 2.]