68.05.254 - Examination of endowment funds and prearrangement trust funds.

Examination of endowment funds and prearrangement trust funds.

(1) The board shall examine the endowment care and prearrangement trust fund or funds of a cemetery authority:

     (a) Whenever it deems necessary, but at least once every three years after the original examination except where the cemetery authority is either required by the board to, or voluntarily files an annual financial report for the fund certified by a certified public accountant or a licensed public accountant in accordance with generally accepted auditing standards;

     (b) One year following the issuance of a new certificate of authority;

     (c) Whenever the cemetery authority in charge of endowment care or prearrangement trust fund or funds fails after reasonable notice from the board to file the reports required by this chapter; or

     (d) Whenever it is requested by verified petition signed by twenty-five lot owners alleging that the endowment care funds are not in compliance with this title, or whenever it is requested by verified petition signed by twenty-five purchasers or beneficiaries of prearrangement merchandise or services alleging that the prearrangement trust funds are not in compliance with this title, in either of which cases, the examination shall be at the expense of the petitioners.

     (2) The expense of the endowment care and prearrangement trust fund examination as provided in subsection (1)(a) and (b) of this section shall be paid by the cemetery authority. Such examination shall be privately conducted in the principal office of the cemetery authority.

     (3) The requirements that examinations be conducted once every three years and that they be conducted in the principal office of the cemetery authority do not apply to any endowment care or prearrangement fund that is less than twenty-five thousand dollars. The board shall, at its discretion, decide when and where the examinations shall take place.

     (4) Examination expenses incurred in conjunction with a transfer of ownership of a cemetery must be paid by the selling entity.

     (5) All examination expense moneys collected by the department must be paid to the cemetery account created in *RCW 68.05.285.

[2005 c 365 § 65; 1987 c 331 § 21; 1979 c 21 § 7; 1973 1st ex.s. c 68 § 12; 1953 c 290 § 42. Formerly RCW 68.05.130.]

Notes: *Reviser's note: RCW 68.05.285 was repealed by 2009 c 102 § 26.