(760 ILCS 100/15b)
Sec. 15b.
Sales; liability of purchaser for shortage.
In the case of a sale of any privately operated cemetery or any part thereof
or of any related personal property by a cemetery authority to a purchaser or
pursuant to foreclosure proceedings, except the sale of burial rights,
services, or merchandise to a person for his or her personal or family burial
or interment, the purchaser is liable for any shortages existing before or
after the sale in the care funds required to be maintained in a trust pursuant
to this Act and shall honor all instruments issued under Section 4 for that
cemetery. Any shortages existing in the care funds constitute a prior lien in
favor of the trust for the total value of the shortages, and notice of such
lien shall be provided in all sales instruments.
In the event of a sale or transfer of all or substantially all
of the assets of the cemetery authority,
the sale or transfer of
the controlling interest of the corporate stock of the cemetery
authority if the cemetery authority is a corporation, or the sale
or transfer of the controlling of the partnership if the cemetery
authority is a partnership, the cemetery authority shall, at least
21 days prior to the sale or transfer, notify the
Comptroller, in writing, of the pending date of sale or transfer so
as to permit the Comptroller to audit the books and records of the
cemetery authority. The audit must be commenced within 10 business
days of the
receipt of the notification and completed within the 21 day notification period
unless the Comptroller notifies the cemetery authority during that period that
there is a basis for determining a deficiency which will require additional
time to finalize. The sale or transfer may not be completed by
the cemetery authority unless and until:
(a) The Comptroller has completed the audit of the |
| cemetery authority's books and records;
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(b) Any delinquency existing in the care funds has
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| been paid by the cemetery authority, or arrangements satisfactory to the Comptroller have been made by the cemetery authority on the sale or transfer for the payment of any delinquency;
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(c) The Comptroller issues a new cemetery care
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| license upon application of the newly controlled corporation or partnership, which license must be applied for within 30 days of the anticipated date of the sale or transfer, subject to the payment of any delinquencies, if any, as stated in item (b) above.
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For purposes of this Section, a person, firm, corporation,
partnership, or institution that acquires the cemetery through a
real estate foreclosure shall be subject to the provisions of this
Section. The sale or transfer of the controlling interest of a
cemetery authority to an immediate family member is not subject to
the license application process required in item (c) of this Section.
In the event of a sale or transfer of any cemetery land, including any
portion of cemetery land in which no human remains have been interred, a
licensee shall, at least 21 days prior to the sale or transfer, notify the
Comptroller, in writing, of the pending sale or transfer.
(Source: P.A. 92-419, eff. 1-1-02.)
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