Code of Massachusetts Regulations
239 CMR - BOARD OF REGISTRATION IN EMBALMING AND FUNERAL DIRECTING
Title 239 CMR 3.00 - Registration Requirements; Standards of Business and Professional Practice
Section 3.16 - Corporations, LLCs, LLPs, and Other Entities
Universal Citation: 239 MA Code of Regs 239.3
Current through Register 1531, September 27, 2024
(1) A corporation, LLC, LLP, or other such entities may engage in the Profession and Business of Embalming and Funeral Directing only if:
(a) a controlling interest
in that entity is held by one or more individuals holding a Type 3.
This shall be determined based on the distribution of authorized stock or other such evidence of ownership;
(b) the business of that entity is under the
direction and control of one or more Type 3s , who shall be held responsible
for ensuring that that the entity complies with M.G.L. c. 112, §§ 61
through 65A, 82 through 87, and 239 CMR;
(c) the entity meets the professional
liability insurance requirements set forth in
239 CMR
3.17; and
(d) the entity does not hold an ownership
interest in, or engage in, any business other than the Profession and Business
of Embalming and Funeral Directing as defined in
239 CMR
3.01.
(2) Changes in the controlling interest held by a Type 3 in a corporation, LLC, LLP, or other such entity operating a Licensed Funeral Establishment which causes the individual(s) holding the controlling interest to change shall be construed as a change in ownership in the Licensed Funeral Establishment itself as described in 239 CMR 3.04 and 3.06.
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