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
Universal Citation: NJ Admin Code 13:44J-14.2
Current through Register Vol. 57, No. 6, March 17, 2025
(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 N.J.S.A. 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
N.J.S.A.
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
N.J.S.A.
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
N.J.S.A.
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
N.J.S.A.
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
N.J.S.A.
45:27-32; and
5. An application fee as set forth in
N.J.A.C.
13:44J-3.1(a)1
iv(8).
(d) The Board may request additional information from the selling organization, purchasing organization or cemetery company regarding the application for sale to a membership, religious corporation, society or unincorporated association or society which provides interment spaces or niches solely for its members and their families.
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