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1987 Arkansas Attorney General Reports and Opinions 1 (1987)

handle is hein.sag/sagar0056 and id is 1 raw text is: STATE OFARKANSAS OFFICE OF THE ATTORNEY GENERAL 201 EAST MARKHAM STREET STEVE CLARK HERITAGE WEST BUILDING ATTORNEY GENERAL LITTLE ROCK, ARKANSAS 72201 Opinion No. 87-1 March 13, 1987 Ms. Beverly Bassett Arkansas Securities Department Heritage West Bldg. - Third Floor 201 East Markham Little Rock, AR 72201 Dear Ms. Bassett: This office acknowledges receipt of your request for clarification of our Opinion No. 86-14 issued January 24, 1986. You ask: Whether Act 352 of 1977, as amended, (Act) requires the sellers of burial spaces to deduct the perpetual care fees attributable to each sales contract from the total purchase price of the sales contract and pay that amount into the perpetual care fund? If not, does the Act prohibit a permitted cemetery from charging the purchasers of burial spaces an appropriate perpetual care fee based on a percentage of the total purchase price of the burial space and adding that fee to the cost of the purchase contract for the burial space and collecting that fee separately from the purchase? The Cemetery Act for Perpetually Maintained Cemeteries, Act 352 of 1977, as amended, compiled at Ark. Stat. Ann. 55 82-426.1 through 82-426.23 (1985 Cum. Supp.), provides for the establishment and maintenance of perpetual care cemeteries. The Act provides that each regulated cemetery establish a trust fund, the income of which can be used only for general maintenance, administration and preservation of the cemetery. Ark. Stat. Ann. 582-426.14(A) provides:

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