Certificate of authority

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  1. (a) Applications for a certificate of authority shall be on forms furnished by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services, and a burial association shall not begin operation until the application has been approved and the certificate of authority has been granted by the board.

  2. (b) The following documents and information shall be filed with the application for a certificate of authority:

    1. (1) Consent to service of process upon the secretary of the applicant;

    2. (2) A copy of the proposed form of membership application, membership certificate, bylaws, and contracts for service, merchandise, supplies, and any other data requested by the board;

    3. (3) References as to character, ability, and integrity of the organizers and of any funeral director or embalmer with whom the applicant proposes to contract;

    4. (4) An application fee as determined by rule of the board; and

    5. (5)

      1. (A) Proof of a deposit to the association's mortuary funds in an amount determined by rule of the board.

      2. (B) The deposit required under subdivision (b)(5)(A) of this section shall not exceed ten thousand dollars ($10,000).

  3. (c) If the board is satisfied that the applicant is qualified and meets the requirements of this chapter, the board shall issue to the applicant a certificate of authority.


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