May 1, 2008, Introduced by Reps. Wojno, Sak, Farrah, Virgil Smith, Shaffer, Amos, Pavlov, Knollenberg, Condino, Green, Meadows, Dean, Hammon and Cushingberry and referred to the Committee on Regulatory Reform.
A bill to amend 1915 PA 58, entitled
"An act to provide for the incorporation of cremation companies and
associations; and to impose certain duties upon the department of
commerce,"
by amending sections 1 and 3 (MCL 456.201 and 456.203), section 3
as amended by 1982 PA 114.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
1. (1) Five or more persons may, who shall, by
articles
of agreement in writing, associate themselves according to the
provisions
of this act , under
any name assumed by them, for the
purpose of providing the necessary appliances for the disposal by
cremation
of the bodies of the dead , and
for the purpose of
purchasing land for a crematorium or columbarium, or both, in this
state. ,
and for The purpose of the
corporation may also include
the fencing, laying out, improving, establishing, and maintaining
said
of land. , and who shall comply Upon compliance with sections
2,
3, and 4, of this act, those persons shall, with
their
successors and assigns, constitute a body politic or corporate,
under
the name assumed by them in their articles of association :
Provided,
however, That except that no 2 corporations shall assume
the same name.
(2) A corporation formed for a purpose described in subsection
(1) may be formed under the business corporation act, 1972 PA 284,
MCL 450.1101 to 450.2098, instead of under this act.
Sec. 3. (1) Within 1 week after the organization of any
corporation organized under this act, the secretary shall make out
a certificate of the organization of such corporation, giving the
information referred to in section 2, which certificate shall be
signed
by the president and secretary of such the corporation, and
shall
forthwith file such the
certificate with the corporation and
securities
bureau of commercial services of the department of
commerce
labor and economic growth.
(2) The cemetery commissioner, as further described in the
cemetery regulation act, 1968 PA 251, MCL 456.521 to 456.543, has
authority to investigate a corporation formed under this act for
violations of this act regarding the trusting or escrowing of money
under this act for any purpose.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 6033(request no.
03313'07 **) of the 94th Legislature is enacted into law.