(a) Before January 1, 1998, a cemetery association may elect to have the provisions of IC 23-1 or IC 23-17 apply permanently to the cemetery association, irrespective of whether the cemetery association has issued shares of stock.(b) A cemetery association electing to have IC 23-1 apply to the cemetery association may:(1) incorporate or reincorporate under IC 23-1; or(2) if the cemetery association is a corporation, comply with the following procedures:(A) The board of directors or trustees must adopt a resolution electing to have the provisions of IC 23-1 apply to the cemetery association.(B) The resolution must specify a date (before January 1, 1998) after which the provisions of IC 23-1 will apply to the cemetery association.(C) The resolution must be filed with the secretary of state before the date specified under clause (B).(c) A cemetery association electing to have IC 23-17 apply to the cemetery association may:(1) incorporate or reincorporate under IC 23-17; or(2) if the cemetery association is a corporation, accept the provisions of IC 23-17 by taking the actions set forth in IC 23-17-1-1.As added by P.L.52-1997, SEC.50.
Indiana Legal Code