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Virginia Administrative Code
Title 18. Professional And Occupational Licensing
Agency 47. Cemetery Board
Chapter 20. Cemetery Board Rules and Regulations
1/14/2026

18VAC47-20-60. Qualifications of trustees.

A. The trustee of a perpetual care trust fund or a preneed trust fund, other than a Virginia trust company or trust subsidiary or a federally insured bank or savings institution doing business in the Commonwealth, must meet the requirements of this section and will be governed by § 54.1-2318 of the Code of Virginia.

B. The trustee applicant must be at least 18 years of age and have a minimum of two years of experience either as an individual trustee or as an agent for a firm responsible for the management of a trust.

C. Each trustee or trust firm must provide information for the seven years prior to the submission of the application on any outstanding judgments, outstanding tax obligations, or defaults on any bonds directly related to the management of the trust. If the trustee firm or its parent or predecessor organization has, during the previous seven years, been adjudicated a bankrupt or has any proceeding for the relief of debtors, such fact must be stated.

D. Each trust firm and principals of the firm must disclose, at the time the application is submitted, any current or previous trusts managed in Virginia or in other jurisdictions, and any disciplinary actions taken against these trusts, the trust company, or the individuals managing the trusts. This includes any monetary penalties, fines, or disciplinary actions taken by any federal, state, or local regulatory agencies.

E. The trustee must meet the bonding requirements set forth in §§ 54.1-2317 and 54.1-2326 of the Code of Virginia as applicable.

F. In accordance with §§ 54.1-2317 and 54.1-2326 of the Code of Virginia, each trustee must disclose the following information about the trust firm or principals of the firm:

1. A conviction in any jurisdiction of any felony.

2. All misdemeanor convictions involving fraudulent or dishonest acts within five years of the date the application is submitted.

The board, in its discretion, may deny approval of a trustee application in accordance with § 54.1-2317 or § 54.1-2326 of the Code of Virginia.

Statutory Authority

§§ 54.1-201 and 54.1-2313 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 16, Issue 13, eff. April 12, 2000; Errata, 16:14 VA.R. 1911 March 27, 2000; amended, Virginia Register Volume 38, Issue 4, eff. December 1, 2021; Volume 42, Issue 8, eff. December 31, 2025.

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