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Session Laws

1985

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CHAPTER 393 AN ACT RELATIVE TO CEMETERY CORPORATIONS.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 80 of chapter 156B of the General Laws is hereby amended by striking out clause (5), as appearing in the 1984 Official Edition, and inserting in place thereof the following clause:-

(5) all of the estate, property, rights, privileges, powers and franchises of the constituent corporations and all of their property, real, personal and mixed, and all the debts due on whatever account to any of them, as well as all stock subscriptions and other choses in action belonging to any of them, shall be transferred to and vested in the resulting or surviving corporation, without further act or deed; provided, however, that upon consolidation or merger of a cemetery corporation or association established pursuant to chapter one hundred and fourteen and a nonprofit corporation established pursuant to chapter one hundred and eighty, the surviving corporation shall not be liable for any claim, cost, loss, expense or damage in connection with or related to said constituent cemetery corporation or association which occurs prior to the consolidation or merger, except to the extent of the assets or income attributable to such assets of said constituent cemetery corporation or association, and all claims, demands, property and other interest shall be the property of the resulting or surviving corporation, and the title to all real estate vested in any of the constituent corporations shall not revert or be in any way impaired by reason of the merger or consolidation, but shall be vested in the resulting or surviving corporation.

SECTION 2. Section 4 of chapter 180, as so appearing, is hereby amended by adding the following clause:-

(m) for the purpose of purchasing, holding, preserving and maintaining burial grounds in accordance with the provisions of chapter one hundred and fourteen.

SECTION 3. Section 10 of said chapter 180, as so appearing, is hereby amended by inserting after the word "corporations", in line 3, the first time it appears, the words:- and any cemetery association or corporation organized under chapter one hundred and fourteen may consolidate or merge with a corporation under this chapter.

Approved October 15, 1985.