Business Registration - Cemeteries

Application to Operate a Cemetery

No person, partnership, firm or corporation may engage in the business of operating a cemetery company in West Virginia without having first paid an annual registration fee established by the Tax Commissioner of $200.00, and filing with the Tax Commissioner a CEM-1 which requires the person to provide certain information which includes the name and addresses of all officers, owners and directors of the cemetery company and the name of the designated compliance agent. The cemetery company must notify the Tax Commissioner of any changes in the information required to be filed within 90 days of the date on which the change occurs. A new filing is also required if there is a change in the ownership of the cemetery company or if there is a change in the name of the compliance agent designated by the cemetery company. The cemetery company must pay an additional fee of $100.00 in connection with the reporting of such changes.

Preneed Services: Trust and Bond Requirements

Every cemetery company offering property, goods or services as a part of a preneed cemetery company contract when the anticipated delivery of such services will be delayed by more than 120 days is required to deposit 40% of the proceeds of such contract into an interest bearing trust fund. If the trustee is someone other than a bank, savings and loan or other federally insured investment banking institution, the trustee shall be approved by the Tax Commissioner and must furnish a surety bond equal to 100% of the value of the trust estate (but not less than $100,000.00) along with a CEM-B form to the Tax Commissioner.

Preneed Services: Annual Report

A cemetery company is required to file an annual report with the Tax Commissioner within four months following the close of the company’s fiscal year containing information about the trust. Such report shall be filed on a form CEM-4. A separate report must be completed for each trust account.