Md. Code, Bus. Reg. § 5-605

Current with changes from the 2024 Legislative Session
Section 5-605 - Trust agreement
(a) The terms of a trust to provide for perpetual care shall be designated in a written agreement between the registered cemeterian, permit holder, or any other person subject to the trust requirements of this subtitle and trustee.
(b) The terms of the trust agreement:
(1) shall conform to this subtitle; and
(2) may include provisions about:
(i) payment of income;
(ii) accumulation of income;
(iii) reinvestment of income;
(iv) administration of the trust fund; and
(v) powers of the trustee as to investments.
(c)
(1) A trust agreement shall be irrevocable.
(2) However, a trust agreement may:
(i) give the registered cemeterian, permit holder, or other person subject to the trust requirements of this subtitle the right to remove the trustee and appoint another qualified trustee; and
(ii) provide for the appointment of individuals as cotrustees and successor cotrustees with a corporate trustee.

Md. Code, BR § 5-605