House Bill No. [insert number] enacts R.S. 8:454.3, which establishes a legal framework for the merger of cemetery trust funds owned by the same cemetery authority. The bill outlines the process for executing a plan of merger, which must be approved by the governing authority of the cemetery. Key components of the plan include the names and creation dates of the trust funds, the method for transferring assets, the effective date of the merger, and any amendments to the trust instruments. Additionally, articles of merger must be signed by an authorized representative and submitted within thirty days of the merger's effective date.
Upon the merger's effectiveness, the bill stipulates that the separate existence of the merged trust funds ceases, and all property and liabilities are transferred to the surviving trust fund without the need for further action. The trust instrument of the surviving fund will be amended as specified in the merger plan. Furthermore, if any part of the cemetery existed prior to August 1, 1962, the provisions of certain existing laws will continue to apply, ensuring that the perpetual or endowed care obligations are maintained.