Mich. Comp. Laws » Michigan Compiled Laws / Chapter 456 / Act 251 of 1968
Michigan Compiled Laws

Mich. Comp. Laws § 456.530 (2026)

Commissioner; auditing trust funds; registration of cemeteries; exemptions.

✓ current as of July 2026
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CEMETERY REGULATION ACT


Act 251 of 1968


456.530 Commissioner; auditing trust funds; registration of cemeteries; exemptions.

Sec. 10.

    (1) The commissioner shall institute and maintain a system of auditing trust funds required by this act and of registering each cemetery authorized to be created, maintained, and operated in this state, as well as any other cemetery operating under state law or local ordinance. A cemetery owned and operated by a municipal corporation, church, or religious institution is exempt from this act. However, a municipal corporation may pass ordinances necessary for regulating that municipal corporation's cemeteries.

    (2) A cemetery for earth interment of 10 acres or less in size, which is owned and operated entirely and exclusively by an existing nonprofit entity and in which a burial has taken place before September 15, 1968, is exempt from the fee provisions of this act, shall have the trust fund required by this act audited at the discretion of the commissioner, and is exempt from the endowment care trust fund requirements of section 16, except for the report requirements if the cemetery maintains endowment and perpetual care trust funds.

History: 1968, Act 251, Eff. Sept. 15, 1968 ;-- Am. 1978, Act 102, Imd. Eff. Apr. 6, 1978 ;-- Am. 1982, Act 132, Imd. Eff. Apr. 20, 1982 ;-- Am. 1982, Act 289, Imd. Eff. Oct. 7, 1982 ;-- Am. 2004, Act 22, Eff. Jan. 1, 2005 ;-- Am. 2008, Act 478, Imd. Eff. Jan. 12, 2009

Compiler's Notes:

    For transfer of powers and duties of certain occupational functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at MCL 338.3501 of the Michigan Compiled Laws.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2015–2023 · leading case: Margaret Gathright v. Mission Hills Mem'l Gardens (Mich. Ct. App. 2023).
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Margaret Gathright v. Mission Hills Mem'l Gardens (Mich. Ct. App. 2023). “216(1) and that cemeteries owned and operated by municipalities were exempt from the requirements of the Cemetery Regulation Act under MCL 456.530(1). Moreover, City defendants alleged that while MCL 328.”
Midwest Mem'l Grp. LLC v. Citigroup Global Markets Inc (Mich. Ct. App. 2015). “536(1), (2), (3) as amended 22 PA 2004 , and the auditing of trust funds is required, MCL 456.530(1), as amended 22 PA 2004 . The commissioner is empowered to visit and examine the affairs of any cemetery and must be given free access to books, papers, records and other…”
— Mich. Comp. Laws § 456.530(1) — 2 cases
Margaret Gathright v. Mission Hills Mem'l Gardens (Mich. Ct. App. 2023). “216(1) and that cemeteries owned and operated by municipalities were exempt from the requirements of the Cemetery Regulation Act under MCL 456.530(1). Moreover, City defendants alleged that while MCL 328.”
Midwest Mem'l Grp. LLC v. Citigroup Global Markets Inc (Mich. Ct. App. 2015). “536(1), (2), (3) as amended 22 PA 2004 , and the auditing of trust funds is required, MCL 456.530(1), as amended 22 PA 2004 . The commissioner is empowered to visit and examine the affairs of any cemetery and must be given free access to books, papers, records and other…”
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