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Illinois bonds

Illinois — Cemetery Care Act Bond

Illinois's Cemetery Care Act calls for fidelity security associated with a privately operated cemetery's care funds. Start with the care-fund license, year-end assets and trustee arrangements. The Comptroller's current worksheet separates qualifying corporate-fiduciary funds from other funds before calculating the required security.

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Recorded state
Illinois
Bond type
Cemetery / Preneed Bond
Category
Real estate & property

What this bond does

Maintain the Comptroller-required fidelity security for care funds held under the Cemetery Care Act, 760 ILCS 100.

Who needs it
The cemetery authority licensed by the Illinois Comptroller to accept care funds. Registration alone and a separate preneed-sales or cemetery-oversight license do not establish the care-fund requirement.
Who it protects
The statutory security runs to the Comptroller and successor for the benefit of the care funds, whose principal is held intact under the Act. Section 18 allows qualified trustee arrangements to affect the requirement, while permitting fidelity protection against defaults by employees handling and collecting funds. Match the full accepted undertaking and any written relief to the actual authority.

Your bond option

This is the option on record for this bond.

The bond amount describes the limit of the bond obligation, not the price. A listed amount does not establish what the requesting party requires. The premium is what you pay and must be confirmed for the actual option. An E&O limit, where listed, is separate errors and omissions insurance.

Details for the care-fund worksheet and trustee status

Section 9(c) excludes the first $15,000 of care funds when computing the security and sets a $1,000 minimum where it is required. The Comptroller's current worksheet first identifies funds entrusted to qualifying corporate fiduciaries and those held elsewhere. It then applies the $15,000 exclusion and 10% calculation to the non-corporate-fiduciary column, subject to the required minimum.

Have PLACE confirm the actual worksheet, year-end net assets, required minimum and any excused additional security. An independent trustee is not automatically a qualifying corporate fiduciary. Section 18's written-permission process and possible employee-handling fidelity requirement mean that moving funds to another trustee does not by itself cancel all security.

The current annual-report instructions require increased security when the reported care funds increase, unless otherwise excused. Supply the appropriate bond, rider or accepted letter of credit with the report. If the Comptroller finds a bond insecure, exhausted or doubtful, Section 17 requires an approved additional bond within 30 days after written demand.

Match the legal cemetery authority, care-fund license number and actual cemetery location. The statute requires a care-fund license even when an independent trustee holds the funds, and provides separate licenses for cemetery locations. Confirm how the accepted undertaking applies to each location rather than assuming a business name covers them all.

A qualifying irrevocable, unconditional letter of credit is an alternative under the Act, but Purchase Now here opens the bond application. Keep the care-fund deposits and reports current. Surrendering a license does not automatically discharge earlier liability or the bond; coordinate the accepted undertaking's actual dates, continuation, release and filing with the Comptroller.

Sources

Have these ready

  1. Identify the legal authority, care-fund license and cemetery location.
  2. Prepare the year-end net assets and complete current corporate/non-corporate-fiduciary worksheet.
  3. Confirm the required sum, minimum and any written exception with PLACE.
  4. Provide the appropriate increased bond or rider with the annual report where required.
  5. Match the full accepted condition, actual dates, execution, continuation or release and Comptroller filing.

Questions about this bond

Does an independent trustee automatically remove the bond requirement?

No. Verify whether the trustee is a qualifying corporate fiduciary, complete the current worksheet and obtain the Comptroller's applicable direction. Section 18 also allows fidelity protection for employees handling or collecting funds.

Is this the same requirement as preneed cemetery sales?

No. This page concerns care funds under the Cemetery Care Act. Bring the actual Comptroller care-fund license and written security requirement rather than substituting a preneed-sales or cemetery-oversight undertaking.

What follows Purchase Now?

Propeller's Illinois Cemetery Care Act application opens in a new tab. Match the authority and location, PLACE-confirmed worksheet and sum, full accepted fidelity condition and actual dates, then complete execution and Comptroller filing. Payment does not grant a care-fund license or trustee exemption.

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