Tennessee § 46-1-205 - Payment of dividends — Restrictions — Recovery.

§ 46-1-205. Payment of dividends — Restrictions — Recovery.

No dividend, salary or compensation of any description shall be paid to any stockholder of any cemetery company or any cemetery operator until the company has first set up the improvement care trust fund in the manner and amount provided in § 46-1-204 , and no dividend, salary or compensation shall be paid to any stockholder of any cemetery company or any cemetery operator while any improvement care trust fund is deficient because of not having received the payments required by § 46-1-204 ; provided, that a receiver, as provided for in this chapter, may pay the salaries and compensation that the receiver deems necessary to restore the cemetery to a sound financial condition. Any dividend, salary or commission paid in violation of this section shall be recoverable at the suit of the commissioner, any lot owner, or descendant or next of kin of a lot owner, in the circuit or chancery court, and all stockholders of the cemetery company and cemetery operators receiving the unlawful dividends, salaries or compensation may be joined in the same suit. The proceeds of the suit or claim shall be added to the improvement care trust fund to assist in making the fund current. Acts 1927, ch. 75, § 6; mod. Code 1932, § 3928; Acts 1968, ch. 557, §§ 2, 4; T.C.A. (orig. ed.), § 46-111; Acts 1976, ch. 773, § 8; T.C.A., §§ 46-211, 46-2-111 ; T.C.A., § 46-2-305 ; Acts 2006, ch. 1012, § 3. Compiler's Notes. Acts 1927, ch. 75 was declared unconstitutional in Spring Hill Cem. v. Lindsey, 162 Tenn. 420, 37 S.W.2d 111 (1931). Former § 46-2-305 was transferred to this section by Acts 2006, ch. 1012, § 3, effective January 1, 2007.