§ 3428. Funeral directing; registration of licenses; fees. 1. (a)\nEvery person who, within the state, practices as a funeral director,\nundertaker or embalmer and every person, partnership or corporation who\nor which owns or operates within the state a funeral firm as herein\ndefined shall biennially apply to the department for an appropriate\ncertificate of registration and report, in a statement subscribed and\naffirmed as true under the penalties of perjury, any facts requested by\nthe department.\n (b) Such report by a corporation also shall set forth the name,\nresidence address and title of each of its officers and directors and\nthe name and residence address of each stockholder and other person,\nfirm and corporation having a ten per centum or greater proprietary,\nbeneficial, equitable or credit interest therein.\n (c) Every such report also shall contain a statement as to whether the\napplicant and, if a partnership, any partner and, if a corporation, any\nof the officers, directors, stockholders or other persons, firms or\ncorporations required to be listed therein had been convicted of a crime\nin the two year period immediately preceding the date of such\napplication. Such statement shall identify such crime and the\njurisdiction involved and the disposition of the charge.\n (d) Every such report shall contain a statement as to whether the\napplicant and, if a partnership, any partner and, if a corporation, any\nof the officers, directors, stockholders or other persons, firms or\ncorporations required to be listed therein, or any funeral firm with\nwhich such applicant, partner, officer, director, stockholder, person,\nfirm or corporation has been affiliated, has been found in violation of\nthe provisions of this article or any statute, rule or regulation\nrelating to funeral directing. Such statement shall identify such\nstatute, rule or regulation and the disposition of any proceeding\nthereon.\n (e) In addition to such report, every person, partnership or\ncorporation herein required to apply for a certificate shall without\ndelay inform the department by written statement of his conviction, or\nof the conviction of any member of the partnership, or, if a\ncorporation, of the conviction of any of its officers, directors,\nstockholders or other persons, firms or corporations required to be\nreported as provided by paragraph (b) of this subdivision.\n (f) In addition to any report required pursuant to this section, every\nperson, partnership or corporation herein required to apply for a\ncertificate of registration pursuant to this article shall provide\nnotice to the department of the proposed: (i) sale or transfer of all or\nsubstantially all of the assets of a funeral firm, (ii) the sale or\ntransfer of a controlling interest of such funeral firm, or (iii) the\ntermination of the business of such funeral firm where there is no\ntransferee of assets or stock. For purposes of this section, the term\n"controlling interest" shall mean a fifty-one percent interest in a\npartnership or fifty-one percent of the issued and outstanding shares of\nstock of a corporation. In the case of subparagraphs (i) and (ii) of\nthis paragraph, such notice to the department shall identify the\ntransferee or transferees of the assets or controlling interest and\ncontain a listing of the names and addresses of the persons who\ndeposited moneys with the funeral firm pursuant to section four hundred\nfifty-three of the general business law, and the amount to be\ntransferred to the transferee or transferees. In the case of the\ntermination, cessation of operation or discontinuation of the firm where\nthere is no transferee, such notice shall contain a listing of the names\nand addresses of the persons who deposited funds with the funeral firm,\nthe amount held in trust by such funeral firm and the proposed\ndisposition of the moneys so held by such funeral firm. All such notices\nshall be provided to the department not less than t
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