West Virginia Code § 35-5A-5

Trustee of the permanent endowment care funds
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The trustee of the permanent endowment care fund shall be a federally insured trust
company or a federally insured banking institution with fiduciary powers authorized and
qualified to exercise trust powers under and subject to the provisions of article four, chapter
thirty-one-a of this code, or of the corresponding law of another state. A nonresident
federally insured trust company or nonresident federally insured banking inestitution so
authorized and qualified may become a trustee of a permanent endowment care fund
notwithstanding the provision of section seven, article eight-a, chapter rthirty-one-a of this
code. When a nonresident trust company or nonresident banking institution becomes a
trustee of a permanent endowment care fund for a perpetual care cemetery in this state,
said nonresident trust company or nonresident banking institution thereby constitutes the
Secretary of State as its true and lawful attorney-in-fact upotn whom service of notice and
process in any action or proceeding against it as trustee, and acceptance of such trust by
said nonresident trust company or nonresident banking institution shall be a manifestation
of agreement that any notice or process, which is served in the manner hereinafter provided
in this section, shall be of the same legal force and validity as though such nonresident trust
company or nonresident banking institution was personally served with notice and process
within this state. Service of such notice and process and the manner of acceptance of the
same by the Secretary of State shall be in accordance with the provisions of section fifteen,
article one, chapter thirty-one of this code.
Any nonresident trust companey or nonresident banking institution appointed as trustee of a
permanent endowment care fund shall immediately upon acceptance of the trust give bond
in accordance with the pLrovisions of section five, article five, chapter thirty-five of this code.
The trustee shall invest such permanent endowment care funds for the purpose of providing
an income to be used for the maintenance, improvement and preservation of the grounds,
lots, buildings, equipment, records, statuary, and other real and personal property of the
cemetery, and shall acquire, invest, reinvest, exchange, retain, sell and manage all property
nowW or hereafter coming into such trustee's care or control.
The trustee shall exercise the judgment and care under the circumstances then prevailing,
which men of prudence, discretion and intelligence, exercise in the management of their
own affairs, not in regard to speculation, but in regard to the permanent disposition of their
funds, considering the probable income as well as the probable safety of their capital.
Within the limitations of the foregoing standard, any such trustee is authorized to acquire
and retain without any order of any court, every kind of property, real, personal or mixed,
and every kind of investment, specifically including, but not by way of limitation, bonds,
debentures and other corporate obligations, and stocks, preferred or common, which men of
prudence, discretion and intelligence acquire or retain for their own account.
The trustee shall prepare an annual report of all of the assets and investments of the
permanent endowment care fund. One copy shall be maintained at the office of the cemetery
and shall be available for inspection at reasonable times by owners of interment rights in the
cemetery.
The trustee shall pay over to the cemetery all income derived from the permanent
endowment care fund semiannually to be expended only for the maintenance, improvement
and preservation of the grounds, lots, buildings, equipment, records, statuary and other real
and personal property of the cemetery. e

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