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#2173561 - 04/14/18 06:28 PM UBO and Cemetery Trusts
McFly Offline
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Joined: Nov 2016
Posts: 75
Is a Cemetery Trust exempt from Bene Owner Rule?
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#2173563 - 04/15/18 12:15 PM Re: UBO and Cemetery Trusts McFly
rlcarey Offline
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Joined: Jul 2001
Posts: 83,371
Galveston, TX
A Cemetery Trust is not a defined term and may vary from State to State. You are going to have to be more specific. Are you talking about a perpetual care trust for an entire cemetery or a pre-need funeral plan for an individual? Is the Trust required to and registered with the State?
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#2173596 - 04/16/18 02:02 PM Re: UBO and Cemetery Trusts McFly
BrianC Offline
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BrianC
Joined: Nov 2004
Posts: 6,722
Illinois
The type of account is not relevant. The question that needs to be asked is, "Did a legal entity, who is your customer, open a new account?"

If a trust that is not registered with the state is your customer, then beneficial ownership does not apply.
If a legal entity opens an account on behalf of its clients for prepaid funerals, prepaid cemetery plots, etc. then the legal entity is your customer and you must collect beneficial ownership information on the legal entity.

A beneficial owner does not always "own" the money in the account. Read the section in the preamble on "intermediary accounts." It discusses lawyers trust funds and the fact that we do not identify the lawyer's clients' as owners even though the money in the trust fund belongs to them, we identify the beneficial owners of the legal entity law firm that opened the account.
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