Section 600.10  Definitions

 

As used in this Part, the following terms are used as hereinafter defined unless the context requires a different meaning.

 

            The term "Act" means The Cemetery Care Act (Ill. Rev. Stat. 1983, ch. 21, pars. 64.1 et seq.).

 

            The term "Care Funds" is defined as in Section 2 of said Act.

 

            The term "Comptroller" is defined as in Section 2 of said Act.

 

            The term "Investment Company" is defined as in Section 2 of said Act.

 

Section 600.20  Agreement to be Entered into by an Investment Company Under Section 2 of the Act to be in Form Prescribed by the Comptroller

 

An investment company desiring to enter into an agreement with the Comptroller as in Section 2 of the Act provided shall submit an application prepared in accordance with the form prescribed therefor by the Comptroller as in effect on the date of filing.  The form of application shall require the investment company to represent that: it is an open end diversified management investment company registered under the Investment Company Act of 1940; its securities are purchasable only with care funds or similar trust funds; its securities are registered for sale under the Securities Act of 1933 and the Illinois Securities Law of 1953; it will furnish the Comptroller certain information with respect to the holders of its securities; it will furnish the Comptroller copies of all reports sent to holders of its securities; it will furnish the Comptroller copies of all statements filed with the Securities and Exchange Commission.  The form of application shall also contain: a consent to service of process; the name and address of its trustee or custodian; the names and addresses of all of its directors and executive officers; a schedule of exhibits required to be filed with the application which schedule shall relate to the registration of the investment company under the Investment Company Act of 1940 and its shares under the Federal Securities Act of 1933 as well as to the internal management and the operation of the investment company and, such other matters as the Comptroller shall reasonably require.  Any application shall be deemed to be filed on the proper form unless objection to the form is made by the Comptroller.

 

Section 600.30  Number of Copies – Signatures

 

a)         Four copies of the completed application, including exhibits and all other papers and documents filed as a part of the application, shall be filed with the Comptroller.

 

b)         At least one copy of every application shall be manually signed by the applicant.  If the application is typewritten, the original "ribbon" copy shall be signed.  Unsigned copies shall be conformed.

 

c)         If any name is signed to the application pursuant to a power of attorney, copies of such power of attorney shall be filed with the application.  In addition, if the name of any officer signing on behalf of the applicant or attesting the applicant's seal, is signed pursuant to a power of attorney, certified copies of a resolution of the applicant's board of directors authorizing such signature shall also be filed with the application.

 

Section 600.40  Requirements as to Paper, Printing, and Language

 

a)         The application shall be filed on good quality, unglazed, white paper 8˝ by 13 inches in size, insofar as practicable.  Exhibits may be on paper of a different size if the applicant so desires.

 

b)         The application and, insofar as practicable, all papers and documents filed as a part thereof, shall be printed, lithographed, mimeographed, or typewritten.  However, the application or any portion thereof may be prepared by an similar process which, in the opinion of the Comptroller produces copies suitable for permanent record.  Irrespective of the process used, all copies of any such material shall be clear, easily readable and suitable for repeated photocopying.