30 Miss. Code. R. 2401-4.11 - Change in Name, Ownership or Location

(1) Whenever the ownership, location, or name of the Mississippi licensed establishment is changed, a new license shall be obtained. Upon change of ownership or change of address or change of name, a new establishment license application must be submitted to the Board within thirty (30) calendar days of said change. The appropriate fees and disclosures (including percentages of ownership) must accompany the application.

(2) In the case of a change in ownership or change in name, the Board Executive Director may issue a special work permit allowing an existing establishment to continue to conduct the business of that establishment for a period of ninety (90) calendar days or until the next regularly scheduled Board. The permit must be applied for at least fourteen (14) calendar days prior to the change.

(3) For the purpose of these rules, a change of ownership shall occur whenever the parties originally owning or holding more than a 50% stake in an entity owning the establishment are transferring ownership in the funeral establishment or entity owning the funeral establishment such that he/she/they/it no longer hold(s) more than a 50% controlling interest in the establishment or entity.

Controlling interest means i) an interest in a partnership of greater than fifty percent (50%); or greater than fifty percent (50%) of the issued and outstanding shares of a stock of a corporation. If the establishment or crematory is operated by a business entity, any transfer of the ownership of fifty percent (50%) or more of the entity constitutes a change of ownership.

(4) If a change of ownership is caused by the elimination of one (1) or more owners, for whatever reason (death, sale of interest, divorce, etc.) without the addition of any new owner(s), it is not necessary to obtain a new establishment license. However, a new application for an establishment license form shall be filed as an amended application within fourteen (14) calendar days after the change of ownership.

(5) If a corporation, individual or party begins ownership of a licensed funeral establishment or ceases ownership of a licensed funeral establishment, a new establishment license shall be obtained regardless of the relationship of the previous or subsequent owner to the corporation, individual or party.

Notes

30 Miss. Code. R. 2401-4.11

Miss. Code Ann. §§ 73-11-49(7), 73-11-56 and 73-11-69 (Rev. 2012).

Amended 4/2/2015