NSWIn ForceAct
Funeral Funds Act 1979
37Registration of pre-arranged funeral funds
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#### 37 Registration of pre-arranged funeral funds
37 Registration of pre-arranged funeral funds
> > (1) On receipt of an application for registration from a company or any group of individuals under section 35, the Secretary may, subject to subsection (2), register or refuse to register the company or group of individuals to act as trustee or trustees of trust funds under pre-paid contracts.
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> > (2) The Secretary shall refuse to register a company or any group of individuals to act as trustee or trustees of trust funds under pre-paid contracts if the Secretary is satisfied that—
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> > > (a) the application for registration was not made in accordance with section 35,
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> > > (b) the company or group of individuals is not entitled to be so registered under section 36,
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> > > (ba) the company or group of individuals will not be able to carry on pre-paid funeral benefit business successfully,
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> > > (c) in the case of a company, the company is not fit to be so registered having regard to—
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> > > > (i) the character and reputation of the directors and other officers of the company, or
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> > > > (ii) any matter prescribed for the purposes of this subparagraph, or
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> > > (d) in the case of any group of individuals, the group of individuals is not fit to be so registered having regard to—
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> > > > (i) the character and reputation of each of those individuals, or
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> > > > (ii) any matter prescribed for the purposes of this subparagraph.
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> **s 37:** Am 2003 No 61, Sch 1 \[29\]; 2004 No 91, Sch 1.17 \[6\] \[7\].