South Dakota Trust Certificates Law

Trusts – Trust Certificates – South Dakota

Title 55  FIDUCIARIES AND TRUSTS Chapter 4 Uniform Trusts Act

Certificate of trust — Purpose — Requirements.

The grantor or a trustee of a trust, at any time after execution or creation of a trust, may execute a certificate of trust that sets forth less than all of the provisions of a trust instrument and any amendments to the instrument. The certificate of trust may be used for purposes of selling, conveying, pledging, mortgaging, leasing, or transferring title to any interest in real or personal property. The certificate of trust shall include:

(1) The name of the trust, if one is given;
(2) The date of the trust instrument;
(3) The name of each grantor;
(4) The name of each original trustee;
(5) The name and address of each trustee empowered to act under the trust instrument at the time of execution of the certificate;
(6) The following statement: “The trustees are authorized by the instrument to sell, convey, pledge, mortgage, lease, or transfer title to any interest in real or personal property, except as limited by the following: (if none, so indicate)”;
(7) The other trust provisions the grantors or trustees include; and
(8) A statement as to whether the trust instrument has terminated or been revoked.

The certificate of trust shall be upon the representation of the grantors or trustees that the statements contained in the certificate of trust are true and correct and that there are no other provisions in the trust instrument or amendments to it that limit the powers of the trustees to sell, convey, pledge, mortgage, lease, or transfer title to interests in real or personal property. The signature of the grantors or trustees shall be under oath before a notary public or other official authorized to administer oaths. Title 55, Chap. 4, §55-4-42.

Certificate of trust — Recording or presenting — Documents full trust instrument — Prima facie proof of matters contained therein.

A certificate of trust executed under §55-4-42 may be recorded in the Office of the Register of Deeds with respect to land described in the certificate of trust or any attachment to it. If it is recorded or filed in an county where real property is situated, or in the case of personal property, if it is presented to a third party, the certificate of trust serves to document the existence of the trust, the identity of the trustees, the powers of the trustees and any limitations on those powers, and other matters the certificate of trust sets out, as though the full trust instrument had been recorded, filed, or presented. Until amended or revoked under §55-4-44, or until the full trust instrument is recorded, filed, or presented, a certificate of trust is prima facie proof as to the matters contained in it and any party may rely upon the continued effectiveness of the certificate. Title 55, Chap. 4, §55-4-43.


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