55-4-51.3. Form of certificate of trust in support of a real property transaction.
A certificate of a trustee or of trustees of a trust in support of a real property transaction may be substantially in the following form:
This instrument was prepared by:
____________________
____________________
____________________
(insert name, address and phone number)
CERTIFICATE
OF TRUST
STATE OF SOUTH DAKOTA)
: SS
COUNTY OF)
______________________, being duly sworn under oath, does hereby state as follows:
1. A trust instrument or Will executed on __________ established a trust which is still in existence on the date this Certificate is signed. The current name of the trust, if it has been named, is ___________________________. (Insert n/a if the Trust does not have a name). The name of the trust was/was not changed. If the name of the trust was changed, it was previously known as ___________________________.
2. The name of the settlor, grantor, trustor, testator or testatrix, as the case may be, is
______________________________________________________________________.
3. The name of each original trustee and the name and address of each trustee and each trust protector currently empowered to act under the trust instrument or Will on the date of the execution of this Certificate of Trust is as follows:
______________________________________________________________________
______________________________________________________________________.
4. The person who signs this certificate below certifies that the trust instrument or Will contains the following powers which are given to the trustee, which may or may not be inclusive of all of the powers given to the trustee:
______________________________________________________________________,
______________________________________________________________________,
and further contains the following provisions (optional):
______________________________________________________________________.
The number of trustees required to join in an action by the provisions of the trust instrument or Will is __________.
5. The trust is revocable/irrevocable. ____________________.
If revocable, the trust has not been revoked.
6. The trust is/is not supervised by a court. The following restrictions are currently imposed by the court on the trustee(s) ability to act even though actions so restricted may be permitted by statute or the terms of the trust instrument or Will:
______________________________________________________________________.
7. The Trustee intends to convey the following property owned by the Trust:
______________________________________________________________________.
8. The trust has not been modified or amended in any manner that would cause the representations contained in this Certificate of Trust to be incorrect. The statements contained in this Certificate of Trust are true and correct.
__________
STATE OF SOUTH DAKOTA)
: SS
COUNTY OF)
On this, the _____ day of __________, 20_____, before me, the undersigned officer, personally appeared, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument and acknowledged that she/he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
__________
Notary Public, South Dakota
My Commission expires: __________
Source: SL 2010, ch 232, §10; SL 2011, ch 212, §16.
Structure South Dakota Codified Laws
Title 55 - Fiduciaries and Trusts
Chapter 04 - Uniform Trusts Act
Section 55-4-1 - Definition of terms.
Section 55-4-2 - Powers attached to the office of trustee.
Section 55-4-3 - Number of trustees for exercise of powers.
Section 55-4-4 - Liability of trustee not joining in exercise of power.
Section 55-4-5 - Cotrustee--Liability for maladministration of trust.
Section 55-4-6 - Voting of corporate stock owned by trustee.
Section 55-4-7 - Creation of trust--Bank account to pay special debts.
Section 55-4-9 - Holding stock in name of nominee.
Section 55-4-10 - Loan of trust funds.
Section 55-4-11 - Corporate trustee depositing trust funds with self--Interest.
Section 55-4-13 - Trustee not to buy from or sell to self--Exception.
Section 55-4-14 - Permitted sales between trusts held by same corporate trustee.
Section 55-4-15 - Corporate trustee buying its own stock.
Section 55-4-16 - Withdrawals from mingled trust funds.
Section 55-4-20 - Action on contract against trustee--Notice to beneficiaries.
Section 55-4-21 - Action on contract against trustee--Personal liability of trustee.
Section 55-4-27 - Tort liability of trust estate--Action against trustee, notice to beneficiaries.
Section 55-4-28 - Personal liability for tort committed by trustee.
Section 55-4-30 - Power of settlor of trust.
Section 55-4-32 - Relieving trustee of duties--Power of the court.
Section 55-4-33 - Liabilities for violations of chapter.
Section 55-4-34 - Application of chapter to testamentary trust.
Section 55-4-35 - Uniformity of interpretation.
Section 55-4-36 - Citation of chapter.
Section 55-4-37 - Liability for fiduciary's partnership interest limited.
Section 55-4-38 - Limitation on trustee's power to make distributions to his or her benefit.
Section 55-4-39 - "Trustee" construed broadly.
Section 55-4-40 - Applicability of §§ 55-4-38 and 55-4-39.
Section 55-4-41 - Certain trustees exempted from §§ 55-4-38 to 55-4-40, inclusive.
Section 55-4-50 - Co-trustee's inability or failure to perform.
Section 55-4-51.1 - Recording of certificate of trust--Reliance upon content.
Section 55-4-51.2 - Applicability of §§ 55-4-51 and 55-4-51.1.
Section 55-4-51.3 - Form of certificate of trust in support of a real property transaction.
Section 55-4-52 - Request for excerpts from trust instrument.
Section 55-4-53 - Limitation of liability for acting in reliance on certificate of trust.
Section 55-4-54 - Enforcement of transaction entered into in reliance on certificate of trust.
Section 55-4-55 - Liability for bad faith demand for trust instrument.
Section 55-4-56 - Right to obtain copy of trust instrument in judicial proceeding.
Section 55-4-58 - Presentation of claims against property of trust revocable at settlor's death.