South Dakota Certificate of Trust by Individual
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or been revoked.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 a 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.
