§ 36C-10-1013. Certification of trust.

544 words·~2 min read·/nc/chapter-36c/36c-10-1013

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish to the person a certification of trust containing the following information:

(1)The existence of the trust and the date the trust instrument was executed;

(2)The identity of the settlor, unless withheld under a provision in the trust instrument;

(3)The identity and address of the currently acting trustee;

(4)The powers of the trustee;

(5)The revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust;

(6)The authority of cotrustees to sign or otherwise authenticate and whether all or less than all are required in order to exercise powers of the trustee;

(7)The trust's taxpayer identification number; and

(8)The manner of taking title to trust property.

(b)Any trustee may sign or otherwise authenticate a certification of trust.

(c)A certification of trust must state that the trust has not been revoked, modified, or amended in any manner that would cause the representations contained in the certification of trust to be incorrect.

(d)A certification of trust need not contain the dispositive terms of a trust.

(e)A recipient of a certification of trust may require the trustee to furnish copies of those excerpts from the original trust instrument and later amendments that designate the trustee and confer upon the trustee the power to act in the pending transaction.

(f)A person who acts in reliance upon a certification of trust without knowledge that the representations contained in the certification are incorrect is not liable to any person for so acting and may assume without inquiry the existence of the facts contained in the certification. Knowledge of the terms of the trust may not be inferred solely from the fact that the person relying upon the certification holds a copy of all or part of the trust instrument.

(g)A person who in good faith enters into a transaction in reliance upon a certification of trust may enforce the transaction against the trust property as if the representations contained in the certification were correct.

(h)A person making a demand for the trust instrument in addition to a certification of trust or excerpts is liable for damages if the court determines that the person did not act in good faith in demanding the trust instrument.

(i)This section does not limit the right of a person to obtain a copy of the trust instrument in a judicial proceeding concerning the trust.

(j)In transactions involving real property, a person who acts in reliance upon a certification of trust may require that the certification of trust be executed and acknowledged in a manner that will permit its registration in the office of the register of deeds in the county where the real property is located. The certification of trust need not contain the trust's taxpayer identification number if that taxpayer identification number is also the social security number of a grantor. However, the trust's taxpayer identification number shall be certified by the trustee to the person acting in reliance upon the certification of trust in a manner reasonably satisfactory to that person. (2005-192, s. 2.)