There is a newer version of the South Dakota Codified Laws
2006 South Dakota Code - 55-4-42 — Certificate of trust--Purpose--Requirements.
55-4-42. 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) A statement substantially as follows:
The trustee(s):
(a) Are empowered by the provisions of the
trust to sell, convey, pledge, mortgage, lease, or transfer title
to any interest in personal property or real property held in
trust; and
(b) Are the requisite number of trustees
required by the provisions of the trust to execute and deliver such
an instrument;
(7) The other trust provisions the
grantors or trustees include;
(8) A statement as to whether the trust
instrument has terminated or been revoked; and
(9) The trust is not supervised by a
court. -or- The trust is supervised, and all necessary approval has
been obtained to allow the trustee(s) to act under the
instrument.
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.
Source: SL 2000, ch 229, § 8; SL 2002, ch 100, § 17.
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