Kentucky Statutes 386A.2-010 – Certificate of trust
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(1) A statutory trust is formed when a certificate of trust that complies with subsection (2) of this section and filed by the Secretary of State is effective as determined under KRS § 14A.2-070.
(2) A certificate of trust must state:
(a) The name of the statutory trust, which must comply with KRS § 14A.3-010;
(b) The name and business address of each person who, upon formation of the trust, will be a trustee;
(c) The mailing address of the principal office of the trust;
(d) The name and street address of the trust’s initial registered office and registered agent that comply with KRS § 14A.4-010; and
(e) The name and business address of the person executing the certificate of trust as the organizer thereof.
(3) If the trust may have one (1) or more series, the certificate of trust must contain a statement to that effect as provided in KRS § 386A.4-020(2)(c).
(4) A certificate of trust may contain any term required or permitted to be set forth in the trust instrument.
(5) A filed certificate of trust, statement of cancellation, statement of change or articles of conversion or merger prevail over inconsistent terms of a trust instrument.
(6) That the certificate of trust is on file with the Secretary of State is notice:
(a) That the statutory trust formed by the certificate of trust is a statutory trust formed under the laws of the Commonwealth of Kentucky;
(b) Of all other facts set forth in the certificate which are required to be set forth by subsection (2) of this section; and
(c) Of any statement made pursuant to subsection (3) of this section.
Effective: July 12, 2012
History: Created 2012 Ky. Acts ch. 81, sec. 7, effective July 12, 2012.
(2) A certificate of trust must state:
Terms Used In Kentucky Statutes 386A.2-010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Trustee: A person or institution holding and administering property in trust.
(a) The name of the statutory trust, which must comply with KRS § 14A.3-010;
(b) The name and business address of each person who, upon formation of the trust, will be a trustee;
(c) The mailing address of the principal office of the trust;
(d) The name and street address of the trust’s initial registered office and registered agent that comply with KRS § 14A.4-010; and
(e) The name and business address of the person executing the certificate of trust as the organizer thereof.
(3) If the trust may have one (1) or more series, the certificate of trust must contain a statement to that effect as provided in KRS § 386A.4-020(2)(c).
(4) A certificate of trust may contain any term required or permitted to be set forth in the trust instrument.
(5) A filed certificate of trust, statement of cancellation, statement of change or articles of conversion or merger prevail over inconsistent terms of a trust instrument.
(6) That the certificate of trust is on file with the Secretary of State is notice:
(a) That the statutory trust formed by the certificate of trust is a statutory trust formed under the laws of the Commonwealth of Kentucky;
(b) Of all other facts set forth in the certificate which are required to be set forth by subsection (2) of this section; and
(c) Of any statement made pursuant to subsection (3) of this section.
Effective: July 12, 2012
History: Created 2012 Ky. Acts ch. 81, sec. 7, effective July 12, 2012.