A certificate of trust may be restated by integrating into a single instrument all of the provisions of the certificate of trust which are then in effect and operative as a result of there having been theretofore filed one or more certificates of amendment pursuant to § 47-14A-44, and the certificate of trust may be amended or further amended by the filing of a restated certificate of trust. The restated certificate of trust shall be specifically designated as such in its heading and shall set forth:

(1) The present name of the business trust, and if it has been changed, the name under which the business trust was originally formed;

Terms Used In South Dakota Codified Laws 47-14A-45

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Trustee: A person or institution holding and administering property in trust.

(2) The date of filing of the original certificate of trust with the secretary of state;

(3) The information required to be included pursuant to subsection (a) of this section; and

(4) Any other information the trustees determine to include therein.

A certificate of trust may be restated at any time for any purpose as the trustees may determine. A trustee who becomes aware that any statement in a restated certificate of trust was false when made or that any matter described has changed making the restated certificate false in any material respect shall promptly file a certificate of amendment or a restated certificate of trust.

Source: SL 2001, ch 245, § 45.

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