South Carolina Certification of Trust

CERTIFICATION OF TRUST

Pursuant to S.C. Code Ann. Section 62-7-1013

// GUIDANCE: Under Section 62-7-1013, a trustee may furnish this certification INSTEAD of providing a copy of the trust instrument to a person other than a beneficiary. The statute provides a specific statutory form, but also permits "any other form" satisfying the requirements. This template uses a comprehensive format that exceeds the statutory minimum.

STATE OF SOUTH CAROLINA

COUNTY OF [________________________________]

I. TRUST IDENTIFICATION

The undersigned Trustee(s), pursuant to S.C. Code Ann. Section 62-7-1013, hereby certify the following:

1. Existence of Trust:
A trust exists under the name set forth below, and said trust was validly created in accordance with S.C. Code Ann. Section 62-7-402.

2. Trust Name:
[________________________________]

3. Date of Original Trust Instrument Execution:
[__/__/____]

// GUIDANCE: Section 62-7-1013(b)(1) requires the certification to state that the trust exists and the date the trust instrument was executed.

4. Date(s) of Any Amendment(s) or Restatement(s):
[________________________________]

5. Settlor(s) / Grantor(s):

// GUIDANCE: Section 62-7-1013(b)(2) requires the identity of the settlor(s).

6. Trust Tax Identification Number (EIN):
[________________________________]

7. Trust Situs / Governing Law:
The trust is governed by the laws of the State of South Carolina, including the South Carolina Trust Code (S.C. Code Ann. Title 62, Article 7).

II. TRUSTEE IDENTIFICATION AND AUTHORITY

8. Currently Acting Trustee(s):

Pursuant to S.C. Code Ann. Section 62-7-1013(b)(3):

// GUIDANCE: Section 62-7-1013(b)(3) requires the identity and address of each currently serving trustee.

9. Co-Trustee Authority:

Pursuant to S.C. Code Ann. Section 62-7-1013(b)(6):

// GUIDANCE: Section 62-7-1013(b)(6) requires disclosure of the authority of cotrustees to sign or otherwise authenticate and whether all or less than all are required to exercise powers.

☐ Sole Trustee. The trust has a single Trustee with full authority to act.

☐ Co-Trustees: All Required. All currently acting Trustees are required to sign or otherwise authenticate, and all must act jointly to exercise the powers of the Trustee.

☐ Co-Trustees: Majority Required. A majority of the currently acting Trustees may exercise the powers of the Trustee.

☐ Co-Trustees: Any One May Act. Any one Trustee may exercise the powers of the Trustee independently.

☐ Co-Trustees: Specific Allocation. The co-trustee authority is allocated as follows:
[________________________________]

III. POWERS OF THE TRUSTEE

10. Trustee Powers:

Pursuant to S.C. Code Ann. Section 62-7-1013(b)(4), the Trustee(s) possess(es) the following powers:

// GUIDANCE: Section 62-7-1013(b)(4) permits the certification to reference the powers set forth in the South Carolina Trust Code (Section 62-7-816). This reference is sufficient to establish trustee authority. Customize the list below to reflect the actual powers granted.

The powers of the Trustee(s) include, but are not limited to, those set forth in S.C. Code Ann. Section 62-7-816, as well as those granted by the trust instrument, including:

(a) To collect, hold, manage, and administer trust property;

(b) To acquire or dispose of real or personal property by purchase, sale, exchange, or other transaction, including the power to execute deeds, contracts, and other instruments necessary therefor;

(c) To lease trust property for terms within or extending beyond the term of the trust;

(d) To borrow money, with or without security, and to encumber trust property by mortgage, deed to secure debt, or other instrument;

(e) To deposit trust funds in financial institutions;

(f) To invest and reinvest trust property in accordance with the South Carolina Uniform Prudent Investor Act (S.C. Code Ann. Sections 62-7-932 through 62-7-938);

(g) To continue or participate in the operation of any business;

(h) To compromise, contest, arbitrate, or settle claims;

(i) To insure trust property and to obtain liability insurance for the Trustee;

(j) To employ attorneys, accountants, investment advisors, and other professionals;

(k) To distribute trust income and principal in accordance with the trust terms;

(l) To make tax elections and file returns on behalf of the trust;

(m) To exercise all rights with respect to securities, including voting and proxy rights; and

(n) To execute and deliver all instruments necessary or appropriate to carry out the powers and duties of the Trustee.

11. Restrictions on Trustee Powers:

☐ There are no restrictions on the Trustee's powers material to the pending transaction.

☐ The following restrictions apply:
[________________________________]

IV. REVOCABILITY STATUS

12. Revocability of the Trust:

Pursuant to S.C. Code Ann. Section 62-7-1013(b)(5):

// GUIDANCE: Section 62-7-1013(b)(5) requires disclosure of the revocability or irrevocability of the trust AND the identity of any person holding a power to revoke. Under Section 62-7-602, unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust.

☐ Revocable. The trust is revocable. The following person(s) hold(s) the power to revoke the trust:

☐ Irrevocable. The trust is irrevocable and may not be revoked by any person.

☐ Became Irrevocable. The trust became irrevocable upon the occurrence of:
[________________________________]

V. TRUST PROPERTY PROVISIONS

13. Manner of Taking Title:

// GUIDANCE: South Carolina typically takes title in the name of the trustee(s). Confirm the trust instrument's provisions.

☐ In the name of the Trustee(s), as Trustee(s) of the [________________________________] Trust, dated [__/__/____].

☐ In the name of the Trust: [________________________________]

☐ Other: [________________________________]

14. Description of Property Subject to This Certification:

// GUIDANCE: For South Carolina real property, include the full legal description, county, and TMS (Tax Map System) number if available. South Carolina uses a deed recording system.

[________________________________]
[________________________________]
[________________________________]

TMS Number (if applicable): [________________________________]

VI. SUCCESSOR TRUSTEE PROVISIONS

15. Successor Trustee(s):

The trust instrument designates the following successor Trustee(s):

16. Method of Trustee Succession:

// GUIDANCE: Under S.C. Code Ann. Section 62-7-704, if a trust has no remaining trustee, the court must appoint one. Describe the trust's own succession mechanism.

[________________________________]
[________________________________]

VII. STATUTORY REPRESENTATIONS AND DISCLOSURES

17. Representations Pursuant to S.C. Code Ann. Section 62-7-1013:

The undersigned Trustee(s) hereby represent and certify that:

(a) The trust identified herein exists and the date of execution is as stated above, pursuant to Section 62-7-1013(b)(1);

(b) The identity of the settlor(s) is as stated above, pursuant to Section 62-7-1013(b)(2);

(c) The identity and address of each currently serving trustee is as stated above, pursuant to Section 62-7-1013(b)(3);

(d) The powers of the trustee, which may include reference to the powers in the South Carolina Trust Code, are as stated herein, pursuant to Section 62-7-1013(b)(4);

(e) The revocability or irrevocability of the trust and the identity of any person holding a power to revoke are as stated herein, pursuant to Section 62-7-1013(b)(5);

(f) The authority of cotrustees to sign or otherwise authenticate, and whether all or fewer than all are required, is as stated herein, pursuant to Section 62-7-1013(b)(6);

(g) The trust has not been revoked, modified, or amended in any manner that would cause the representations contained in this Certification to be incorrect, as required by Section 62-7-1013(c);

(h) This Certification does not contain the dispositive terms of the trust; and

(i) The undersigned are all of the currently acting Trustees.

18. Third-Party Reliance:

Pursuant to S.C. Code Ann. Section 62-7-1013(f), a person who acts in reliance upon this Certification of Trust without knowledge that the representations contained herein are incorrect is not liable to any person for so acting and may assume without inquiry the existence of the facts contained in this Certification.

Knowledge of the terms of the trust may not be inferred solely from the fact that a copy of all or part of the trust instrument is held by the person relying upon this Certification.

19. Excerpts from Trust Instrument:

// GUIDANCE: Under Section 62-7-1013(e), a recipient may require the trustee to furnish copies of excerpts from the original trust instrument and later amendments which designate the trustee and confer upon the trustee the power to act in the pending transaction.

☐ Excerpts from the trust instrument are attached hereto as Exhibit A.

☐ No excerpts are attached. The recipient has not requested excerpts pursuant to Section 62-7-1013(e).

VIII. SOUTH CAROLINA DEED RECORDING TAX DISCLOSURE

// GUIDANCE: South Carolina imposes a deed recording fee (S.C. Code Ann. Section 12-24-10 et seq.). Transfers of real property into or from a trust may be subject to this tax. Certain exemptions may apply (e.g., transfers between a settlor and a revocable trust during the settlor's lifetime).

20. Deed Recording Tax:

☐ This Certification is being used in connection with a real property transaction. The applicable deed recording fee provisions under S.C. Code Ann. Section 12-24-10 et seq. have been considered.

☐ This Certification is not being used in connection with a real property transaction.

☐ An exemption from the deed recording fee is claimed under:
[________________________________]

IX. TENANCY BY THE ENTIRETY DISCLOSURE

// GUIDANCE: South Carolina recognizes tenancy by the entirety for real property owned by married couples. When trust property was previously held as tenancy by the entirety, transferring it into a trust may sever the tenancy. Counsel should advise clients on the implications.

21. Tenancy by the Entirety:

☐ The property subject to this Certification was not held as tenancy by the entirety prior to transfer to the trust.

☐ The property was held as tenancy by the entirety. Appropriate consideration has been given to the effect of the trust transfer on tenancy by the entirety protections.

☐ Not applicable.

X. EXECUTION AND ACKNOWLEDGMENT

// GUIDANCE: Section 62-7-1013(a) provides that the trustee may furnish the certification. For real property recording purposes in South Carolina, acknowledgment (notarization) is required under S.C. Code Ann. Section 30-5-30. Two witnesses are also required for instruments to be recorded in South Carolina.

IN WITNESS WHEREOF, the undersigned Trustee(s) have executed this Certification of Trust on this [____] day of [________________], [________].

Trustee Signature:

_________________________________________
[________________________________]
Trustee of the [________________________________] Trust
Dated [__/__/____]

Date: [__/__/____]

Trustee Signature (if applicable):

_________________________________________
[________________________________]
Trustee of the [________________________________] Trust
Dated [__/__/____]

Date: [__/__/____]

Witness Signatures:

// GUIDANCE: South Carolina requires two witnesses for instruments to be recorded. See S.C. Code Ann. Section 30-5-30.

_________________________________________
Witness #1
Print Name: [________________________________]

_________________________________________
Witness #2
Print Name: [________________________________]

XI. NOTARIZATION

STATE OF SOUTH CAROLINA

COUNTY OF [________________________________]

Before me, the undersigned Notary Public, personally appeared:

[________________________________]

and made oath that he/she/they saw the within named [________________________________], as Trustee(s), sign, seal, and as his/her/their act and deed, deliver the within Certification of Trust, and that he/she/they, with [________________________________], witnessed the execution thereof.

// GUIDANCE: South Carolina uses a distinctive notarial format for probate of deeds and instruments. The traditional South Carolina probate involves an affidavit by a subscribing witness. Ensure compliance with S.C. Code Ann. Section 30-5-30 for recording.

SWORN to before me this [____] day of [________________], [________].

_________________________________________
Notary Public for South Carolina
My Commission Expires: [__/__/____]

[NOTARY SEAL]

XII. STATE-SPECIFIC NOTES

// GUIDANCE: The following notes address South Carolina-specific considerations.

A. South Carolina Trust Code. South Carolina adopted the South Carolina Trust Code (based on the Uniform Trust Code) effective January 1, 2006, codified at S.C. Code Ann. Title 62, Article 7. The certification of trust provisions are at Section 62-7-1013.

B. Statutory Form. Section 62-7-1013 provides that the certification may be "either in the form set forth below or in any other form that satisfies the above requirements." This template uses a comprehensive format exceeding the statutory minimum.

C. Reference to Trust Code Powers. Section 62-7-1013(b)(4) expressly permits the certification to "make a reference to the powers set forth in the South Carolina Trust Code" (Section 62-7-816). This reference alone is sufficient to establish trustee authority without listing each power individually.

D. Deed Recording Requirements. South Carolina requires two witnesses and notarization (probate) for instruments to be recorded. See S.C. Code Ann. Section 30-5-30. Ensure these execution requirements are satisfied when the certification will be recorded.

E. Deed Recording Fee. South Carolina imposes a deed recording fee under S.C. Code Ann. Section 12-24-10 et seq. The fee is generally $1.85 per $500 (or fraction thereof) of the value conveyed. Certain transfers involving trusts may qualify for exemptions.

F. Tenancy by the Entirety. South Carolina recognizes tenancy by the entirety for married couples. Transfer of entireties property into a trust may sever the tenancy. Practitioners should carefully advise married clients regarding this consequence.

G. Settlor Identity Required. Section 62-7-1013(b)(2) requires disclosure of the identity of the settlor(s). This is a mandatory element.

H. Probate Court Jurisdiction. South Carolina probate courts have jurisdiction over trust matters under S.C. Code Ann. Section 62-7-201. However, the circuit court may also exercise concurrent jurisdiction.

I. No State Income Tax on Trusts Sited Elsewhere. South Carolina generally taxes trust income based on the residency of the beneficiary or the situs of the trust. Practitioners should review S.C. Code Ann. Section 12-6-30 et seq. for income tax implications.

J. Refusal to Accept Certification. Under Section 62-7-1013, a person who in good faith refuses to accept a certification is generally not liable. However, unreasonable demands for the full trust instrument when a proper certification has been provided may subject the demanding party to liability.

This Certification of Trust is made under the laws of the State of South Carolina and is intended to comply with all requirements of S.C. Code Ann. Section 62-7-1013. This document does not contain the dispositive terms of the trust.