South Carolina Certification of Trust

CERTIFICATION OF TRUST

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

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:
[__/__/____]

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

5. Settlor(s) / Grantor(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(a)(3):

9. Co-Trustee Authority:

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

☐ 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(a)(4), the Trustee(s) possess(es) the following powers:

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(a)(5):

☐ 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:

☐ 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:

[________________________________]
[________________________________]
[________________________________]

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:

[________________________________]
[________________________________]

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(a)(1);

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

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

☐ 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

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

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

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:

_________________________________________
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.

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

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

[NOTARY SEAL]

XII. STATE-SPECIFIC NOTES

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(a)(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(a)(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. Demand for Full Trust Instrument. Under Section 62-7-1013(h), a person who makes 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. The statute does not create liability for a person who simply declines to accept a certification of trust; subsection (h) addresses only bad-faith demands for the full instrument. Under Section 62-7-1013(g), a person who in good faith enters into a transaction in reliance on a certification of trust may enforce the transaction against the trust property as if the representations in the certification were correct.

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.