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Kentucky Revised Statutes Title XXXIII. Administration of Trusts and Estates of Persons Under Disability § 386A.2-010.Certificate of trust

Current as of January 01, 2021 | Updated by FindLaw Staff

(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.

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Cite this article: FindLaw.com - Kentucky Revised Statutes Title XXXIII. Administration of Trusts and Estates of Persons Under Disability § 386A.2-010.Certificate of trust - last updated January 01, 2021 | https://codes.findlaw.com/ky/title-xxxiii-administration-of-trusts-and-estates-of-persons-under-disability/ky-rev-st-sect-386a-2-010/

Read this complete Kentucky Revised Statutes Title XXXIII. Administration of Trusts and Estates of Persons Under Disability § 386A.2-010.Certificate of trust on Westlaw

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