§ 59-18-13 — (1013) Certification of trust

North Dakota § 59-18-13

• Jurisdiction: North Dakota
• Title 59: Trusts, Uses, and Powers
• Ch. 59-18: Trustee Liability and Dealings

Text

1. Unless otherwise required by chapter 59-09, 59-10, 59-11, 59-12, 59-13, 59-14, 59-15,
59-16, 59-17, 59-18, or 59-19, the trustee may furnish to the person a certification of
trust containing information that includes that the trust exists and the effective date of
the trust instrument, the name of the trust, if a name is given, the identity of each
settlor, the identity and address of the currently acting trustee, the applicable powers of
the trustee, which may make reference to the powers set forth in chapters 59-09,
59-10, 59-11, 59-12, 59-13, 59-14, 59-15, 59-16, 59-17, 59-18, and 59-19, the
revocability or irrevocability of the trust and the identity of any person holding a power
to revoke the trust, and the authority of cotrustees to sign or otherwise authenticate
and whether all or less than all are required in order to exercise powers of the trustee.
2. A certification of trust may be signed or otherwise authenticated by any trustee.

3. A certification of trust must state that the trust has not been revoked, modified, or
amended in any manner that would cause the representations contained in the
certification of trust to be incorrect.
4. A certification of trust need not contain the dispositive terms of a trust.
5. A recipient of a certification of trust may require the trustee to furnish copies of those
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.
6. A person who acts in reliance upon a certification of trust without knowledge that the
representations contained therein are incorrect is not liable to any person for so acting
and may assume without inquiry the existence of the facts contained in the
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
the certification.
7. A person who in good faith enters into a transaction in reliance upon a certification of
trust may enforce the transaction against the trust property as if the representations
contained in the certification were correct.
8. A person making 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.
9. This section does not limit the right of a person to obtain a copy of the trust instrument
in a judicial proceeding concerning the trust.