Certificate of Trust — South Carolina UTC Adopted
State-specific requirements for a Certificate of Trust in South Carolina.Create yours now →
Statutory Citation
South Carolina Code Title 62, Article 7 (South Carolina Trust Code), adopted 2005; SC Code § 62-7-1013 (certification of trust); SC Code § 33-53-10 (business trusts)
Certification Requirements
Under SC Code § 62-7-1013, a certification of trust must contain: (1) that the trust exists and the date the trust instrument was executed; (2) the identity of the settlor; (3) the identity and address of the currently acting trustee; (4) the powers of the trustee (may reference SCTC powers); (5) the revocability or irrevocability of the trust and the identity of any person holding a power to revoke; (6) the authority of cotrustees to sign or otherwise authenticate and whether all or less than all are required; (7) the manner of taking title to trust property. Must state that the trust has not been revoked, modified, or amended in any manner that would cause the representations to be incorrect. Need not contain the dispositive terms of a trust. A statutory form is provided in § 62-7-1013(k). For real property transactions, the certificate must be executed and acknowledged in a manner permitting recordation. A recipient may require excerpts designating the trustee and conferring power to act.
Execution Requirements
The South Carolina Trust Code does not require witnesses for trust execution. The trust instrument must be signed by the settlor. For real property transactions involving a certificate of trust, the certificate must be executed and acknowledged before a notary public or other official authorized to administer oaths, in a manner permitting recordation in the Office of the Register of Deeds or Clerk of Court. Trust instruments affecting real property may be recorded, but general trust instruments are not required to be recorded.
Business Trust Treatment
South Carolina recognizes business trusts under SC Code § 33-53-10, which requires every business trust created at common law in the State or doing business in the State under an express trust instrument to record the instrument creating the trust with the Register of Deeds. Business trusts are treated as common law trusts with recording requirements and are subject to the South Carolina Trust Code provisions where applicable.
Favorable Trust Laws
South Carolina does not have a Domestic Asset Protection Trust (DAPT) statute. The rule against perpetuities applies, limiting trust duration to lives in being plus 21 years, except for cemetery care trusts (SC Code § 62-7-406). South Carolina imposes state income tax on trust income but has no separate state estate tax beyond the federal system. Spendthrift provisions are recognized under the Trust Code. The state provides a statutory certificate of trust form.
Unique Factors
South Carolina is notable for providing a detailed statutory form for certificates of trust in § 62-7-1013(k), which is uncommon among UTC states. The state does not have a DAPT statute, making it less favorable for asset protection compared to leading trust jurisdictions. The Trust Code was adopted in 2005 and is closely modeled on the Uniform Trust Code.