Business trusts are sometimes creatures of state law. For example, Real Estate Investment Trusts are subject to specific legislation in most states. In other circumstances, the trusts are subject to the normal limitations on an unincorporated association, such as requirement of conveyance to and by trustees.
Copy of Trust
The Company must be furnished with a copy of the Agreement, Indenture or Declaration of Trust of ____________________________, together with copies of any amendments, modifications, or revocations. In the event there have been no amendments, modifications, or revocations, the Company will require satisfactory evidence to that effect. At the time the Company is furnished these items, the Company may make additional requirements or exceptions.
Comment: You generally must review a copy of the trust agreement in order to verify authority of the trustee to sell. In some states, this requirement is not necessary if the trust and beneficiaries are undisclosed.
Liens Against Trustee
The Company must be furnished with satisfactory evidence that ______, Trustee, holds no beneficial interest in the Trust. At that time, the Company may make additional requirements or exceptions.
Comment: If a judgment or tax lien applies to the trustee solely in his or her individual capacity, you may waive that lien if you confirm that the trustee never had and does not have any present or contingent beneficial interest. The liens must be shown until you confirm those facts.
Note: You may add additional local requirements here. Please consult with our underwriting personnel in preparing appropriate provisions.
Trustee of Named Trust - Vesting of Title
__________, as Trustee of the _____________ Trust.
Comment: You may use this vesting language if the title is vested in a trustee of a declared trust (e.g., by deed). You must review the trust in order to verify the authority of the Trustee to transfer.
Trustee of Declaration of Trust - Vesting of Ti
__________, as Trustee(s) under Declaration of Trust dated _______________.
Comment: You may use this vesting language if the title is vested in a trustee of a declaration of trust. You must review the trust in order to verify the authority of the Trustee to transfer.
Trustee of Testamentary Trust - Vesting of Titl
__________, as Trustee under the Will of _______________, deceased.
Comment: You may use this vesting language if title is vested in a trustee under a testamentary trust. If the name of the trustee is stated, include it in the vesting language. You must review the will in order to verify the authority of the Trustee to transfer.