Formation -- Certificate of Trust and other Filings

KRS tit. XXXIII, ch. 386A, subch. 2

in effect

KRS 386A.2-010 Certificate of trust

386A.2-010. Certificate of trust (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. Effective: July 12, 2012 History: Created 2012 Ky. Acts ch. 81, sec. 7, effective July 12, 2012.

KRS 386A.2-020 Amendment or restatement of certificate of trust

386A.2-020. Amendment or restatement of certificate of trust (1) A statutory trust shall amend its certificate of trust to add or change a provision that is required by this chapter to be included in the certificate of trust. A statutory trust may amend its certificate of trust to add, change, or delete a provision that is permitted to be or that is not required to be in the certificate of trust. The certificate of trust shall be amended if there is a change in any matter required to be set forth in the certificate of trust under KRS 386A.2-010(2) or (3). (2) To amend its certificate of trust, a statutory trust must deliver to the Secretary of State for filing an amendment, articles of conversion, or articles of merger stating: (a) The name of the trust; (b) The date of filing of its initial certificate; and (c) The changes to the certificate. (3) A trustee that knows that any information in a filed certificate of trust was incorrect when the certificate was filed shall promptly: (a) Cause the certificate to be amended; or (b) Deliver to the Secretary of State for filing a statement of correction as provided for in KRS 14A.2-090. (4) A statutory trust shall promptly deliver to the Secretary of State for filing an amendment to the certificate of trust to reflect any admission, appointment, resignation, or other change in the trustees thereof. (5) A statutory trust, to change its principal office, shall comply with KRS 14A.5-010, thereby amending the certificate of trust. (6) A statutory trust, to change its registered agent, its registered office, or both, shall comply with KRS 14A.4-020, thereby amending the certificate of trust. (7) A statutory trust may restate its certificate of trust by delivering to the Secretary of State for filing a restated certificate of trust setting forth the name of statutory trust and the text of the restated certificate. A restated certificate of trust shall supersede the preceding certificate of trust and all amendments thereto. The Secretary of State may certify a restated certificate of trust, with any amendments thereto, as the certificate of trust currently in effect. Effective: July 12, 2012 History: Created 2012 Ky. Acts ch. 81, sec. 8, effective July 12, 2012.

KRS 386A.2-030 Signing of records

386A.2-030. Signing of records (1) A record delivered by a statutory trust to the Secretary of State for filing shall be executed as provided in KRS 14A.2-020. (2) It shall not be necessary that the person who as organizer executes the initial certificate of trust be a trustee. Effective: July 12, 2012 History: Created 2012 Ky. Acts ch. 81, sec. 9, effective July 12, 2012.

KRS 386A.2-040 Delivery to and filing of records by Secretary of State -- Effective time and date

386A.2-040. Delivery to and filing of records by Secretary of State -- Effective time and date (1) A record authorized or required to be delivered to the Secretary of State for filing under KRS 386A.1-010 to 386A.10-040 shall satisfy the requirements of this chapter and KRS Chapter 14A. (2) A record delivered to the Secretary of State for filing under this chapter is effective as provided in KRS 14A.2-070. Effective: July 12, 2012 History: Created 2012 Ky. Acts ch. 81, sec. 10, effective July 12, 2012. Legislative Research Commission Note (7/12/2012). A reference in 2012 Ky. Acts ch. 81, sec. 10, which created this statute, to "this Act" in subsection (1) has been codified as "KRS 386A.1-010 to 386A.10-040" by the Reviser of Statutes to conform with the designation of Sections 1 to 76 of that Acts chapter as the "Kentucky Uniform Statutory Trust Act (2012)."

KRS 386A.2-050 Correcting filed record

386A.2-050. Correcting filed record A record filed by the Secretary of State may be corrected as provided in KRS 14A.2-090. Effective: July 12, 2012 History: Created 2012 Ky. Acts ch. 81, sec. 11, effective July 12, 2012.

KRS 386A.2-060 Certificate of good standing

386A.2-060. Certificate of good standing The Secretary of State may, with respect to a statutory trust, issue a certificate of existence as provided in KRS 14A.2-130. Effective: July 12, 2012 History: Created 2012 Ky. Acts ch. 81, sec. 12, effective July 12, 2012.

KRS 386A.2-070 Name of statutory trust

386A.2-070. Name of statutory trust The name of a statutory trust must satisfy the requirements of KRS 14A.3-010. Effective: July 12, 2012 History: Created 2012 Ky. Acts ch. 81, sec. 13, effective July 12, 2012.

KRS 386A.2-080 Registered office and agent

386A.2-080. Registered office and agent A statutory trust shall designate and maintain in this Commonwealth a registered agent and registered office in compliance with KRS 14A.4-010. Effective: July 12, 2012 History: Created 2012 Ky. Acts ch. 81, sec. 14, effective July 12, 2012.

KRS 386A.2-090 Annual report for Secretary of State

386A.2-090. Annual report for Secretary of State A statutory trust shall file an annual report in compliance with KRS 14A.6-010. Effective: July 12, 2012 History: Created 2012 Ky. Acts ch. 81, sec. 15, effective July 12, 2012.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=41155Fetched: 10/20/2026