Kentucky Statutes 386A.2-020 – Amendment or restatement of certificate of trust
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(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.
(2) To amend its certificate of trust, a statutory trust must deliver to the Secretary of
Terms Used In Kentucky Statutes 386A.2-020
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Trustee: A person or institution holding and administering property in trust.
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.