HB3169 Engrossed LRB099 10970 HEP 31325 b
1		AN ACT concerning civil law.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Trusts and Trustees Act is amended by adding
5		Section 8.5 as follows:
6		(760 ILCS 5/8.5 new)
7		Sec. 8.5. Certification of trust.
8		(a) Instead of furnishing a copy of the trust instrument to
9		a person other than the beneficiary, the trustee may furnish to
10		the person a certification of trust containing the following
11		information:
12		(1) a statement that the trust exists and the date the
13		trust instrument was executed;
14		(2) the identity of the settlor;
15		(3) the identity and address of the currently acting
16		trustee;
17		(4) the powers of the trustee;
18		(5) the revocability or irrevocability of the trust,
19		whether the trust is amendable or unamendable, and the
20		identity of any person holding a power to revoke or amend
21		the trust;
22		(6) the authority of co-trustees to sign or otherwise
23		authenticate and whether all or less than all are required

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1		in order to exercise powers of the trustee;
2		(7) the trust's taxpayer identification number; and
3		(8) the manner of taking title to trust property.
4		(b) A certification of trust must be signed or otherwise
5		authenticated by one or more of the trustees. A third party may
6		require that the certification of trust be acknowledged.
7		(c) A certification of trust must state that the trust has
8		not been revoked, modified, or amended in any manner that would
9		cause the representations contained in the certification of
10		trust to be incorrect.
11		(d) A certification of trust need not contain the
12		dispositive terms of a trust.
13		(e) A recipient of a certification of trust may require the
14		trustee to furnish copies of those excerpts from the original
15		trust instrument and later amendments which designate the
16		trustee and confer upon the trustee the power to act in the
17		pending transaction.
18		(f) A person who acts in reliance upon a certification of
19		trust without knowledge that the representations contained
20		therein are incorrect is not liable to any person for so acting
21		and may assume without inquiry the existence of the facts
22		contained in the certification. Knowledge of the terms of the
23		trust may not be inferred solely from the fact that a copy of
24		all or part of the trust instrument is held by the person
25		relying upon the certification.
26		(g) A person who in good faith enters into a transaction in

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1		reliance upon a certification of trust may enforce the
2		transaction against the trust property as if the
3		representations contained in the certification were correct.
4		(h) A person making a demand for the trust instrument in
5		addition to a certification of trust or excerpts is liable for
6		damages if the court determines that the person did not act in
7		good faith in demanding the trust instrument. A person required
8		to examine a complete copy of the trust instrument for purposes
9		of complying with applicable federal, state, or local law, a
10		person acting in a fiduciary capacity with respect to a trust,
11		and the Attorney General's Charitable Trust Bureau are deemed
12		to be acting in good faith when demanding a copy of the trust
13		instrument.
14		(i) This Section does not limit the right of a person to
15		obtain a copy of the trust instrument in a judicial proceeding
16		concerning the trust.
17		(j) A certification of trust may be substantially as
18		follows, provided that nothing in this subsection (j) shall
19		invalidate or bar the use of a certification of trust in any
20		other or different form:
21		CERTIFICATION OF TRUST
22		Name of trust:...............................................
23		Date trust instrument was executed:..........................
24		Tax Identification Number of trust (SSN or EIN):.............
25		Name(s) of settlor(s) of trust:..............................
26		Name(s) of currently acting trustee(s):......................

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1		Address(es) of currently acting trustee(s):..................
2		.... This trust states that .... of .... co-trustee(s) are
3		required to exercise the powers of the trustee.
4		.... The co-trustees authorized to sign or otherwise
5		authenticate on behalf of the trust are:.....................
6		.... There are no co-trustees authorized to sign or otherwise
7		authenticate on behalf of the trust.
8		Name(s) of successor trustee(s):.............................
9		The trustee(s) has (have) the power to (state, synopsize, or
10		describe relevant powers):...................................
11		Title to the trust property shall be taken as follows (for
12		example, "John Doe and Jane Doe, co-trustees of the Doe Family
13		Living Trust, dated January 4, 1999"):.......................
14		.............................................................
15		.... This is an irrevocable trust.
16		.... This is a revocable trust. Name(s) of person(s) holding
17		power to revoke the trust:...................................
18		.... This is an unamendable trust.
19		.... This trust is amendable. Name(s) of person(s) holding
20		power to amend the trust:....................................
21		I (we) certify that the above named trust is in full force and
22		has not been revoked, modified, or amended in any manner which
23		would cause the representations in this Certification of Trust
24		to be incorrect.

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1		IN WITNESS THEREOF, each of the undersigned, being a trustee of
2		the above-named trust with the authority to execute this
3		Certification of Trust, does hereby execute it this ..... day
4		of .........., .......
5		Trustee Signature: .............
6		Printed Name: ..................
7		Trustee Signature: .............
8		Printed Name: ..................
9		[OPTIONAL:
10		This instrument was signed and acknowledged before me on
11		.........., ...... (date) by (name/s of person/s):.........
12		(Signature of Notary Public):
13		............................
14		(SEAL)]
15		Section 99. Effective date. This Act takes effect upon
16		becoming law.