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A voting trust agreement transfers the voting rights of shareholders to a trustee, giving the trustee temporary control of the corporation. A fiduciary is a person or organization that acts on behalf of a person or persons and is legally bound to act solely in their best interests.
As long as you are confident that your trust is validly formed in ance with state law, recording is not required nor necessary. However, for extra peace of mind, you may choose to record your Certificate of Trust with the county clerk's office in order to protect it from unauthorized changes or access.
Creating a living trust in South Carolina involves creating a written trust document and signing it in front of a notary. The trust is not final until you transfer assets into it.
SECTION 62-7-410. Modification or termination of trust; proceedings for approval or disapproval.
While a will must become public record when it is probated, a trust need not enter the public record. The names of your beneficiaries, information about your assets, and your trust terms are not revealed to anyone.
Not all states recognize a Trust Deed. Use a Mortgage Deed if you live in: Connecticut, Delaware, Florida, Indiana, Iowa, Kansas, Louisiana, New Jersey, New York, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, Vermont, or Wisconsin.
The certificate must be acknowledged by the acting trustees and witnesses in the presence of a Notary Public before it is recorded in the county where the subject real property is situated. Consult a lawyer with questions regarding certifications of trust in South Carolina.
Create the trust document. You can get help from an attorney or use Willmaker & Trust (see below). Sign the document in front of a notary public. Change the title of any trust property that has a title document?such as your house or car?to reflect that you now own the property as trustee of the trust.