Code of the District of Columbia

Subchapter II. Formation; Certificate of Trust and Other Filings; Process.


§ 29–1202.01. Certificate of trust.

(a) To form a statutory trust, a person shall deliver a certificate of trust to the Mayor for filing.

(b) A certificate of trust shall state:

(1) The name of the statutory trust, which must comply with §§ 29-103.01 and 29-103.02(i);

(2) The street and mailing address of the principal office of the trust;

(3) The name and street and mailing address of the registered agent of the trust; and

(4) If the trust may have one or more series, a statement to that effect.

(c) A certificate of trust may contain any term in addition to those required by subsection (b) of this section but may not vary or otherwise affect the provisions specified in § 29-1201.04 in a manner that is inconsistent with that section.

(d) A statutory trust is formed when the certificate of trust becomes effective.

(e) A filed certificate of trust, a filed statement of cancellation or change, or articles filed under subchapter VII of this chapter or Chapter 2 of this title prevail over inconsistent terms of a trust instrument.


(July 2, 2011, D.C. Law 18-378, § 2, 58 DCR 1720; Mar. 5, 2013, D.C. Law 19-210, § 2(l)(3)(A), 59 DCR 13171.)

Section References

This section is referenced in § 29-101.06, § 29-1201.02, § 29-1204.01, and § 29-1209.01.

Effect of Amendments

The 2013 amendment by D.C. Law 19-210 deleted “initial” preceding “registered” in (b)(3); added “but may not vary or otherwise affect the provisions specified in § 29-1201.04 in a manner that is inconsistent with that section” at the end of (c); rewrote (d); and substituted “articles filed under subchapter VII of this chapter or Chapter 2 of this title” for “filed articles of conversion or merger shall” in (e).

Editor's Notes

Uniform Law: This section is based on § 201 of the Uniform Statutory Trust Entity Act.

Application of Law 19-210: Section 7 of D.C. Law 19-210 provided that the act shall apply as of January 1, 2012.


§ 29–1202.02. Amendment or restatement of certificate of trust; statement of correction.

(a) A certificate of trust may be amended or restated at any time.

(b) To amend its certificate of trust, a statutory trust shall deliver to the Mayor for filing an amendment stating the:

(1) Name of the trust;

(2) Date of filing of its initial certificate; and

(3) Changes to the certificate as most recently amended or restated.

(c) To restate its certificate of trust, a statutory trust must deliver to the Mayor for filing a restatement designated as such in its heading.

(d) A trustee that knows or has reason to know that information in a filed certificate of trust was inaccurate when the certificate was filed or has become inaccurate due to changed circumstances shall promptly:

(1) Cause the certificate to be amended; or

(2) If appropriate, deliver to the Mayor for filing a statement of change under § 29-104.07 or a statement of correction under § 29-102.05.


(July 2, 2011, D.C. Law 18-378, § 2, 58 DCR 1720; Mar. 5, 2013, D.C. Law 19-210, § 2(l)(3)(B), 59 DCR 13171.)

Section References

This section is referenced in § 29-1202.05 and § 29-1209.01.

Effect of Amendments

The 2013 amendment by D.C. Law 19-210 rewrote the section.

Editor's Notes

Uniform Law: This section is based on § 202 of the Uniform Statutory Trust Entity Act.

Application of Law 19-210: Section 7 of D.C. Law 19-210 provided that the act shall apply as of January 1, 2012.


§ 29–1202.03. Signing of records.

(a) A record delivered by the statutory trust to the Mayor for filing pursuant to this chapter shall be signed by at least one of the trustees.

(b) Any person may sign by an attorney in fact any record filed pursuant to this chapter.


(July 2, 2011, D.C. Law 18-378, § 2, 58 DCR 1720.)

Editor's Notes

Uniform Law: This section is based on § 203 of the Uniform Statutory Trust Entity Act.


§ 29–1202.04. Signing and filing pursuant to judicial order.

(a) If a person required by this title to sign a record or deliver a record to the Mayor for filing under this title does not do so, any other person that is aggrieved may petition the Superior Court to order:

(1) The person to sign the record;

(2) The person to deliver the record to the Mayor for filing; or

(3) The Mayor to file the record unsigned.

(b) If the petitioner under subsection (a) of this section is not the statutory trust to which the record pertains, the petitioner shall make the trust a party to the action.

(c) A record filed pursuant to subsection (a)(3) of this section is effective without being signed.


(Mar. 5, 2013, D.C. Law 19-210, § 2(l)(3)(C), 59 DCR 13171.)

Section References

This section is referenced in § 29-1202.05.

Editor's Notes

Application of Law 19-210: Section 7 of D.C. Law 19-210 provided that the act shall apply as of January 1, 2012.


§ 29–1202.05. Liability for inaccurate information in filed record.

(a) If a record delivered to the Mayor for filing under this title and filed by the Mayor contains inaccurate information, a person that suffers loss by reliance on the information may recover damages for the loss from:

(1) A person that signed the record, or caused another to sign it on the person’s behalf, and knew the information to be inaccurate at the time the record was signed; and

(2) Subject to subsection (b) of this section, a trustee of a statutory trust, if:

(A) The record was delivered for filing on behalf of the trust; and

(B) The trustee had notice of the inaccuracy for a reasonably sufficient time before the information was relied upon so that, before the reliance, the trustee reasonably could have:

(i) Effected an amendment under § 29-1202.02;

(ii) Filed a petition under § 29-1202.04; or

(iii) Delivered to the Mayor for filing a statement of change under § 29-104.07 or a statement of correction under § 29-102.05.

(b) An individual who signs a record authorized or required to be filed under this title affirms under penalty of making false statements that the information stated in the record is accurate.


(Mar. 5, 2013, D.C. Law 19-210, § 2(l)(3)(C), 59 DCR 13171.)

Editor's Notes

Application of Law 19-210: Section 7 of D.C. Law 19-210 provided that the act shall apply as of January 1, 2012.