North Carolina § 36C-11-1104 - Trustee signatures.

§ 36C-11-1104. Trustee signatures.

The signature of a trustee of a trust who signs a document for or on behalf of the trust shall be deemed to be the signature of the trustee as such. A document which identifies a trust shall be deemed to include the trustee or the trustees as such. History (2007-106, s. 54.) NORTH CAROLINA COMMENT (2007) Effective October 1, 2007, this section, which is not a part of the Uniform Trust Code, provides a rule of construction that the signature of a trustee who signs a document on behalf of a trust shall be deemed to be the signature of the trustee and that a document identifying a trust shall be deemed to include the trustee as such. This section coordinates with G.S. 39-6.7 , also effective October 1, 2007, construing conveyances that purport to be to or by a trust to be conveyances to or by the trustees of that trust. The drafters thought that these provisions were necessary because, although trustees have legal title to the trust assets, sometimes documents are executed in the name of the trust itself as a party or refer to the trust itself rather than to the trustee. Editor's Note. - Session Laws 2007-106, s. 55, provides: "The Revisor of Statutes shall cause to be printed all explanatory comments of the drafters of this act, or revisions to existing explanatory comments of the drafters of this act, as the Revisor may deem appropriate." Session Laws 2007-106, s. 56, provides: "This act becomes effective October 1, 2007, and applies to (i) all trusts created, and to all conveyances, devises, beneficiary designations, or other transfers occurring before, on, or after that date; (ii) all judicial proceedings concerning trusts or transfers to or by trusts commenced on or after that date; and (iii) all judicial proceedings concerning trusts or transfers to or by trusts commenced before that date unless the court finds that application of a particular provision of this act would substantially interfere with the effective conduct of the judicial proceedings or prejudice the rights of the parties, in which case the law as it existed on September 30, 2007, shall apply."