ENROLLED
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ACT No. 740
Regular Session, 2012
HOUSE BILL NO. 469
BY REPRESENTATIVE ABRAMSON
AN ACT1
To amend and reenact R.S. 9:2092(A) and (B)(1)(f) and (2) and 2262.2(A) and (B)(1)(g) and2
(2) and to enact R.S. 9:2092(B)(3) and 2262.2(B)(3), relative to property held in a3
trust; to provide for recordation of certain documents; to provide for the contents of4
an extract of trust relative to the authority of a trustee; and to provide for related5
matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 9:2092(A) and (B)(1)(f) and (2) and 2262.2(A) and (B)(1)(g) and (2)8
are hereby amended and reenacted and R.S. 9:2092(B)(3) and 2262.2(B)(3) are hereby9
enacted to read as follows:10
§2092. Recordation of instruments11
A. If at any time the trust property of either an inter vivos trust or a12
testamentary trust includes immovables or other property the title to which must be13
recorded in order to affect third parties, a trustee shall file the trust instrument, or an14
extract thereof, of trust, or a copy of the trust instrument or extract of trust certified15
by the clerk of court for the parish in which the original trust instrument or extract16
of trust was filed, for record in each parish in which the property is located.17
B.(1) For purposes of recording an extract of a trust instrument, such an18
extract shall be executed by either the settlor or the trustee and shall include all of19
the following:20
* * *21
(f) A brief description of the immovable property or other property subject22
to the trust, the title to which must be recorded in order to affect third persons. If the23
trust instrument also contains a transfer of immovable property or other property to24 ENROLLEDHB NO. 469
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the trust, the title to which must be recorded in order to affect third persons, then the1
extract shall contain a brief legal description of the property.2
(2) Unless the trust and abstract of trust recite or otherwise note any3
modification or restriction of the trustee's power or duties, the trustee shall have all4
of the powers and duties granted to trustees under the Louisiana Trust Code.5
(2)(3) The provisions of this Section authorizing the filing of an extract of6
the trust instrument or a clerk-certified copy of the trust instrument or extract of trust7
without a description of the property are remedial and shall be applied retroactively8
to any trust extract or clerk-certified copy of either the trust instrument or extract of9
trust theretofore filed for record which is in substantial compliance with the10
provisions of this Subsection, and such extract or clerk-certified copy shall affect11
third persons as of the date of recordation. If the extract of an inter vivos trust12
instrument or clerk-certified copy thereof is recorded, the failure of the trust13
instrument to be in the form required by R.S. 9:1752 shall not be effective against14
third parties, who shall be immune from claims based on the failure of the trust15
instrument to be in the form required by R.S. 9:1752.16
* * *17
§2262.2. Recordation of instruments18
A. If at any time the trust property of a foreign trust includes an immovable19
or other property in Louisiana the title to which must be recorded in order to affect20
third parties, a trustee shall file the trust instrument, or an extract thereof, of trust, or21
a copy of the trust instrument or extract of trust certified by the clerk of court for the22
parish in which the original trust instrument or extract of trust was filed, for record23
in each parish in which the property is located.24
B.(1) For purposes of recording an extract of a trust instrument, such an25
extract of a trust instrument either shall be in such form and contain such information26
as may be lawful under the law of the jurisdiction which the parties have expressly27
chosen to govern the trust, or shall be executed by either the settlor or the trustee and28
shall include all of the following:29
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(g) A description of the immovable property or other property subject to the1
trust. If the trust instrument also contains a transfer of immovable property or other2
property to the trust, the title to which must be recorded in order to affect third3
persons, then the extract shall contain a brief legal description of the property.4
* * *5
(2) Unless the trust and abstract of trust recite or otherwise note any6
modification or restriction of the trustee's power or duties, the trustee shall have all7
of the powers and duties granted to trustees under the Louisiana Trust Code.8
(2)(3) The provisions of this Section authorizing the filing of an extract of9
the trust instrument or a clerk-certified copy of the trust instrument or extract of trust10
without a description of the property are remedial and shall be applied retroactively11
to any trust extract or clerk-certified copy of either the trust instrument or extract of12
trust theretofore filed for record which is in substantial compliance with the13
provisions of this Section, and such extract shall affect third persons as of the date14
of recordation.15
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: