Certification of Trust

CERTIFICATION OF TRUST

State of Alaska

Pursuant to Alaska Statutes Section 13.36.079

SECTION 1: TRUST IDENTIFICATION

Name of Trust: [________________________________]

Date of Original Trust Instrument: [__/__/____]

Date(s) of Amendment(s), if any: [________________________________]

Trust Taxpayer Identification Number (TIN/EIN): [________________________________]

Type of Trust:

☐ Revocable Living Trust
☐ Irrevocable Trust
☐ Testamentary Trust
☐ Special Needs Trust
☐ Charitable Trust
☐ Other: [________________________________]

SECTION 2: SETTLOR IDENTIFICATION

Settlor Name(s):

Settlor Status:

☐ Living
☐ Deceased (Date of Death: [__/__/____])

SECTION 3: TRUSTEE IDENTIFICATION AND AUTHORITY

A. Currently Acting Trustee(s)

B. Co-Trustee Signing Authority

☐ The Trust instrument requires all co-trustees to act unanimously for the pending transaction.
☐ The Trust instrument authorizes a majority of co-trustees to act for the pending transaction.
☐ The Trust instrument authorizes any one co-trustee to act independently for the pending transaction.
☐ AS 13.36.072(a)(1)'s default majority-decision rule applies because the Trust instrument does not provide otherwise and the co-trustees cannot reach a unanimous decision.
☐ A signed delegation under AS 13.36.072(b) authorizes the signing Trustee to perform the relevant function, and the Trust instrument does not prohibit that delegation.
☐ Other arrangement: [________________________________]

C. Successor Trustee Information

First Successor Trustee: [________________________________]
Address: [________________________________]

Second Successor Trustee: [________________________________]
Address: [________________________________]

SECTION 4: REVOCABILITY AND POWER TO REVOKE

Revocability Status:

☐ The Trust is REVOCABLE during the lifetime of the Settlor(s).
☐ The Trust is IRREVOCABLE.
☐ The Trust became irrevocable upon the death of the Settlor on [__/__/____].
☐ The Trust became irrevocable by its own terms on [__/__/____].

Person(s) Holding Power to Revoke (if applicable):

SECTION 5: TRUSTEE POWERS

The Trustee(s) have only the powers checked below that are granted by the Trust instrument, a valid amendment or court order, or applicable Alaska law. AS 13.36.105, .107, and .109 do not override limitations in the Trust instrument or the fiduciary standards governing exercise of a power.

A. General Powers

☐ To buy, sell, exchange, lease, and otherwise deal with real and personal property.
☐ To borrow money and encumber trust property, including the power to mortgage or pledge trust assets.
☐ To invest and reinvest trust funds as authorized by the Trust instrument and applicable fiduciary standards.
☐ To open, maintain, and close bank and brokerage accounts.
☐ To collect, receive, and issue receipts for trust income and principal.
☐ To employ and compensate attorneys, accountants, investment advisors, and other professionals.
☐ To compromise, settle, or abandon claims and litigation.
☐ To make distributions to beneficiaries in accordance with the trust terms.
☐ To execute deeds, contracts, notes, and other instruments.
☐ To manage and operate business interests held in trust.

B. Real Property Powers

☐ To acquire, hold, manage, improve, and sell real property.
☐ To execute and deliver deeds of conveyance.
☐ To grant easements, covenants, and restrictions.
☐ To subdivide, develop, or change the character of real property.
☐ To lease trust real property for any term.
☐ To insure trust property against loss or liability.

C. Financial Institution Powers

☐ To open and manage deposit, savings, or investment accounts as authorized by the Trust instrument.
☐ To rent and access safe deposit boxes as authorized by the Trust instrument.
☐ To execute wire transfers and electronic transactions as authorized by the Trust instrument and the relevant account agreement.

D. Transaction-Specific Powers

The pending transaction for which this certification is furnished involves:
[________________________________]

The Trustee has the specific authority under the Trust instrument to:
[________________________________]

SECTION 6: MANNER OF TAKING TITLE

Title to property of the Trust shall be taken in the following manner:

☐ In the name of the Trustee(s) as Trustee(s) of the [________________________________] Trust, dated [__/__/____].

☐ In the name: [________________________________], Trustee of the [________________________________] Trust, u/a/d [__/__/____].

☐ Other: [________________________________]

SECTION 7: STATUTORY REPRESENTATIONS AND CERTIFICATIONS

Pursuant to Alaska Statutes Section 13.36.079, the undersigned Trustee(s) hereby certify and represent as follows:

1. Existence and Execution Date. The Trust identified in Section 1 exists, and the original Trust instrument was executed on the date stated in Section 1.

2. Current Effect. The Trust has not been revoked, modified, or amended in any manner that would cause the representations contained in this Certification of Trust to be incorrect, as required by AS 13.36.079(c).

3. Authority. The undersigned is/are the currently acting Trustee(s) identified in Section 3 and have the authority stated in Sections 3 and 5 for the transaction described in Section 5(D).

4. No Dispositive Terms. Pursuant to AS 13.36.079(d), this Certification is not required to contain the dispositive terms of the Trust. AS 13.36.079(e) permits the recipient to require the stated trustee-designation and transaction-authority excerpts, and subsection (j) preserves access to the Trust instrument in a judicial proceeding concerning the Trust.

5. Accuracy. The information and representations contained in this Certification are true and correct as of the date of execution. This Certification need not contain the Trust's dispositive terms.

6. Optional Pending-Proceeding Representation. Based on the Trustee's records and knowledge, no pending proceeding affects the Trustee's stated authority for the pending transaction, except as follows: [________________________________]

7. Transaction Limitations. The following limitations, conditions, required consents, or co-trustee approvals apply to the pending transaction: [________________________________]

SECTION 8: THIRD-PARTY RELIANCE

Pursuant to AS 13.36.079(f), a person who acts in reasonable reliance on this Certification without knowledge that its representations are incorrect is not liable to another person for so acting and may assume without inquiry the existence of the facts contained in it. Under AS 13.36.079(g), a person who in good faith enters a transaction in reasonable reliance on the Certification may enforce the transaction against the Trust property as if the representations were correct.

NOTICE REGARDING PENALTIES (AS 13.36.079(h)–(i)): A person demanding the Trust instrument in addition to this Certification or the permitted excerpts is liable to the State of Alaska for a civil penalty not exceeding One Thousand Dollars ($1,000.00), plus actual damages associated with the demand, if a court determines that the person did not act in good faith. A person found liable for that penalty is also liable for the actual court costs and attorney fees associated with the demand.

Recipient's Right to Excerpts (AS 13.36.079(e)): A recipient of this Certification of Trust may require the Trustee to furnish copies of those excerpts from the original trust instrument, including amendments, that designate the Trustee and confer upon the Trustee the power to act in the pending transaction for which this Certification is being furnished.

SECTION 9: ALASKA-SPECIFIC PROVISIONS

A. Alaska Trust Act Provisions

☐ The Trust contains a restricted-transfer provision under AS 34.40.110 and is intended to satisfy the applicable Alaska-law and jurisdiction conditions in AS 13.36.035 and .310. No selection in this Certification expands the Trust's statutory protection or defeats an applicable exception.
☐ This Trust is not an Alaska asset protection trust.

B. Community Property Trust

☐ This Trust expressly declares identified property to be community property, was signed by both spouses, and has at least one qualified trustee with the recordkeeping and tax-return powers required by AS 34.77.100.
☐ This Trust is not a community property trust.

C. Long-Duration Trust

☐ This Trust is intended to continue for the maximum period its terms and Alaska law permit. AS 34.27.051 imposes 1,000-year limits on specified powers and interests; AS 34.27.053 supplies a savings distribution; AS 34.27.075 supersedes the common-law rule; and AS 34.27.100 separately governs suspension of alienation.
☐ This Trust has the following stated termination date or termination event: [________________________________].

D. Trust Situs

☐ The Trust instrument specifies Alaska law and Alaska administration, and the Trust satisfies the applicable conditions in AS 13.36.035(c).
☐ Alaska law governs administration under AS 13.36.035(f)–(g).
☐ The Trust is governed by another jurisdiction's law as follows: [________________________________].

SECTION 10: EXECUTION AND ACKNOWLEDGMENT

IN WITNESS WHEREOF, the undersigned Trustee(s) have executed this Certification of Trust as of the date set forth below.

Date of Execution: [__/__/____]

Trustee Signature Block:

Signature: ________________________________________
Printed Name: [________________________________]
Title: Trustee of the [________________________________] Trust
Date: [__/__/____]

Signature: ________________________________________
Printed Name: [________________________________]
Title: Trustee of the [________________________________] Trust
Date: [__/__/____]

NOTARY ACKNOWLEDGMENT

State of Alaska

[________________________________] Judicial District

The foregoing instrument was acknowledged before me on [__/__/____] by [________________________________], Trustee of the [________________________________] Trust.

Signature of Person Taking Acknowledgment: ________________________________________
Title or Rank: [________________________________]
Serial Number, if any: [________________________________]
Commission Expiration Date: [__/__/____]

[NOTARIAL SEAL]

SECTION 11: ADDITIONAL NOTES AND STATE-SPECIFIC GUIDANCE

A. Recording

AS 13.36.079 does not make recording a Certification an automatic prerequisite to a transaction. If this Certification is included in a recording package, confirm that it satisfies AS 40.17.030, names the recording district, and is eligible under AS 40.17.110. A conveyance affecting land must be offered in the recording district required by AS 40.17.020.

B. Federal Tax Considerations

This Certification of Trust does not constitute tax advice. The Trustee should consult with a qualified tax professional regarding the tax treatment of trust transactions, including any applicable Alaska or federal tax reporting requirements.

C. Preservation of Judicial Rights

Pursuant to AS 13.36.079(j), this Certification does not limit the right of any person to obtain a copy of the trust instrument in a judicial proceeding concerning the Trust.

D. Amendments and Restatements

If the Trust has been amended or restated, confirm that this Certification remains correct. AS 13.36.079(c) requires the Certification to state that no revocation, modification, or amendment makes its representations incorrect; furnish an updated Certification if a change would do so.

END OF CERTIFICATION OF TRUST

This document contains [____] pages, all of which constitute the complete Certification of Trust.

Sources and References

• Alaska Statutes, AS 13.06.010–.070: https://www.akleg.gov/basis/statutes.asp?media=print&secStart=13.06.010&secEnd=13.06.070
• Alaska Statutes, AS 13.36.070–.110: https://www.akleg.gov/basis/statutes.asp?media=print&secStart=13.36.070&secEnd=13.36.110
• Alaska Statutes, AS 13.36.300–.320: https://www.akleg.gov/basis/statutes.asp?media=print&secStart=13.36.300&secEnd=13.36.320
• Alaska Statutes, AS 40.17.020–.120: https://www.akleg.gov/basis/statutes.asp?media=print&secStart=40.17.020&secEnd=40.17.120
• Alaska Statutes, AS 09.63.050–.120: https://www.akleg.gov/basis/statutes.asp?media=print&secStart=09.63.050&secEnd=09.63.120
• Alaska Statutes, AS 34.27.050–.110: https://www.akleg.gov/basis/statutes.asp?media=print&secStart=34.27.050&secEnd=34.27.110
• Alaska Statutes, AS 34.40.110–.130: https://www.akleg.gov/basis/statutes.asp?media=print&secStart=34.40.110&secEnd=34.40.130
• Alaska Statutes, AS 34.77.090–.110: https://www.akleg.gov/basis/statutes.asp?media=print&secStart=34.77.090&secEnd=34.77.110