Certification of Trust - Colorado

CERTIFICATION OF TRUST

State of Colorado

Pursuant to Colorado Revised Statutes Section 15-5-1013
(Colorado Uniform Trust Code)

I. PURPOSE OF THIS CERTIFICATION

This Certification of Trust is furnished pursuant to Colorado Revised Statutes Section 15-5-1013, which authorizes a trustee to provide this certification to any person other than a beneficiary in lieu of furnishing a copy of the trust instrument. This Certification is intended to establish the existence of the Trust, the identity and authority of the Trustee(s), and such other facts as are required by law, without disclosing the dispositive terms of the Trust.

II. TRUST IDENTIFICATION AND EXISTENCE

2.1 The undersigned hereby certifies that a trust exists under the following identification:

Trust Name: [________________________________]

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

2.2 Amendments, Restatements, and Decanting:

☐ The Trust has not been amended, restated, or decanted.
☐ The Trust has been amended or restated as follows:

☐ The Trust has been decanted pursuant to the Colorado Uniform Trust Decanting Act (C.R.S. § 15-16-901 et seq.) on [__/__/____]. The resulting trust is known as: [________________________________]

2.3 Trust Classification:

☐ Revocable Living Trust (Inter Vivos)
☐ Irrevocable Trust
☐ Testamentary Trust (created under the Last Will and Testament of [________________________________], admitted to probate in [________________________________] County, Colorado, Case No. [________________________________])
☐ Supplemental/Special Needs Trust
☐ Charitable Remainder Trust (☐ Annuity Trust ☐ Unitrust)
☐ Charitable Lead Trust
☐ Qualified Personal Residence Trust
☐ Irrevocable Life Insurance Trust (ILIT)
☐ Colorado Beneficiary-Controlled Trust
☐ Other: [________________________________]

2.4 Trust Taxpayer Identification Number (EIN): [________________________________]

III. SETTLOR IDENTIFICATION

3.1 Settlor(s):

3.2 Status of Settlor(s):

IV. TRUSTEE IDENTIFICATION

4.1 Currently Acting Trustee(s)

Individual Trustee 1:
Full Legal Name: [________________________________]
Residential Address: [________________________________]
City: [________________________________] State: Colorado ZIP: [____________]
Date Appointed: [__/__/____]
Manner of Appointment: ☐ Original Trustee ☐ Successor Trustee ☐ Court-Appointed ☐ Other

Individual Trustee 2 (if applicable):
Full Legal Name: [________________________________]
Residential Address: [________________________________]
City: [________________________________] State: Colorado ZIP: [____________]
Date Appointed: [__/__/____]
Manner of Appointment: ☐ Original Trustee ☐ Successor Trustee ☐ Court-Appointed ☐ Other

Corporate/Institutional Trustee (if applicable):
Entity Name: [________________________________]
Type: ☐ Bank ☐ Trust Company ☐ Other
State of Organization: [________________________________]
Principal Office: [________________________________]
Authorized Representative: [________________________________]
Title: [________________________________]

4.2 Successor Trustee(s)

First Successor: [________________________________]
Address: [________________________________]

Second Successor: [________________________________]
Address: [________________________________]

Mechanism for Selecting Additional Successors:
☐ Named in the Trust instrument.
☐ Selected by remaining Trustee(s).
☐ For a noncharitable trust with no remaining trustee, selected by unanimous agreement of the qualified beneficiaries after the Trust's successor designation (C.R.S. § 15-5-704(2)-(3)).
☐ Appointed by the court per C.R.S. § 15-5-704.
☐ Other: [________________________________]

V. REVOCABILITY AND POWER TO REVOKE

5.1 Revocability Status:

☐ REVOCABLE. The Trust is presently revocable under its terms and C.R.S. § 15-5-602. Identify the current holder and extent of any amendment or revocation power in Section 5.2.

☐ IRREVOCABLE. The Trust is not presently revocable by the Settlor under its terms.

☐ BECAME IRREVOCABLE. The Trust was originally revocable but became irrevocable:
☐ Upon the death of the Settlor on [__/__/____], under Trust section [________].
☐ Upon the occurrence of: [________________________________]
☐ By the express terms of the Trust instrument on [__/__/____].

5.2 Person(s) Holding Power to Revoke:

☐ No person holds a current power to revoke the Trust.
☐ The following person(s) hold power to revoke:

5.3 Method of Revocation Required:

☐ The Trust instrument specifies an exclusive method: [METHOD AND SECTION: ________________________________].
☐ The Trust instrument specifies a method that is not exclusive: [METHOD AND SECTION: ________________________________].
☐ The Trust instrument specifies no method. Under C.R.S. § 15-5-602(3), another method manifesting clear and convincing evidence of the Settlor's intent may apply.

VI. CO-TRUSTEE AUTHORITY

6.1 Number of Currently Serving Trustees: [____]

6.2 Action Requirements:

☐ All co-trustees must participate in and consent to every exercise of a trust power (unanimity required).
☐ If co-trustees cannot reach unanimity, a majority may act under C.R.S. § 15-5-703(1), subject to the Trust's terms.
☐ Any one trustee may act independently.
☐ The Trust instrument allocates authority as follows: [________________________________]

6.3 Signing Authority for Documents:

☐ All co-trustees must sign all documents and instruments.
☐ A majority of co-trustees must sign documents and instruments.
☐ Any one co-trustee may sign documents and instruments on behalf of all co-trustees.
☐ Special signing requirements apply: [________________________________]

VII. TRUSTEE POWERS

The Trustee(s) of the Trust possess the following powers, as granted by the Trust instrument and by operation of law under C.R.S. § 15-5-816:

7.1 Real Property Powers

☐ To acquire, hold, manage, and dispose of real property (C.R.S. § 15-5-816(1)(b), (h)).
☐ To sell or exchange trust property, including real property, on terms the trustee considers appropriate (C.R.S. § 15-5-816(1)(b), (c)).
☐ To sign and deliver instruments needed to exercise the Trustee's powers, including an appropriate deed when the Trust authorizes the conveyance (C.R.S. § 15-5-816(1)(y)).
☐ To encumber trust real property by mortgage, deed of trust, or other security instrument (C.R.S. § 15-5-816(1)(e)).
☐ To lease trust property (C.R.S. § 15-5-816(1)(i)).
☐ To grant or accept easements, restrictions, and covenants.
☐ To manage, develop, improve, or raze improvements on real property.
☐ To insure trust property (C.R.S. § 15-5-816(1)(k)).

7.2 Financial Powers

☐ To deposit funds in financial institutions (C.R.S. § 15-5-816(1)(d)).
☐ To borrow money and encumber trust property (C.R.S. § 15-5-816(1)(e)).
☐ To invest and reinvest trust assets (C.R.S. § 15-5-815 and Colorado Uniform Prudent Investor Act, C.R.S. § 15-1.1-101 et seq.).
☐ To open, maintain, and close bank and brokerage accounts.
☐ To authorize wire transfers and electronic transactions.
☐ To collect trust income and principal.

7.3 Administrative Powers

☐ To pay compensation of employees and agents as permitted by the Trust and C.R.S. § 15-5-816(1)(o).
☐ To prosecute, defend, contest, settle, or release claims as permitted by C.R.S. § 15-5-816(1)(n), (x).
☐ To make distributions to beneficiaries according to the Trust's terms; § 15-5-816(1)(u) describes permitted methods for paying an amount already distributable.
☐ To execute and deliver instruments and documents.
☐ To make tax elections and file returns (C.R.S. § 15-5-816(1)(p)).
☐ To allocate receipts and disbursements between income and principal.

7.4 Business Entity Powers

☐ To continue, participate in, or sell any business or entity interest (C.R.S. § 15-5-816(1)(f)).
☐ To vote proxies and exercise stock rights (C.R.S. § 15-5-816(1)(g)(I)).
☐ To form or dissolve entities.

7.5 Pending Transaction

Description of Transaction: [________________________________]
Specific Trust Authority: [________________________________]
Relevant Trust Article/Section: [________________________________]

VIII. MANNER OF HOLDING TITLE

8.1 Title to trust property shall be taken as follows:

☐ [________________________________], Trustee of the [________________________________] Trust, dated [__/__/____]

☐ [________________________________] and [________________________________], Co-Trustees of the [________________________________] Trust, dated [__/__/____]

☐ The [________________________________] Trust, dated [__/__/____]

☐ Other: [________________________________]

IX. STATUTORY CERTIFICATIONS AND REPRESENTATIONS

The undersigned Trustee(s) hereby certify and represent, pursuant to C.R.S. § 15-5-1013:

9.1 Existence. The Trust identified herein was validly created and is currently in full force and effect.

9.2 No Material Changes. As required by C.R.S. § 15-5-1013(3), 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.

9.3 Authority. The undersigned is/are the duly appointed, currently acting, and qualified Trustee(s) with authority to act on behalf of the Trust.

9.4 No Dispositive Terms. Pursuant to C.R.S. § 15-5-1013(4), this Certification does not contain the dispositive terms of the Trust.

9.5 Accuracy. All information contained herein is true, correct, and complete as of the date of execution.

9.6 Compliance with CUTC. This Certification complies with the requirements of the Colorado Uniform Trust Code, C.R.S. § 15-5-101 et seq.

9.7 No Pending Challenges. There are no pending judicial proceedings challenging the validity of the Trust, the authority of the Trustee(s), or the pending transaction, except: [________________________________]

9.8 No Limitation on Powers. There are no restrictions or limitations on the Trustee's powers that would prevent completion of the pending transaction, except: [________________________________]

X. THIRD-PARTY RELIANCE AND PROTECTIONS

10.1 Reliance. Pursuant to C.R.S. § 15-5-1013(6), a person who acts in reliance upon this Certification without knowledge that the representations contained herein are incorrect is not liable to any person for so acting and may assume without inquiry the existence of the facts contained in this Certification. Knowledge of the terms of the Trust may not be inferred solely from the fact that a copy of all or part of the Trust instrument is held by the person relying upon this Certification.

10.2 Enforcement. Pursuant to C.R.S. § 15-5-1013(7), a person who in good faith enters into a transaction in reliance upon this Certification may enforce the transaction against the Trust property as if the representations contained herein were correct.

10.3 Right to Excerpts. Pursuant to C.R.S. § 15-5-1013(5), a recipient of this Certification may require the Trustee to furnish copies of those excerpts from the original trust instrument and later amendments that designate the Trustee and confer upon the Trustee the power to act in the pending transaction.

10.4 Demand Liability. Pursuant to C.R.S. § 15-5-1013(8), a person making a demand for the full trust instrument in addition to this Certification or excerpts may be liable for costs, expenses, attorney fees, and damages if a court determines that such person did not act in good faith.

10.5 Judicial Proceedings. Pursuant to C.R.S. § 15-5-1013(9), 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.

XI. COLORADO-SPECIFIC PROVISIONS

11.1 Colorado Uniform Trust Code (CUTC)

The Colorado Uniform Trust Code (C.R.S. § 15-5-101 et seq.) applies to this Trust to the extent provided by § 15-5-1404, including its rules for trusts created before January 1, 2019.

11.2 Colorado Trust Court Jurisdiction

Under C.R.S. § 15-5-203(1), the district court, or in the City and County of Denver the Denver Probate Court, has exclusive jurisdiction over proceedings brought by a trustee, trust director, or beneficiary concerning trust administration. For other trust proceedings involving third parties, § 15-5-203(2) provides concurrent jurisdiction. The court and county for any proceeding must be determined under the applicable jurisdiction and venue rules.

11.3 Colorado Real Property Considerations

☐ This Certification relates to real property located in [________________________________] County, Colorado.
☐ The property is described as: [________________________________]
☐ This Certification will be recorded with the [________________________________] County Clerk and Recorder.
☐ This Certification does NOT relate to a real property transaction.

11.4 Colorado Transfer Declaration

☐ A Real Property Transfer Declaration (TD-1000) accompanies the underlying conveyance document, if required by C.R.S. § 39-14-102(1).
☐ Not applicable.

11.5 Trust Decanting

☐ The Trust has NOT been decanted.
☐ The Trust was decanted pursuant to C.R.S. § 15-16-901 et seq. on [__/__/____], and this Certification reflects the terms of the resulting trust.

11.6 Trust Protector

☐ The Trust instrument designates a trust protector.
Name: [________________________________]
Powers: [________________________________]
☐ The Trust instrument does not designate a trust protector.

11.7 Beneficiary-Controlled Trust

☐ The Trust is a beneficiary-controlled trust with limitations as specified in the Trust instrument.
☐ Not applicable.

XII. EXECUTION

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

Date of Execution: [__/__/____]

Trustee:

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

Co-Trustee (if applicable):

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

NOTARY ACKNOWLEDGMENT

STATE OF COLORADO
COUNTY OF [________________________________]

The foregoing instrument was acknowledged before me this [____] day of [________________], [________], by [________________________________], as Trustee(s) of the [________________________________] Trust dated [__/__/____].

WITNESS my hand and official seal.

Signature of Notary Public: ________________________________________
Printed Name: [________________________________]
My Commission Expires: [__/__/____]
Notary Public, State of Colorado

[NOTARIAL SEAL]

XIII. ADDITIONAL NOTES

A. Effective Duration

This Certification is effective as of the date of execution. Third parties should verify the continued accuracy of this Certification if relying upon it for transactions occurring more than [____] days after execution.

B. Colorado Prudent Investor Act

The Trustee's investment duties are governed by the Colorado Uniform Prudent Investor Act (C.R.S. § 15-1.1-101 et seq.) subject to its terms-of-trust rule and other statutory limits.

C. Principal and Income

Allocate receipts and disbursements between income and principal under the trust terms and the Colorado Uniform Fiduciary Income and Principal Act, C.R.S. § 15-1.2-101 et seq.; see § 15-1.2-201 for the governing order and default allocations.

D. Electronic Signatures

Colorado's Uniform Electronic Transactions Act recognizes electronic signatures for covered transactions (C.R.S. §§ 24-71.3-103, 24-71.3-107). Check its exclusions and the receiving party's requirements before using an electronic Certification.

END OF CERTIFICATION OF TRUST

This document consists of [____] pages, constituting the complete Certification of Trust.