Certification of Trust

CERTIFICATION OF TRUST BY TRUSTEE

(Pursuant to O.C.G.A. § 53-12-280)

STATE OF GEORGIA
COUNTY OF [________________________________]

// GUIDANCE: Georgia's certification of trust statute is found in the Revised Georgia Trust Code of 2010, codified at O.C.G.A. Title 53, Chapter 12. Georgia's version differs from the Uniform Trust Code in several important ways: (1) The certification must be signed by EACH trustee, not merely "any" trustee; (2) The certification may be recorded in the office of the Clerk of Superior Court; (3) Georgia uses distinct terminology and structural requirements reflecting its unique trust law history.

I. TRUST IDENTIFICATION

The undersigned Trustee(s), being duly authorized and acting in their capacity as Trustee(s), hereby present this Certification of Trust pursuant to O.C.G.A. § 53-12-280 to establish the existence of the following Trust and the authority of the Trustee(s) to act on behalf thereof:

1. Trust Name:
[________________________________]

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

// GUIDANCE: O.C.G.A. § 53-12-280(a)(1) requires that the certification include the date of the trust and any amendments.

3. Type of Trust:
☐ Revocable Inter Vivos Trust (Living Trust)
☐ Irrevocable Inter Vivos Trust
☐ Testamentary Trust
☐ Supplemental Needs Trust / Special Needs Trust
☐ Charitable Remainder Trust
☐ Qualified Personal Residence Trust (QPRT)
☐ Georgia Land Trust
☐ Other: [________________________________]

4. Amendment and Modification History:

// GUIDANCE: O.C.G.A. § 53-12-280(a)(1) requires disclosure of the date of the trust and any amendments. Identify all amendments comprehensively.

II. SETTLOR / GRANTOR IDENTIFICATION

// GUIDANCE: While O.C.G.A. § 53-12-280 does not explicitly list settlor identification as a mandatory element, including settlor information is standard Georgia practice and is typically required by financial institutions and title companies.

1. Settlor(s) / Grantor(s):

2. Settlor Address (if living):
[________________________________]
[________________________________]
[________________________________], Georgia [________]

III. TRUSTEE IDENTIFICATION AND AUTHORITY

// GUIDANCE: O.C.G.A. § 53-12-280(a)(2) requires disclosure of the identity and address of each current trustee and, if more than one, the number and identity of those required to exercise the powers of the trustee. Note that Georgia specifically requires the "number" of trustees required to act.

1. Number of Currently Serving Trustees: [____]

2. Currently Acting Trustee(s):

3. Corporate or Institutional Trustee (if applicable):
☐ Not applicable
☐ A corporate trustee serves as Trustee or Co-Trustee:
Entity Name: [________________________________]
State of Formation: [________________________________]
Georgia Registered Agent: [________________________________]
Georgia Registered Office Address: [________________________________]

4. Number and Identity of Trustees Required to Act:

// GUIDANCE: This is a specific Georgia requirement under § 53-12-280(a)(2).

☐ All [____] trustee(s) must act jointly
☐ A majority of trustees ([____] of [____]) must act jointly
☐ Any single trustee may act independently
☐ The following specific arrangement applies: [________________________________]

5. Manner of Trustee Action:
☐ All trustees must sign all instruments and documents
☐ A majority of trustees must sign instruments and documents
☐ Any individual trustee may sign instruments and documents
☐ Other: [________________________________]

IV. REVOCABILITY STATUS

// GUIDANCE: O.C.G.A. § 53-12-280(a)(4) requires disclosure of the revocability or irrevocability of the trust.

1. Trust Revocability:
☐ The Trust is REVOCABLE
☐ The Trust is IRREVOCABLE
☐ The Trust was revocable but became irrevocable on [__/__/____] by reason of:
☐ Death of the Settlor / Grantor
☐ Written release of the power of revocation
☐ Expiration of the power of revocation per the Trust Instrument
☐ Operation of Georgia law
☐ Other: [________________________________]

2. Person(s) Holding Power to Revoke (if revocable):

3. Method of Revocation:
☐ Written instrument delivered to the Trustee
☐ Any method manifesting clear and convincing evidence of the Settlor's intent (per O.C.G.A. § 53-12-60)
☐ Other method specified in the Trust Instrument: [________________________________]

V. RELEVANT TRUSTEE POWERS

// GUIDANCE: O.C.G.A. § 53-12-280(a)(3) requires disclosure of the relevant powers of the trustee and any restrictions or limitations on those powers. Georgia's statute specifically mentions "restrictions or limitations," which should be addressed if applicable.

The Trust Instrument confers upon the Trustee(s) the following powers relevant to the transaction for which this Certification is being provided:

1. Real Property Powers:
☐ Power to purchase, sell, exchange, and convey real property
☐ Power to execute deeds, including warranty deeds, quitclaim deeds, and deeds to secure debt
☐ Power to mortgage, pledge, or encumber real property (including execution of security deeds under Georgia law)
☐ Power to lease real property for any term
☐ Power to manage, improve, develop, and maintain real property
☐ Power to grant and acquire easements and rights-of-way

2. Financial Powers:
☐ Power to open, maintain, and close bank accounts and investment accounts
☐ Power to borrow funds and execute promissory notes
☐ Power to invest and reinvest trust funds
☐ Power to collect and receive income, dividends, and proceeds

3. Business Powers:
☐ Power to form, operate, or dissolve business entities
☐ Power to acquire, hold, and dispose of interests in business entities
☐ Power to vote interests in entities and participate in governance

4. General Administrative Powers:
☐ Power to employ legal counsel, accountants, and professional advisors
☐ Power to execute all instruments necessary to carry out trust purposes
☐ Power to compromise, arbitrate, or settle claims
☐ Power to make distributions to beneficiaries
☐ Power to make tax elections and file returns

5. Restrictions or Limitations on Powers:

// GUIDANCE: Georgia specifically requires disclosure of restrictions or limitations on trustee powers under § 53-12-280(a)(3).

☐ No restrictions or limitations on the above powers
☐ The following restrictions or limitations apply:
[________________________________]
[________________________________]
[________________________________]

VI. TRUST PROPERTY PROVISIONS

// GUIDANCE: O.C.G.A. § 53-12-280(b)(3) provides that the certification need not contain the dispositive provisions of the trust. Do not include beneficiary names, distribution provisions, or specific bequests.

1. Title to Trust Property:
Trust property is held in the following name:
☐ [Trust Name], a Georgia Trust
☐ [Trustee Name(s)], as Trustee(s) of [Trust Name]
☐ Other: [________________________________]

2. Federal Tax Identification Number:
The Trust's Federal Employer Identification Number (EIN) is: [________________________________]

3. Property Subject to This Certification:
[________________________________]
[________________________________]

VII. SUCCESSOR TRUSTEE PROVISIONS

1. Designated Successor Trustee(s):

2. Method of Succession:
☐ Automatic succession upon the death, incapacity, resignation, or removal of the current Trustee
☐ Appointment by the Settlor during his or her lifetime
☐ Appointment by a designated person: [________________________________]
☐ Appointment by the Superior Court of [________________________________] County, Georgia
☐ Other: [________________________________]

VIII. STATUTORY CERTIFICATIONS AND REPRESENTATIONS

// GUIDANCE: O.C.G.A. § 53-12-280(b)(2) requires the certification to state that the trust has not been revoked, modified, or amended in any manner that would cause the representations to be incorrect.

The undersigned Trustee(s) hereby further certify and represent:

1. The Trust described herein 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 O.C.G.A. § 53-12-280(b)(2).

2. The Trust is currently in existence and in full force and effect under the laws of the State of Georgia.

3. The undersigned constitute all of the currently acting Trustee(s) of the Trust.

4. The undersigned has/have the full authority under the Trust Instrument and Georgia law to execute this Certification of Trust and to act on behalf of the Trust in the transaction for which this Certification is being provided.

5. There are no pending proceedings in any court of the State of Georgia or elsewhere that would affect the validity of this Trust, the authority of the Trustee(s), or the Trust property described herein.

6. No event has occurred that would terminate the Trust, alter the powers of the Trustee(s), or otherwise render the representations contained herein inaccurate.

7. This Certification does not contain the dispositive provisions of the Trust Instrument, as permitted by O.C.G.A. § 53-12-280(b)(3).

IX. THIRD-PARTY RELIANCE PROVISIONS

// GUIDANCE: O.C.G.A. § 53-12-280(c) provides protections for persons acting in reliance on a certification of trust.

Pursuant to O.C.G.A. § 53-12-280:

1. A person who acts in reliance upon this Certification of Trust without knowledge that any information contained herein is incorrect shall not be liable to any person for so acting and may assume without inquiry that the information is correct. (O.C.G.A. § 53-12-280(c))

2. 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. (O.C.G.A. § 53-12-280(c))

X. RECIPIENT'S RIGHTS

Pursuant to O.C.G.A. § 53-12-280(d), the recipient of this Certification of Trust may require the Trustee(s) to furnish copies of those excerpts from the original Trust Instrument and any amendments thereto that:

1. Designate the Trustee(s); and
2. Confer upon the Trustee(s) the power to act in the pending transaction.

XI. RECORDING PROVISIONS

// GUIDANCE: O.C.G.A. § 53-12-280(e) specifically provides that a certification of trust in recordable form may be recorded in the office of the Clerk of Superior Court. This is a distinctive Georgia provision.

GEORGIA-SPECIFIC RECORDING NOTICE:

Pursuant to O.C.G.A. § 53-12-280(e), this Certification of Trust, if in recordable form, may be recorded in the office of the Clerk of Superior Court in the county where any real property of the Trust is located.

☐ This Certification of Trust is intended to be recorded with the Clerk of Superior Court of [________________________________] County, Georgia.
☐ This Certification of Trust is not intended for recording at this time.

Recording Information (if previously recorded):
☐ A prior Certification of Trust was recorded at: Deed Book [________], Page [________], [________________________________] County, Georgia, on [__/__/____]
☐ No prior Certification of Trust has been recorded

XII. GOVERNING LAW AND JURISDICTION

This Trust is governed by the laws of the State of Georgia, including the Revised Georgia Trust Code of 2010 (O.C.G.A. Title 53, Chapter 12). The Superior Court of [________________________________] County, Georgia, has jurisdiction over matters relating to this Trust.

// GUIDANCE: Under Georgia law, trust matters are generally within the jurisdiction of the Superior Court, not a separate Probate Court (unlike many other states). However, the Probate Court has jurisdiction over testamentary trusts arising from a will probated in that court.

XIII. EXECUTION AND ACKNOWLEDGMENT

// GUIDANCE: O.C.G.A. § 53-12-280(b)(1) requires the certification to be signed by EACH trustee. This differs from many UTC states which permit signature by "any" trustee. All currently acting trustees must sign this document.

IMPORTANT: Under Georgia law, this Certification of Trust must be signed by each currently acting Trustee, not merely any single Trustee.

TRUSTEE EXECUTION:

I/We, the undersigned, being each and every one of the currently acting Trustee(s) of the above-referenced Trust, do hereby certify under oath and under the penalties of perjury that all statements and representations made in this Certification of Trust are true, correct, and complete.

Trustee Signature:

Signature: ________________________________________
Printed Name: [________________________________]
Date: [__/__/____]

Signature: ________________________________________
Printed Name: [________________________________]
Date: [__/__/____]

Signature: ________________________________________
Printed Name: [________________________________]
Date: [__/__/____]

NOTARIZATION

// GUIDANCE: While O.C.G.A. § 53-12-280 does not expressly require notarization, it is strongly recommended and is practically necessary for any certification intended to be recorded with the Clerk of Superior Court pursuant to subsection (e). Georgia notarization follows O.C.G.A. § 45-17-1 et seq.

STATE OF GEORGIA
COUNTY OF [________________________________]

Before me, the undersigned Notary Public, on this [____] day of [________________________________], 20[____], personally appeared [________________________________], known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies) as Trustee(s), and that by his/her/their signature(s) on the instrument, the person(s), acting as Trustee(s), executed the instrument.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal.

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

[NOTARIAL SEAL]

XIV. GEORGIA-SPECIFIC NOTES AND REQUIREMENTS

// GUIDANCE: Review and customize the following notes based on the specific transaction and client circumstances.

1. Revised Georgia Trust Code of 2010: The Revised Georgia Trust Code, effective July 1, 2010, governs trust creation, administration, and enforcement in Georgia. It is codified at O.C.G.A. Title 53, Chapter 12.

2. All Trustees Must Sign: Unlike many UTC states, Georgia requires that the certification be signed by each trustee (O.C.G.A. § 53-12-280(b)(1)), not merely any trustee. Ensure all currently serving trustees execute this document.

3. Recording with Clerk of Superior Court: O.C.G.A. § 53-12-280(e) permits recording of the certification with the Clerk of Superior Court. This is particularly important for real property transactions and provides constructive notice to third parties.

4. Security Deeds: Georgia uses security deeds (deeds to secure debt) rather than mortgages for real property financing. If the certification relates to a secured transaction, ensure the trustee powers reference authority to execute security deeds.

5. Superior Court Jurisdiction: In Georgia, the Superior Court generally has jurisdiction over inter vivos trust matters, while the Probate Court has jurisdiction over testamentary trusts. Ensure the correct court is identified.

6. No Dispositive Terms Required: O.C.G.A. § 53-12-280(b)(3) provides that the certification need not contain the dispositive provisions of the Trust Instrument.

7. Transfer Tax Considerations: Georgia imposes a real estate transfer tax under O.C.G.A. § 48-6-1. Consult with counsel regarding whether the transaction giving rise to this certification triggers transfer tax obligations.

XV. SOURCES AND REFERENCES

• O.C.G.A. § 53-12-280 - Certification of Trust by Trustee
• O.C.G.A. Title 53, Chapter 12 - Revised Georgia Trust Code of 2010
• O.C.G.A. § 53-12-60 - Revocation or Modification of Revocable Trust
• O.C.G.A. § 45-17-1 et seq. - Georgia Notary Public Law
• O.C.G.A. § 48-6-1 - Real Estate Transfer Tax

This Certification of Trust is presented pursuant to O.C.G.A. § 53-12-280 and is intended solely for the purpose of establishing the existence of the Trust and the authority of the Trustee(s) as set forth herein. This Certification does not contain the dispositive provisions of the Trust Instrument.

[END OF CERTIFICATION OF TRUST]