Louisiana Certification of Trust (Extract of Trust)

CERTIFICATION OF TRUST

(EXTRACT OF TRUST — EXTRAIT DE FIDUCIE)

State of Louisiana

Pursuant to the Louisiana Trust Code, La. R.S. 9:1721 et seq.,

and La. R.S. 9:2092 (Recordation of Instruments)

SECTION 1: TRUST IDENTIFICATION

BE IT KNOWN that by this Extract of Trust (Certification of Trust), executed pursuant to the provisions of the Louisiana Trust Code, La. R.S. 9:1721 et seq., and La. R.S. 9:2092, the undersigned does hereby certify the existence and material terms of the following trust:

Trust Name: [________________________________]

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

Form of Trust Creation (La. R.S. 9:1752):

☐ Authentic Act (Notarial Act executed before a Notary Public and two witnesses)
☐ Act Under Private Signature (executed in the presence of two witnesses and duly acknowledged by the settlor)
☐ Act Under Private Signature (executed in the presence of two witnesses with affidavit of one attesting witness)
☐ Testamentary Trust (created by last will and testament pursuant to La. R.S. 9:1751)
☐ Other statutory form: [________________________________]

Type of Trust:

☐ Inter Vivos Trust (created during the lifetime of the settlor)
☐ Testamentary Trust (created by will)
☐ Charitable Trust
☐ Trust for Incapacitated Person
☐ Other: [________________________________]

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

Parish of Trust Domicile: [________________________________] Parish, Louisiana

Parish Where Trust Instrument Is Recorded (if applicable): [________________________________] Parish, Louisiana

Clerk of Court File Number (if recorded): [________________________________]

SECTION 2: SETTLOR IDENTIFICATION (CONSTITUANT)

Settlor (Constituant) 1:

Full Legal Name: [________________________________]
Date of Birth: [__/__/____]
Domicile: [________________________________] Parish, Louisiana
Address: [________________________________]

Settlor (Constituant) 2 (if applicable):

Full Legal Name: [________________________________]
Date of Birth: [__/__/____]
Domicile: [________________________________] Parish, Louisiana
Address: [________________________________]

Status of Settlor(s):

☐ All Settlor(s) are living and domiciled in Louisiana.
☐ All Settlor(s) are living and domiciled outside Louisiana.
☐ The following Settlor is deceased:
Name: [________________________________]
Date of Death: [__/__/____]
Parish/Place of Death: [________________________________]

SECTION 3: TRUSTEE IDENTIFICATION (FIDUCIAIRE)

The currently acting Trustee(s) of the above-referenced trust is/are:

Trustee (Fiduciaire) 1:

Full Legal Name: [________________________________]
Type: ☐ Natural Person ☐ Juridical Person (Entity)
Domicile/Principal Office: [________________________________]
Address: [________________________________]
City: [________________________________] State: [____] Zip: [________]
Telephone: [________________________________]

If Juridical Person, authorized representative:
Name: [________________________________]
Title: [________________________________]

Trustee (Fiduciaire) 2 (if applicable):

Full Legal Name: [________________________________]
Type: ☐ Natural Person ☐ Juridical Person (Entity)
Domicile/Principal Office: [________________________________]
Address: [________________________________]
City: [________________________________] State: [____] Zip: [________]

SECTION 4: CO-TRUSTEE AUTHORITY

☐ There is only one currently acting Trustee. This section is not applicable.

☐ There are multiple currently acting Trustees. Their authority is as follows:

☐ All Co-Trustees must act jointly and unanimously.
☐ Any one Co-Trustee may act independently.
☐ A majority of Co-Trustees may act.
☐ Other arrangement as specified in the trust instrument: [________________________________]

Manner of Taking Title to Trust Property:

In accordance with Louisiana law and practice, title to trust property is held as follows:

[________________________________]

SECTION 5: TRUST REVOCABILITY AND MODIFICATION

☐ The trust is REVOCABLE. The Settlor has expressly reserved the right to revoke or modify the trust pursuant to the trust instrument and La. R.S. 9:2041.

Person(s) holding the power to revoke:
Name: [________________________________]
Capacity: [________________________________]

☐ The trust is IRREVOCABLE. The Settlor did not reserve the right to revoke the trust, or the power of revocation has been extinguished.

☐ The trust became irrevocable upon:

☐ Death of the Settlor on [__/__/____]
☐ Expiration of the revocation period
☐ Other event: [________________________________]

Status of Amendments:

☐ The trust instrument has not been amended.
☐ The trust instrument has been amended. Amendment date(s):
[__/__/____]
[__/__/____]

The trust has not been revoked, modified, or amended in any manner that would cause the representations contained in this Certification to be incorrect.

SECTION 6: POWERS OF THE TRUSTEE

Pursuant to the trust instrument and the Louisiana Trust Code (La. R.S. 9:2111 et seq.), the Trustee(s) are authorized to exercise the following powers:

Immovable Property Powers (Louisiana term for Real Property):

☐ Acquire, receive, and hold immovable property
☐ Alienate (sell, exchange, donate) immovable property
☐ Mortgage or otherwise encumber immovable property
☐ Lease immovable property
☐ Grant servitudes, rights of use, and rights-of-way
☐ Partition immovable property
☐ Improve, develop, or demolish improvements on immovable property
☐ Execute acts of sale, acts of mortgage, and acts of lease before a notary public

Movable Property and Financial Powers:

☐ Acquire, hold, and dispose of movable property (Louisiana term for personal property)
☐ Open, maintain, and close bank and investment accounts
☐ Invest and reinvest trust funds
☐ Borrow money and execute promissory notes
☐ Collect income, rents, and proceeds
☐ Make distributions to trust beneficiaries in accordance with the trust instrument
☐ Pay debts, obligations, and expenses of the trust
☐ File tax returns and make tax elections

Administrative and General Powers:

☐ Employ attorneys, accountants, and other professionals
☐ Execute contracts, acts, and instruments on behalf of the trust
☐ Prosecute, defend, or compromise legal proceedings
☐ Operate or participate in business enterprises
☐ Vote shares and exercise ownership rights
☐ Perform all acts necessary or appropriate for trust administration as provided in La. R.S. 9:2111

Specific Limitations on Trustee Powers:

☐ No specific limitations exist on the powers described herein.
☐ The following limitations apply:

[________________________________]

[________________________________]

[________________________________]

SECTION 7: SUCCESSOR TRUSTEE PROVISIONS

Designated Successor Trustee(s):

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

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

Conditions for Succession:

☐ Death of the currently acting Trustee
☐ Incapacity of the Trustee as determined pursuant to the trust instrument
☐ Resignation of the Trustee, in compliance with La. R.S. 9:1788
☐ Removal of the Trustee pursuant to La. R.S. 9:1789 or the trust instrument
☐ Other: [________________________________]

SECTION 8: TRUST PROPERTY PROVISIONS AND IMMOVABLE PROPERTY DESCRIPTION

Property for Which This Certification/Extract Is Presented:

☐ Immovable property located in Louisiana:

Municipal Address: [________________________________]
Parish: [________________________________]
Legal Description:

[________________________________]

[________________________________]

[________________________________]

Assessor's Parcel/Map Number: [________________________________]

Conveyance Office File Number (if applicable): [________________________________]

☐ Financial account(s):
Institution: [________________________________]
Account Number(s): [________________________________]

☐ Movable property described as: [________________________________]

☐ Other: [________________________________]

SECTION 9: LOUISIANA-SPECIFIC STATUTORY CERTIFICATIONS

The undersigned, pursuant to the Louisiana Trust Code (La. R.S. 9:1721 et seq.) and La. R.S. 9:2092, hereby certifies, represents, and declares:

1. Trust Existence and Validity. The trust identified herein is a valid and existing trust, created in compliance with the formal requirements of Louisiana law, including but not limited to La. R.S. 9:1752 (inter vivos trusts) or La. R.S. 9:1751 (testamentary trusts).

2. Proper Form of Creation. The trust instrument was executed in the form required by Louisiana law as indicated in Section 1 of this Certification.

3. Trustee Authority. The Trustee(s) identified herein is/are the duly appointed, qualified, and currently acting Trustee(s) of the trust, eligible to serve pursuant to La. R.S. 9:1783, with authority to act on behalf of the trust in the capacities described in this Certification and pursuant to the powers described in La. R.S. 9:2111 et seq.

4. Limitations Disclosed. Pursuant to La. R.S. 9:2092(B)(2), all limitations or restrictions on the Trustee's power to alienate, lease, or encumber immovable property are recited in Section 6 of this Certification. Any limitation not recited herein shall not be effective against third persons who rely on this Certification.

5. Current Status. The trust has not been revoked, modified, or amended in any manner that would cause the representations contained herein to be incorrect.

6. Third-Party Protection. Pursuant to La. R.S. 9:2092(B)(2) and (B)(3), a limitation or restriction on the Trustee's power to alienate, lease, or encumber immovable property is not effective against third persons unless it is recited in this recorded extract of trust, and the failure of the trust instrument to be in the form required by La. R.S. 9:1752 shall not be effective against third persons relying on a recorded extract, who are immune from claims based on such a defect.

7. No Dispositive Terms Disclosed. This Certification does not contain the dispositive terms of the trust. The identity of beneficiaries and the terms of distribution are not required for purposes of this Certification.

8. Louisiana Governing Law. The trust is governed by the laws of the State of Louisiana, including the Louisiana Trust Code (La. R.S. 9:1721 et seq.) and applicable provisions of the Louisiana Civil Code.

9. Forced Heirship Compliance. The trust instrument was drafted with consideration of Louisiana's forced heirship laws (La. C.C. Art. 1493 et seq.) to the extent applicable.

SECTION 10: EXECUTION

THUS DONE AND SIGNED in the presence of the undersigned competent witnesses and me, Notary Public, on this [____] day of [________________], [______], at [________________________________], Louisiana.

Trustee (Declarant) 1:

Signature: ________________________________________

Printed Name: [________________________________]

Trustee (Declarant) 2 (if applicable):

Signature: ________________________________________

Printed Name: [________________________________]

WITNESSES:

Witness 1:

Signature: ________________________________________

Printed Name: [________________________________]

Address: [________________________________]

Witness 2:

Signature: ________________________________________

Printed Name: [________________________________]

Address: [________________________________]

SECTION 11: NOTARIZATION (AUTHENTIC ACT FORM)

STATE OF LOUISIANA

PARISH OF [________________________________]

BEFORE ME, the undersigned Notary Public, duly commissioned and qualified in and for the Parish and State aforesaid, and in the presence of the two competent witnesses hereinafter named and undersigned,

PERSONALLY CAME AND APPEARED:

[________________________________], Trustee

and [________________________________], Trustee (if applicable),

who declared and certified unto me, Notary, and the said witnesses, that the foregoing Certification of Trust (Extract of Trust) is true and correct; that the trust described herein exists and is in full force and effect; and that the representations contained herein accurately reflect the current status and terms of the trust as of the date hereof.

The Appearer(s) further declared that this Certification is made pursuant to the Louisiana Trust Code, La. R.S. 9:1721 et seq., and La. R.S. 9:2092, for the purpose of evidencing the existence of the trust and the authority of the Trustee(s) to third persons.

THUS DONE AND SIGNED at [________________________________], Louisiana, on the date first written above, in the presence of the undersigned competent witnesses and me, Notary Public, after due reading of the whole.

Notary Public Signature: ________________________________________

Printed Name: [________________________________]

Notary Public, Parish of [________________________________], Louisiana

Bar Roll Number / Notary Number: [________________________________]

My Commission: ☐ Life Commission ☐ Expires: [__/__/____]

[NOTARIAL SEAL]

SECTION 12: STATE-SPECIFIC NOTES FOR LOUISIANA

1. Civil Law Jurisdiction. Louisiana is the only U.S. state that operates under a civil law system. Louisiana trusts are governed by the Louisiana Trust Code (La. R.S. 9:1721 et seq.), NOT by the Uniform Trust Code adopted by most other states.

2. No Uniform Trust Code. Louisiana has not adopted the Uniform Trust Code (UTC). The Louisiana Trust Code is an independent body of law with unique provisions, terminology, and requirements.

3. Formalities of Creation. Under La. R.S. 9:1752, an inter vivos trust may be created ONLY by (a) authentic act (notarial act before a notary and two witnesses), or (b) act under private signature executed in the presence of two witnesses and duly acknowledged by the settlor or supported by the affidavit of one attesting witness. These formality requirements have no parallel in UTC jurisdictions.

4. Extract of Trust. La. R.S. 9:2092 provides the Louisiana equivalent of a certification of trust, called an "extract of trust." When recorded, it serves to give third parties notice of the trust's existence and the trustee's powers. Importantly, limitations on trustee power regarding immovables must be recited in the extract or they are ineffective against third persons.

5. Forced Heirship. Louisiana's unique forced heirship laws (La. C.C. Art. 1493 et seq.) may affect the validity of trust provisions. Forced heirs (children under 24, or permanently incapacitated children of any age) are entitled to a portion of the parent's estate. A trust that impinges on forced heirship rights may be subject to reduction.

6. Terminology. Louisiana uses civil law terminology: "immovable property" (not "real property"), "movable property" (not "personal property"), "usufruct" (not "life estate"), "naked ownership" (not "remainder interest"), "juridical person" (not "legal entity").

7. Notary Authority. Louisiana notaries have broader authority than notaries in other states. Many Louisiana notaries are licensed attorneys. Notaries may prepare authentic acts and certain legal instruments.

8. Trust Duration. Louisiana imposes limitations on trust duration that differ from common law perpetuities rules. See La. R.S. 9:1831 et seq.

9. Recording Requirements. If the trust holds immovable property, the trust instrument, extract, or certified copy must be filed for record in each parish where the property is located (La. R.S. 9:2092(A)).

10. Third-Party Protection. La. R.S. 9:2092(B)(2) and (B)(3) protect third persons who rely on a recorded extract of trust: a limitation on the trustee's power to alienate, lease, or encumber immovable property is not effective against a third person unless recited in the recorded extract, and a third person relying on a recorded extract is immune from claims based on a defect in the form of the trust instrument under La. R.S. 9:1752.

11. Presumption of Irrevocability. Unlike most UTC states that presume revocability, Louisiana does NOT presume that a trust is revocable. The power of revocation must be expressly reserved in the trust instrument (La. R.S. 9:2041).

This Certification of Trust (Extract of Trust) is furnished pursuant to the Louisiana Trust Code, La. R.S. 9:1721 et seq., and La. R.S. 9:2092. It is intended to provide evidence of the trust's existence and the Trustee's authority without disclosing the dispositive terms of the trust instrument. Due to the unique requirements of Louisiana civil law, this document should be reviewed and prepared by a licensed Louisiana attorney before execution.

PREPARED BY:

Attorney Name: [________________________________]
Firm: [________________________________]
Address: [________________________________]
Louisiana Bar Roll Number: [________________________________]
Telephone: [________________________________]
Email: [________________________________]