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)

// GUIDANCE: Louisiana does NOT follow the Uniform Trust Code. This template is structured under the Louisiana Trust Code (La. R.S. 9:1721 et seq.) and the extract of trust provisions of La. R.S. 9:2092. Louisiana's civil law system requires specific formalities that differ from all other U.S. states except to some degree the U.S. territories influenced by civil law traditions.

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. 9:1753)
☐ Other statutory form: [________________________________]

// GUIDANCE: Louisiana law is very specific about the form of trust creation. Under La. R.S. 9:1752, an inter vivos trust may ONLY be created by authentic act or by act under private signature in the presence of two witnesses that is duly acknowledged by the settlor or supported by the affidavit of an attesting witness. Failure to comply with these formalities may render the trust invalid. La. R.S. 9:1753 governs testamentary trusts.

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)

// GUIDANCE: In Louisiana civil law, the settlor is sometimes referred to as the "constituant" (the person who constitutes or establishes the trust). La. R.S. 9:1731 defines the settlor as "a person, including a testator, who creates a trust."

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)

// GUIDANCE: In Louisiana, the trustee is sometimes referred to as the "fiduciaire." La. R.S. 9:1783 et seq. governs the powers and duties of the trustee. Under La. R.S. 9:1789, a trustee must be a natural person with capacity or a juridical person authorized by law to serve as trustee.

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: [________________________________]

// GUIDANCE: Louisiana law permits co-trustees but the trust instrument should specify the manner in which co-trustees exercise their powers. Under La. R.S. 9:1788, if the trust instrument is silent, co-trustees must act by majority.

Manner of Taking Title to Trust Property:

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

[________________________________]

// GUIDANCE: Louisiana title practice typically uses: "[Trustee Name], as Trustee of the [Trust Name], dated [Date]" or "[Trust Name], [Trustee Name], Trustee." For immovable property, the recording requirements of La. R.S. 9:2092 must be followed.

SECTION 5: TRUST REVOCABILITY AND MODIFICATION

// GUIDANCE: Under Louisiana law, whether a trust is revocable depends on the trust instrument. La. R.S. 9:2025 provides that the settlor may reserve the right to revoke the trust. Unlike UTC states, Louisiana does NOT presume revocability — the trust instrument must expressly grant the power to revoke.

☐ 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. 9:2025.

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. 9:1783 et seq.), the Trustee(s) are authorized to exercise the following powers:

// GUIDANCE: La. R.S. 9:1783 provides that "the trustee shall have all powers necessary or appropriate for the administration of the trust, subject to such limitations and restrictions as are set forth in the trust instrument." Review the trust instrument carefully and check only those powers that are granted.

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

// GUIDANCE: Under La. R.S. 9:2092(C), any limitation or restriction on the trustee's power to alienate, lease, or encumber immovable property must be recited in the extract of trust if recorded, or such limitation will NOT be effective against third persons. This is a critical provision unique to Louisiana.

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. 9:1783

Specific Limitations on Trustee Powers:

// GUIDANCE: This is critically important in Louisiana. Under La. R.S. 9:2092(C), any limitation on the trustee's power regarding immovable property that is NOT recited in a recorded extract will be ineffective against third persons.

☐ 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. 9:1789
☐ Removal of the Trustee pursuant to La. R.S. 9:1789 or the trust instrument
☐ Other: [________________________________]

// GUIDANCE: La. R.S. 9:1789 governs the resignation and removal of trustees in Louisiana. A trustee may resign only in the manner provided in the trust instrument or with court approval.

SECTION 8: TRUST PROPERTY PROVISIONS AND IMMOVABLE PROPERTY DESCRIPTION

// GUIDANCE: If this extract is being recorded pursuant to La. R.S. 9:2092, and the trust holds immovable property, the extract must contain a brief legal description of the property per La. R.S. 9:2092(B). This is a requirement specific to Louisiana.

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. 9:1753 (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, with authority to act on behalf of the trust in the capacities described in this Certification, pursuant to La. R.S. 9:1783 et seq.

4. Limitations Disclosed. Pursuant to La. R.S. 9:2092(C), 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. 9:2093, third persons dealing with the Trustee in good faith and for adequate consideration, without actual knowledge that the Trustee is exceeding his or her powers or improperly exercising them, are protected in such dealings.

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.

// GUIDANCE: Louisiana is the only U.S. state with forced heirship protections. Under La. C.C. Art. 1493 et seq., certain descendants (children under age 24, or children of any age who are permanently incapable of caring for themselves) are entitled to a forced portion of the deceased parent's estate. A trust that violates forced heirship may be subject to reduction. Counsel should verify compliance.

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.

// GUIDANCE: For maximum enforceability and compliance with Louisiana's civil law traditions, this certification should be executed as an authentic act — that is, before a Notary Public and in the presence of two competent witnesses, pursuant to La. C.C. Art. 1833. While an authentic act is not strictly required for a certification of trust, it is the standard of practice in Louisiana and provides the highest evidentiary weight.

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)

// GUIDANCE: Louisiana notarial practice differs from common law states. A Louisiana Notary Public is a commissioned officer with broader authority than notaries in most other states. Notaries in Louisiana serve for life (in most parishes) and may prepare legal instruments. The authentic act form below reflects Louisiana practice.

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

// GUIDANCE: Louisiana trust law is fundamentally different from all other U.S. states. The following notes address critical distinctions.

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. 9:2093 protects third persons dealing with a trustee in good faith and for adequate consideration, without actual knowledge that the trustee is exceeding or improperly exercising powers.

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. 9:2025).

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: [________________________________]