CERTIFICATION OF TRUST

(Pursuant to Maryland Code, Estates and Trusts Article § 14.5-910)

TABLE OF CONTENTS

1. Purpose and Statutory Authority
2. Trust Existence and Identification
3. Settlor Identification
4. Trustee Identification and Address
5. Trustee Powers in Pending Transaction
6. Trust Revocability
7. Co-Trustee Authentication Authority
8. Taxpayer Identification Number
9. Manner and Name for Holding Title
10. Trust Amendments and Modifications
11. Dispositive Terms Exclusion
12. Mandatory Representations
13. Third-Party Reliance Under Maryland Law
14. Maryland-Specific Requirements and Notes
15. Execution
16. Notarization

1. PURPOSE AND STATUTORY AUTHORITY

// GUIDANCE: Maryland's certification of trust statute is found in the Maryland Trust Act, Est. & Trusts § 14.5-910. Maryland adopted the Maryland Trust Act (based on the UTC) effective October 1, 2014, replacing the prior trust provisions. Maryland's statute is notable for requiring specific disclosures including the trustee's address, the trust's TIN (with an SSN exception), and the manner in which title may be taken.

This Certification of Trust (this "Certification") is made and furnished pursuant to Maryland Code Annotated, Estates and Trusts Article § 14.5-910, which authorizes a trustee to furnish a certification of trust to a person other than a beneficiary in lieu of providing a copy of the trust instrument.

The purpose of this Certification is to evidence the existence and validity of the Trust identified herein, the identity and authority of the Trustee(s), and such additional information as required by Maryland law, without disclosing the dispositive provisions of the trust instrument. This Certification is part of the Maryland Trust Act, codified at Md. Code Ann., Est. & Trusts § 14.5-101 et seq.

2. TRUST EXISTENCE AND IDENTIFICATION

// GUIDANCE: Section 14.5-910 requires a statement that the trust exists and the date the trust instrument was executed.

The undersigned Trustee(s) hereby certify that the following trust currently exists and is in full force and effect under the laws of the State of Maryland:

Full Legal Name of Trust: [________________________________]

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

Nature of Trust:

☐ Revocable Inter Vivos Trust
☐ Irrevocable Inter Vivos Trust
☐ Testamentary Trust (established under the Will of [________________________________], admitted to probate in [________________________________] County, Maryland on [__/__/____])
☐ Supplemental Needs Trust / Special Needs Trust
☐ Charitable Trust
☐ Qualified Domestic Trust (QDOT)
☐ Maryland Investment Trust
☐ Other: [________________________________]

State of Situs: Maryland

County of Administration: [________________________________]

Governing Law: The Trust is governed by the laws of the State of Maryland, including the Maryland Trust Act, Md. Code Ann., Est. & Trusts § 14.5-101 et seq.

3. SETTLOR IDENTIFICATION

// GUIDANCE: Section 14.5-910 specifically requires the identity of the settlor.

Settlor 1:

Full Legal Name: [________________________________]

Date of Birth: [__/__/____]

Address: [________________________________]

City: [________________________________] State: [____] Zip: [__________]

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

Settlor 2 (if applicable):

Full Legal Name: [________________________________]

Date of Birth: [__/__/____]

Address: [________________________________]

City: [________________________________] State: [____] Zip: [__________]

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

4. TRUSTEE IDENTIFICATION AND ADDRESS

// GUIDANCE: Section 14.5-910 specifically requires the identity AND address of the currently acting trustee. The address requirement is explicitly stated in Maryland's statute.

The following individual(s) and/or entity(ies) are the currently acting Trustee(s) of the Trust:

Trustee 1:

Full Legal Name: [________________________________]

☐ Individual ☐ Corporate/Institutional Trustee

Mailing Address: [________________________________]

City: [________________________________] State: [____] Zip: [__________]

Telephone: [________________________________]

Email: [________________________________]

Date of Appointment: [__/__/____]

Method of Appointment: ☐ Named in trust instrument ☐ Appointed as successor ☐ Appointed by court order ☐ Appointed by trust protector ☐ Other: [________________________________]

Trustee 2 (if applicable):

Full Legal Name: [________________________________]

☐ Individual ☐ Corporate/Institutional Trustee

Mailing Address: [________________________________]

City: [________________________________] State: [____] Zip: [__________]

Telephone: [________________________________]

Email: [________________________________]

Date of Appointment: [__/__/____]

Method of Appointment: ☐ Named in trust instrument ☐ Appointed as successor ☐ Appointed by court order ☐ Appointed by trust protector ☐ Other: [________________________________]

5. TRUSTEE POWERS IN PENDING TRANSACTION

// GUIDANCE: Maryland's statute (§ 14.5-910) specifically references "the powers of the trustee in the pending transaction." This is a more transaction-specific requirement than many other UTC states, which simply require general trustee powers. Tailor this section to the specific transaction for which this Certification is being presented.

A. Nature of Pending Transaction:

This Certification is being furnished in connection with the following transaction:

☐ Purchase of real property
☐ Sale of real property
☐ Refinancing of real property
☐ Opening or managing bank/financial account(s)
☐ Purchase or sale of securities/investments
☐ Transfer of title to motor vehicle(s)
☐ Business transaction or contract execution
☐ Insurance matter
☐ General trust administration
☐ Other: [________________________________]

B. Trustee Powers Relevant to Pending Transaction:

The Trustee(s) have been granted the following powers under the trust instrument that are specifically relevant to the pending transaction:

☐ To acquire, hold, sell, convey, exchange, and otherwise deal with real property, including the execution of deeds, deeds of trust, mortgages, releases, and all other instruments
☐ To open, maintain, close, and otherwise manage bank accounts, investment accounts, and other financial accounts in the name of the Trust
☐ To borrow money and encumber trust assets as security for such borrowing
☐ To invest and reinvest trust assets in any property or investment
☐ To enter into contracts and agreements binding upon the Trust
☐ To employ attorneys, accountants, advisors, and other professionals
☐ To compromise, settle, and release claims
☐ To collect and receive payments, dividends, and distributions
☐ To exercise all powers of an absolute owner over trust property
☐ Other specific powers: [________________________________]

// GUIDANCE: Attach excerpts from the trust instrument that specifically grant the powers needed for the pending transaction. This is particularly important for real property transactions in Maryland.

C. Additional General Administrative Powers:

☐ To pay debts, taxes, charges, and administrative expenses
☐ To distribute income and principal pursuant to the trust terms
☐ To make tax elections and file returns
☐ To allocate between income and principal
☐ To exercise all powers granted by Md. Code Ann., Est. & Trusts § 14.5-816

6. TRUST REVOCABILITY

// GUIDANCE: Section 14.5-910 requires disclosure of the revocability or irrevocability AND the identity of a person holding a power to revoke.

A. Revocability Status:

☐ The Trust is REVOCABLE.

☐ The Trust is IRREVOCABLE.

☐ The Trust was revocable and has become irrevocable by reason of:
☐ Death of the Settlor on [__/__/____]
☐ Express relinquishment of power to revoke on [__/__/____]
☐ Expiration of the period during which revocation was permitted
☐ Other event: [________________________________]

B. Person(s) Holding Power to Revoke:

☐ Not applicable — the Trust is irrevocable.

☐ The following person(s) hold the power to revoke the Trust:

Name: [________________________________]
Capacity: ☐ Settlor ☐ Co-Settlor ☐ Trust Protector ☐ Other: [________________________________]

Name: [________________________________]
Capacity: ☐ Settlor ☐ Co-Settlor ☐ Trust Protector ☐ Other: [________________________________]

7. CO-TRUSTEE AUTHENTICATION AUTHORITY

// GUIDANCE: Section 14.5-910 requires disclosure of "the authority of cotrustees to sign or otherwise authenticate and whether the authentication of all or fewer than all of the cotrustees is required in order to exercise powers of the trustee." Note that Maryland uses the term "authenticate" rather than simply "sign."

☐ Not applicable — there is only one currently acting Trustee.

☐ There are multiple co-Trustees. The authentication requirements are:

☐ ALL co-Trustees must sign or otherwise authenticate to exercise trustee powers.
☐ A MAJORITY of co-Trustees may sign or authenticate to exercise trustee powers.
☐ ANY SINGLE co-Trustee may independently sign or authenticate.
☐ Specific authentication requirements: [________________________________]

Special Authentication Provisions:

☐ Certain categories of transactions require all co-Trustees to authenticate (specify): [________________________________]
☐ Routine administrative matters may be handled by a single co-Trustee.
☐ The trust instrument designates a primary or managing co-Trustee.
☐ Electronic authentication is permitted under the trust terms.

8. TAXPAYER IDENTIFICATION NUMBER

// GUIDANCE: Section 14.5-910 requires the taxpayer identification number of the trust, UNLESS the taxpayer identification number is also the Social Security number of a settlor. This SSN exception is an important Maryland-specific privacy protection.

☐ The Trust has been assigned a separate Employer Identification Number (EIN): [________________________________]

☐ The Trust's taxpayer identification number is the Social Security Number of the Settlor. Pursuant to Md. Code Ann., Est. & Trusts § 14.5-910, this number is NOT required to be disclosed in this Certification because the TIN is the Settlor's SSN.

// GUIDANCE: This SSN exception is a notable Maryland provision. If the trust uses the Settlor's SSN (typical for revocable grantor trusts), Maryland law does not require its inclusion in the certification. This protects the Settlor's privacy. The third party may need to obtain the TIN through other means for account setup.

☐ The Trust's EIN application is pending.

9. MANNER AND NAME FOR HOLDING TITLE

// GUIDANCE: Section 14.5-910 requires disclosure of "the manner and name in which title to trust property may be taken." This is a Maryland-specific requirement that goes beyond many other UTC states.

Title to trust property should be taken in the following manner and name:

Full Trust Title Designation:

[________________________________], as Trustee(s) of the [________________________________], under Trust Agreement dated [__/__/____]

// GUIDANCE: Common Maryland formats include:
// "John Q. Smith, Trustee, The Smith Family Trust, dated January 1, 2020"
// "John Q. Smith and Jane A. Smith, Co-Trustees, Smith Family Revocable Trust, U/A/D January 1, 2020"
// For real property in Maryland, ensure the title designation matches the form required by the relevant county land records office.

Abbreviated Form (if applicable):

[________________________________]

// GUIDANCE: Some financial institutions may accept an abbreviated form. Confirm with the institution before using an abbreviated designation.

10. TRUST AMENDMENTS AND MODIFICATIONS

☐ The trust instrument has NOT been amended, modified, or restated since its original execution.

☐ The trust instrument has been amended and/or restated as follows:

// GUIDANCE: Section 14.5-910 requires that the certification state the trust has not been modified in a manner making the representations incorrect. Document all amendments and confirm none affect the accuracy of this Certification.

11. DISPOSITIVE TERMS EXCLUSION

Pursuant to Md. Code Ann., Est. & Trusts § 14.5-910, this Certification does not contain the dispositive terms of the Trust. A third party may not require disclosure of the dispositive terms as a condition of relying on this Certification or engaging in a transaction with the Trust.

12. MANDATORY REPRESENTATIONS

// GUIDANCE: Section 14.5-910 requires a mandatory statement that the trust has not been revoked, modified, or amended in a manner that would cause the representations to be incorrect.

The undersigned Trustee(s), pursuant to Md. Code Ann., Est. & Trusts § 14.5-910, hereby represent, certify, and declare as follows:

A. The Trust identified herein currently exists and is validly established under the laws of the State of Maryland.

B. The trust instrument was executed on the date stated in Section 2 of this Certification.

C. The undersigned is/are the duly appointed, qualified, and currently acting Trustee(s) of the Trust.

D. The Trust has not been revoked, modified, or amended in a manner that would cause the representations contained in this Certification of Trust to be incorrect.

E. The Trustee(s) have the powers stated in Section 5 as relevant to the pending transaction.

F. The information regarding revocability and the identity of persons holding a power to revoke, as set forth in Section 6, is true and correct.

G. The manner and name in which title to trust property may be taken, as stated in Section 9, is accurate and authorized.

H. All information in this Certification is true, correct, and complete to the best of the Trustee's knowledge, information, and belief.

13. THIRD-PARTY RELIANCE UNDER MARYLAND LAW

// GUIDANCE: Md. Code Ann., Est. & Trusts § 14.5-910 provides specific and robust protections for third parties.

Pursuant to Md. Code Ann., Est. & Trusts § 14.5-910:

A. A person that acts reasonably in reliance on this Certification of Trust without knowledge that the representations contained herein are incorrect is not liable to any person for the act and may assume without inquiry the existence of the facts contained in this Certification.

B. 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.

C. A person who demands the trust instrument or excerpts thereof in addition to this Certification, without reasonable cause, may be liable for costs, expenses, reasonable attorney's fees, and damages if a court determines the person did not act in good faith in making the demand.

D. 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 on this Certification.

E. A person who in good faith enters into a transaction relying on this Certification is entitled to enforce the transaction regardless of whether a contrary term exists in the trust instrument, provided the person had no knowledge of such contrary term.

14. MARYLAND-SPECIFIC REQUIREMENTS AND NOTES

// GUIDANCE: The following notes highlight provisions and requirements unique to Maryland law.

A. Maryland Trust Act: The Maryland Trust Act, Est. & Trusts § 14.5-101 et seq., became effective October 1, 2014, and governs trusts created before, on, or after that date (with certain exceptions). This Certification is governed by the Act.

B. Title Designation Requirement: Maryland specifically requires disclosure of "the manner and name in which title to trust property may be taken" (§ 14.5-910). This requirement facilitates real property transactions and is not found in all UTC jurisdictions.

C. SSN Privacy Protection: Maryland provides an explicit exception from the TIN disclosure requirement when the trust's taxpayer identification number is the Settlor's Social Security Number. This privacy protection is unique among many UTC states.

D. Transaction-Specific Powers: Maryland's statute references "the powers of the trustee in the pending transaction" rather than general trustee powers. Tailor the powers disclosure to the specific transaction.

E. Recording in Maryland Land Records: For real property transactions, this Certification should be recorded among the land records of the county or Baltimore City where the property is situated. Maryland recording requirements are governed by Real Property Article § 3-104.

F. Maryland Circuit Court Jurisdiction: Disputes regarding the validity of this Certification or the rights of third parties may be brought in the Circuit Court for the county having jurisdiction under the Maryland Trust Act.

G. Trust Protector: If the Trust designates a trust protector under § 14.5-808.1, the protector's authority need not be disclosed in this Certification unless relevant to the pending transaction.

15. EXECUTION

IN WITNESS WHEREOF, the undersigned Trustee(s), being the duly appointed and currently acting Trustee(s) of the Trust identified herein, do hereby execute this Certification of Trust as of the date set forth below, pursuant to Md. Code Ann., Est. & Trusts § 14.5-910.

Date of Execution: [__/__/____]

TRUSTEE SIGNATURE(S):

Trustee 1:

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Trustee 2 (if applicable):

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

16. NOTARIZATION

// GUIDANCE: Maryland does not expressly require notarization for all certifications of trust, but notarization is required for recording in the land records and is standard practice for real property and financial transactions. Use the Maryland acknowledgment form.

STATE OF MARYLAND

COUNTY/CITY OF [________________________________]

I HEREBY CERTIFY that on this [______] day of [________________], [________], before me, the undersigned Notary Public of the State of Maryland, personally appeared [________________________________], known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same as Trustee(s) of the Trust identified herein for the purposes therein contained.

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

Signature of Notary Public: ________________________________________

Printed Name of Notary: [________________________________]

My Commission Expires: [__/__/____]

[NOTARY SEAL]

ATTACHMENTS

☐ No attachments are included with this Certification.

☐ The following attachments are included:

☐ Excerpt(s) from the trust instrument regarding Trustee powers relevant to the pending transaction
☐ Copy of the Trust's EIN assignment letter
☐ Exhibit A — Legal Description of Real Property (if applicable)
☐ Copy of Trustee identification
☐ Other: [________________________________]

This Certification of Trust is made pursuant to Maryland Code Annotated, Estates and Trusts Article § 14.5-910 and is intended to be relied upon by third parties in connection with transactions involving the Trust. This Certification does not contain the dispositive provisions of the Trust.

PREPARED BY:

Name: [________________________________]

Address: [________________________________]

City: [________________________________] State: [____] Zip: [__________]

Maryland Client Protection Fund ID Number (if applicable): [________________________________]