CERTIFICATE OF TRUST

(Pursuant to MCL § 700.7913)

STATE OF MICHIGAN
COUNTY OF [________________________________]

// GUIDANCE: Michigan uses the term "Certificate of Trust" rather than "Certification of Trust" in its statute. The Michigan Trust Code is codified at MCL Act 386 of 1998, Article VII (MCL §§ 700.7101-700.7913). Michigan's certificate of trust provision differs from the standard UTC version in several key ways: (1) It requires the "name of the trust" and the date of "each operative trust instrument" — not just the original instrument date; (2) It permits the settlor, any trustee, or an attorney for the settlor or trustee to sign; (3) It requires the powers of the trustee "relating to the purposes for which the certificate of trust is being offered." Michigan also has a separate Recording Act (Act 133 of 1991) governing the recording of trust instruments and certificates.

I. TRUST IDENTIFICATION

The undersigned, being duly authorized, hereby certify the following information pursuant to the Michigan Estates and Protected Individuals Code, MCL § 700.7913:

1. Trust Name:
[________________________________]

// GUIDANCE: MCL § 700.7913(1)(a) requires the "name of the trust." This is a specific Michigan requirement — many UTC states do not require the trust's name to be stated.

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

3. Date of Each Operative Trust Instrument:

// GUIDANCE: MCL § 700.7913(1)(a) requires the date of "each operative trust instrument." This is broader than many UTC states and requires listing all instruments that are currently operative, including amendments and restatements.

4. Type of Trust:
☐ Revocable Living Trust
☐ Irrevocable Trust
☐ Testamentary Trust
☐ Special Needs Trust
☐ Charitable Trust
☐ Michigan Qualified Dispositions Trust (MCL § 700.1041 et seq.)
☐ Land Trust
☐ Other: [________________________________]

// GUIDANCE: Michigan enacted the Michigan Qualified Dispositions Trust Act in 2016 (MCL § 700.1041 et seq.), which permits self-settled asset protection trusts. If this is such a trust, additional provisions may be required.

5. Trust Situs:
The principal place of administration of the Trust is in [________________________________] County, Michigan.

II. SETTLOR / GRANTOR IDENTIFICATION

// GUIDANCE: While MCL § 700.7913 does not explicitly list the settlor identity as a mandatory element of the certificate, including this information is standard practice and typically required by Michigan financial institutions and title companies. Michigan law refers to the trust creator as the "settlor" (MCL § 700.7103).

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

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

III. TRUSTEE IDENTIFICATION

// GUIDANCE: MCL § 700.7913(1)(b) requires the "name and address of each current trustee." Note that Michigan specifically requires each current trustee's name and address.

1. Currently Acting Trustee(s):

2. Corporate Trustee (if applicable):
☐ Not applicable
☐ A corporate trustee serves as Trustee or Co-Trustee:
Entity Name: [________________________________]
Principal Office: [________________________________]
State of Organization: [________________________________]
Michigan Authority: ☐ Michigan-chartered institution ☐ Nationally chartered institution
☐ Other: [________________________________]

IV. CO-TRUSTEE AUTHORITY

// GUIDANCE: MCL § 700.7913(1)(e) requires disclosure of the authority of cotrustees to sign on behalf of the trust or otherwise authenticate on behalf of the trust and whether all or less than all of the cotrustees are required to exercise powers of the trustee. Note that Michigan uses the phrasing "sign on behalf of the trust" rather than just "sign."

1. Number of Currently Serving Co-Trustees: [____]

2. Authority of Co-Trustees to Sign on Behalf of the Trust:
☐ All co-trustees must sign on behalf of the Trust
☐ A majority of co-trustees may sign on behalf of the Trust
☐ Any single co-trustee may sign on behalf of the Trust
☐ Specific arrangement: [________________________________]

3. Whether All or Less Than All Co-Trustees Required:
☐ All co-trustees are required to exercise the powers of the trustee
☐ Less than all co-trustees may exercise the powers of the trustee, specifically:
☐ A majority
☐ Any one trustee
☐ Other: [________________________________]

V. REVOCABILITY STATUS

// GUIDANCE: MCL § 700.7913(1)(d) requires disclosure of the revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust.

1. Trust Status:
☐ The Trust is REVOCABLE
☐ The Trust is IRREVOCABLE
☐ The Trust was revocable but became irrevocable on [__/__/____] due to:
☐ Death of the Settlor
☐ Release of the power to revoke
☐ Expiration of the revocation period under the Trust Instrument
☐ Other: [________________________________]

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

3. Method of Revocation:
☐ Written instrument delivered to the Trustee
☐ Any method specified in the Trust Instrument
☐ As provided under MCL § 700.7602 (revocation of revocable trusts)
☐ Other: [________________________________]

VI. TRUSTEE POWERS RELATING TO THIS TRANSACTION

// GUIDANCE: MCL § 700.7913(1)(c) requires "the powers of the trustee relating to the purposes for which the certificate of trust is being offered." Michigan's statute is specific in requiring disclosure of powers related to the PURPOSE of the certificate, not all powers generally. This is a narrower and more targeted requirement than some other UTC states.

Purpose of This Certificate of Trust:
This Certificate of Trust is being offered in connection with the following transaction:
[________________________________]
[________________________________]

The Trust Instrument confers upon the Trustee(s) the following powers relevant to the above-stated purpose:

1. Real Property Powers (if applicable):
☐ Power to acquire, sell, exchange, and convey real property
☐ Power to execute warranty deeds, quitclaim deeds, and other conveyance instruments
☐ Power to mortgage, pledge, or otherwise encumber real property
☐ 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
☐ Power to execute land contracts under Michigan law

2. Financial Institution Powers (if applicable):
☐ Power to open, maintain, and close bank and investment accounts
☐ Power to deposit and withdraw funds
☐ Power to rent and access safe deposit boxes
☐ Power to borrow funds and pledge trust assets as security
☐ Power to invest and reinvest trust assets

3. Securities and Business Powers (if applicable):
☐ Power to acquire, hold, and dispose of securities
☐ Power to vote shares and exercise options
☐ Power to form, operate, or dissolve business entities
☐ Power to acquire, hold, and dispose of interests in LLCs, partnerships, and corporations

4. General Administrative Powers (if applicable):
☐ Power to employ attorneys, accountants, and agents
☐ Power to execute instruments and documents
☐ Power to compromise, settle, or abandon claims
☐ Power to make distributions to beneficiaries
☐ Power to make tax elections and file returns

5. Additional Powers Specific to This Transaction:
[________________________________]
[________________________________]

VII. TRUST PROPERTY PROVISIONS

// GUIDANCE: MCL § 700.7913(4) provides that a certificate of trust need not include the dispositive terms of the trust instrument.

1. Title to Trust Property:
☐ In the name of the Trust: [________________________________]
☐ In the name of the Trustee(s), as Trustee(s) of the Trust
☐ Other: [________________________________]

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

// GUIDANCE: If the trust is a grantor trust, the settlor's SSN may serve as the tax ID number. Confirm requirements with the requesting institution.

3. Trust Property Subject to This Certificate:
[________________________________]
[________________________________]

VIII. SUCCESSOR TRUSTEE PROVISIONS

1. Designated Successor Trustee(s):

2. Method of Succession:
☐ Automatic succession per the Trust Instrument
☐ Appointment by the Settlor during his or her lifetime
☐ Appointment by a designated person: [________________________________]
☐ Court appointment pursuant to MCL § 700.7704
☐ Other: [________________________________]

3. Conditions Triggering Succession:
☐ Death of the current Trustee
☐ Incapacity of the current Trustee
☐ Resignation of the current Trustee
☐ Removal of the current Trustee
☐ Other: [________________________________]

IX. STATUTORY CERTIFICATIONS AND REPRESENTATIONS

// GUIDANCE: MCL § 700.7913(3) requires a statement that the trust has not been revoked, modified, or amended in any manner that would cause the representations included in the certificate of trust to be incorrect.

The undersigned 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 included in this Certificate of Trust to be incorrect, as required by MCL § 700.7913(3).

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

3. The undersigned is/are duly authorized under Michigan law and the Trust Instrument to execute this Certificate of Trust.

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

5. No event has occurred that would terminate the Trust or alter the powers of the Trustee(s) as set forth herein.

6. This Certificate of Trust does not include the dispositive terms of the Trust Instrument, as permitted by MCL § 700.7913(4).

X. THIRD-PARTY RELIANCE AND PROTECTIONS

// GUIDANCE: MCL § 700.7913(6)-(8) provides protections for persons relying on a certificate of trust. Michigan's protections are robust, including an affirmative provision allowing enforcement against trust property.

Pursuant to MCL § 700.7913:

1. A person that acts in reliance on this Certificate of Trust without knowledge that the representations included herein are incorrect is not liable to any person for so acting and may assume without inquiry the existence of the trust and other facts included in this Certificate. (MCL § 700.7913(6))

2. A person that in good faith enters into a transaction in reliance on this Certificate of Trust may enforce the transaction against the trust property as if the representations included herein were correct. (MCL § 700.7913(7))

3. A person that makes a demand for the Trust Instrument in addition to this Certificate of Trust or excerpts of the Trust Instrument is liable for damages, costs, expenses, and legal fees if the court determines that the person that made the demand did not act pursuant to a legal requirement to demand the Trust Instrument. (MCL § 700.7913(8))

// GUIDANCE: Note that Michigan's subsection (8) uses slightly different language than the UTC standard — it refers to a person who "did not act pursuant to a legal requirement" to demand the trust instrument, rather than acting "in good faith." This may provide broader protection to trustees.

XI. RECIPIENT'S RIGHTS UNDER MICHIGAN LAW

Pursuant to MCL § 700.7913(5), the recipient of this Certificate of Trust may require the Trustee(s) to furnish copies of those excerpts from each trust instrument that:

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

XII. RECORDING PROVISIONS

// GUIDANCE: Michigan Act 133 of 1991 (MCL § 565.431 et seq.) governs the recording of trust instruments or certificates of trust with the Register of Deeds. This is a separate statutory scheme from the certificate of trust provision in the Michigan Trust Code. For real property transactions, recording the certificate of trust provides constructive notice.

MICHIGAN RECORDING NOTICE:

☐ This Certificate of Trust is intended to be recorded with the [________________________________] County Register of Deeds pursuant to MCL Act 133 of 1991.
☐ This Certificate of Trust is not intended for recording at this time.

Recording Information (if previously recorded):
☐ Liber [________], Page [________], [________________________________] County Register of Deeds, recorded on [__/__/____]
☐ Document Number: [________________________________]
☐ No prior Certificate of Trust has been recorded

// GUIDANCE: Michigan recording offices may use either a Liber/Page system or a document number system. Verify the system used in the applicable county.

XIII. GOVERNING LAW AND JURISDICTION

This Trust is governed by the laws of the State of Michigan, including the Michigan Trust Code (MCL Act 386 of 1998, Article VII, MCL §§ 700.7101 through 700.7913). The Probate Court of [________________________________] County, Michigan, has jurisdiction over matters relating to this Trust pursuant to MCL § 700.7201.

XIV. EXECUTION AND ACKNOWLEDGMENT

// GUIDANCE: MCL § 700.7913(2) provides that a certificate of trust may be signed or otherwise authenticated by the settlor, any trustee, or an attorney for the settlor or trustee. This is BROADER signing authority than most UTC states, which typically only permit a trustee to sign. The inclusion of the settlor and attorneys as authorized signatories is a distinctive Michigan provision.

AUTHORIZED SIGNATORIES UNDER MICHIGAN LAW:

This Certificate of Trust is executed by the following authorized person(s) pursuant to MCL § 700.7913(2):

☐ Trustee
☐ Settlor
☐ Attorney for the Trustee
☐ Attorney for the Settlor

EXECUTION:

The undersigned, being authorized under MCL § 700.7913(2) to execute this Certificate of Trust, do hereby certify under penalty of perjury that all statements and representations made herein are true, correct, and complete to the best of my/our knowledge, information, and belief.

Signature Block 1:

Signature: ________________________________________
Printed Name: [________________________________]
Capacity: ☐ Trustee ☐ Settlor ☐ Attorney for Trustee ☐ Attorney for Settlor
Date: [__/__/____]
Bar Number (if attorney): [________________________________]

Signature Block 2:

Signature: ________________________________________
Printed Name: [________________________________]
Capacity: ☐ Trustee ☐ Settlor ☐ Attorney for Trustee ☐ Attorney for Settlor
Date: [__/__/____]
Bar Number (if attorney): [________________________________]

Signature Block 3:

Signature: ________________________________________
Printed Name: [________________________________]
Capacity: ☐ Trustee ☐ Settlor ☐ Attorney for Trustee ☐ Attorney for Settlor
Date: [__/__/____]
Bar Number (if attorney): [________________________________]

NOTARIZATION

// GUIDANCE: MCL § 700.7913 does not expressly require notarization of a certificate of trust. However, notarization is strongly recommended and is practically necessary for: (1) real property transactions; (2) recording with the Register of Deeds under Act 133 of 1991; and (3) financial institution account openings. Michigan notarization is governed by MCL § 55.265 et seq.

STATE OF MICHIGAN
COUNTY OF [________________________________]

On this [____] day of [________________________________], 20[____], before me, a Notary Public in and for said County and State, personally appeared [________________________________], to me known to be the person(s) described in and who executed the foregoing Certificate of Trust, and acknowledged that he/she/they executed the same as his/her/their free act and deed.

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

[NOTARIAL SEAL]

PREPARED BY AND RETURN TO

// GUIDANCE: Michigan recording requirements typically require a "prepared by" and "return to" designation on recorded documents.

Prepared by:
[________________________________]
[________________________________]
[________________________________]
[________________________________]

After recording, return to:
[________________________________]
[________________________________]
[________________________________]
[________________________________]

XV. MICHIGAN-SPECIFIC NOTES AND REQUIREMENTS

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

1. Michigan Trust Code: The Michigan Trust Code is part of the Estates and Protected Individuals Code (EPIC), codified at MCL Act 386 of 1998, Article VII (MCL §§ 700.7101-700.7913). It took effect on April 1, 2010.

2. Terminology: Michigan uses "Certificate of Trust" (not "Certification of Trust"), reflecting its specific statutory language.

3. Broader Signing Authority: MCL § 700.7913(2) permits the settlor, any trustee, or an attorney for the settlor or trustee to sign the certificate. This is broader than the standard UTC provision and may be useful when a trustee is unavailable.

4. Purpose-Specific Powers: MCL § 700.7913(1)(c) requires disclosure of trustee powers "relating to the purposes for which the certificate of trust is being offered." Tailor the powers section to the specific transaction.

5. Recording Under Act 133 of 1991: Michigan has a separate statute (MCL Act 133 of 1991, § 565.431 et seq.) that governs the recording of trust instruments or certificates of trust with the Register of Deeds. This provides constructive notice of trust interests in real property.

6. Liability for Improper Demands: MCL § 700.7913(8) imposes liability for damages, costs, expenses, and legal fees on a person who demands the full trust instrument without a legal requirement to do so. This is a strong deterrent against unnecessary demands.

7. Michigan Qualified Dispositions Trust: If the trust is a Michigan Qualified Dispositions Trust under MCL § 700.1041 et seq. (asset protection trust), additional provisions and disclosures may be necessary.

8. Land Contracts: Michigan commonly uses land contracts for real property transactions. Ensure trustee powers include authority to execute land contracts if relevant.

9. Transfer Tax: Michigan imposes a state real estate transfer tax under MCL § 207.525 and a county transfer tax under MCL § 207.504. Verify applicability and any exemptions for trust transfers.

XVI. SOURCES AND REFERENCES

• MCL § 700.7913 - Certificate of Trust
• MCL § 700.7901 et seq. - Liability of Trustees and Rights of Persons Dealing with Trustee
• MCL Act 386 of 1998, Article VII - Michigan Trust Code
• MCL Act 133 of 1991 (§ 565.431 et seq.) - Recording Trust Instrument or Certificate of Trust
• MCL § 700.7704 - Vacancy in Trusteeship
• MCL § 700.7602 - Revocation of Revocable Trust
• MCL § 700.7201 - Probate Court Jurisdiction
• MCL § 700.1041 et seq. - Michigan Qualified Dispositions Trust Act
• MCL § 55.265 et seq. - Michigan Notary Public Act
• MCL § 207.525 - State Real Estate Transfer Tax
• MCL § 207.504 - County Real Estate Transfer Tax

This Certificate of Trust is furnished pursuant to MCL § 700.7913 and is intended solely for the purpose of establishing the existence of the Trust and the authority of the person(s) acting on behalf of the Trust as set forth herein. This Certificate does not include the dispositive terms of the Trust Instrument, as permitted by MCL § 700.7913(4).

[END OF CERTIFICATE OF TRUST]