CERTIFICATION OF TRUST

(Pursuant to Missouri Revised Statutes § 456.10-1013)

TABLE OF CONTENTS

1. Purpose and Statutory Authority
2. Trust Identification and Existence
3. Taxpayer Identification Number
4. Settlor Information
5. Currently Acting Trustee Information
6. Trust Revocability and Revocation Power
7. Co-Trustee Signature Authority
8. Trustee Powers
9. Trust Property and Title
10. Amendments and Modifications
11. Exclusion of Dispositive Terms
12. Mandatory Certifications and Representations
13. Third-Party Reliance and Liability Protections
14. Missouri-Specific Statutory Requirements
15. Execution by All Trustees
16. Acknowledgment

1. PURPOSE AND STATUTORY AUTHORITY

// GUIDANCE: Missouri adopted the Uniform Trust Code effective January 1, 2005. RSMo § 456.10-1013 governs certifications of trust. A key Missouri-specific requirement is that the certification must be signed by ALL trustees, not just those with signatory authority. Additionally, a third party may require the certification to be acknowledged or guaranteed.

This Certification of Trust (this "Certification") is made and furnished pursuant to Missouri Revised Statutes § 456.10-1013, which is part of the Missouri Uniform Trust Code, RSMo § 456.1-101 et seq. The undersigned Trustee(s) furnish this Certification to evidence the existence and validity of the trust identified herein in lieu of providing a copy of the complete trust instrument, as authorized by Missouri law.

This Certification is intended to provide any person or entity dealing with the Trustee(s) sufficient information to rely upon in conducting business transactions with the Trust, without requiring disclosure of the dispositive provisions of the trust instrument.

2. TRUST IDENTIFICATION AND EXISTENCE

// GUIDANCE: RSMo § 456.10-1013 requires a statement that the trust exists and the date the trust instrument was executed. Provide precise details.

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

Full Legal Name of Trust: [________________________________]

Date Trust Instrument Was Executed: [__/__/____]

Type of Trust:

☐ Revocable Living Trust
☐ Irrevocable Living Trust
☐ Testamentary Trust (created under the Last Will and Testament of [________________________________], dated [__/__/____])
☐ Special Needs / Supplemental Needs Trust
☐ Charitable Remainder Trust
☐ Charitable Lead Trust
☐ Qualified Personal Residence Trust (QPRT)
☐ Grantor Retained Annuity Trust (GRAT)
☐ Other: [________________________________]

State of Situs: Missouri

County of Primary Administration: [________________________________]

Governing Law: The Trust is governed by the laws of the State of Missouri, including the Missouri Uniform Trust Code, RSMo § 456.1-101 et seq.

3. TAXPAYER IDENTIFICATION NUMBER

// GUIDANCE: RSMo § 456.10-1013 specifically requires the trust's taxpayer identification number. This is a Missouri-specific requirement not found in all UTC states. However, exercise caution: if the TIN is the Settlor's SSN (common for grantor trusts), consider the privacy implications.

Trust Taxpayer Identification Number:

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

☐ The Trust uses the Settlor's Social Security Number as its taxpayer identification number. The last four digits are: XXX-XX-[________]

// GUIDANCE: If the Settlor's SSN is used, consider whether to disclose the full number or only the last four digits. For revocable grantor trusts, the SSN is commonly used. For irrevocable trusts, a separate EIN from the IRS is required.

☐ The Trust's EIN application is pending with the Internal Revenue Service.

4. SETTLOR INFORMATION

// GUIDANCE: Include complete identification of the Settlor(s) who established the Trust.

Settlor 1 (Grantor/Trustor):

Full Legal Name: [________________________________]

Address: [________________________________]

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

☐ Currently living
☐ Deceased — Date of Death: [__/__/____]

Settlor 2 (if applicable):

Full Legal Name: [________________________________]

Address: [________________________________]

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

☐ Currently living
☐ Deceased — Date of Death: [__/__/____]

5. CURRENTLY ACTING TRUSTEE INFORMATION

// GUIDANCE: RSMo § 456.10-1013 requires all trustees to sign the certification. Identify every currently serving trustee. This is stricter than states that only require trustees with signatory authority to sign.

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

Trustee 1:

Full Legal Name: [________________________________]

☐ Individual ☐ Corporate/Institutional Trustee

Address: [________________________________]

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

Telephone: [________________________________]

Date Began Serving: [__/__/____]

☐ Original Trustee ☐ Successor Trustee

Trustee 2 (if applicable):

Full Legal Name: [________________________________]

☐ Individual ☐ Corporate/Institutional Trustee

Address: [________________________________]

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

Telephone: [________________________________]

Date Began Serving: [__/__/____]

☐ Original Trustee ☐ Successor Trustee

Trustee 3 (if applicable):

Full Legal Name: [________________________________]

☐ Individual ☐ Corporate/Institutional Trustee

Address: [________________________________]

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

Telephone: [________________________________]

Date Began Serving: [__/__/____]

☐ Original Trustee ☐ Successor Trustee

// GUIDANCE: Under Missouri law, ALL trustees listed above must sign this Certification. Failure to obtain all signatures renders the Certification deficient under RSMo § 456.10-1013.

6. TRUST REVOCABILITY AND REVOCATION POWER

// GUIDANCE: RSMo § 456.10-1013 requires disclosure of the revocability or irrevocability and the identity of any person holding a power to revoke.

A. Revocability Status:

☐ The Trust is REVOCABLE.

☐ The Trust is IRREVOCABLE.

☐ The Trust was originally revocable and became irrevocable upon:
☐ The death of the Settlor on [__/__/____]
☐ The express action of the Settlor on [__/__/____]
☐ The occurrence of a specified event: [________________________________]

B. Identity of Person(s) Holding Power to Revoke:

☐ Not applicable — the Trust is irrevocable.

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

Name: [________________________________]
Relationship to Trust: [________________________________]
Scope of Power: ☐ Full revocation ☐ Partial revocation

Name: [________________________________]
Relationship to Trust: [________________________________]
Scope of Power: ☐ Full revocation ☐ Partial revocation

7. CO-TRUSTEE SIGNATURE AUTHORITY

// GUIDANCE: RSMo § 456.10-1013 requires disclosure of whether all or less than all co-trustees must act to exercise trustee powers.

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

☐ There are multiple co-Trustees. The authority to act is as follows:

☐ ALL co-Trustees must act unanimously to exercise trustee powers.
☐ A MAJORITY of co-Trustees may exercise trustee powers.
☐ ANY ONE co-Trustee may act independently.
☐ Specific authority allocation: [________________________________]

Additional Co-Trustee Provisions:

☐ One co-Trustee has been designated as the administrative or managing Trustee with authority to act independently on routine matters.
☐ Certain powers require all co-Trustees to act, while others may be exercised individually: [________________________________]
☐ The trust instrument contains a deadlock resolution provision: [________________________________]

8. TRUSTEE POWERS

// GUIDANCE: List the administrative and managerial powers relevant to the current transaction. Missouri trustees also have statutory powers under RSMo § 456.8-816.

The currently acting Trustee(s) have been granted the following powers under the trust instrument and Missouri law, including but not limited to the powers enumerated in RSMo § 456.8-816:

A. Real Property Powers:

☐ To acquire, hold, sell, exchange, lease, and manage real property
☐ To execute and deliver deeds, deeds of trust, mortgages, leases, and other conveyances
☐ To improve, subdivide, develop, raze, or otherwise alter real property
☐ To grant and acquire easements, restrictive covenants, and rights of way
☐ To borrow money and encumber real property as security therefor
☐ To manage rental property and collect rents

B. Financial Powers:

☐ To open, maintain, and close accounts at banks, credit unions, and other financial institutions
☐ To deposit, withdraw, and transfer funds
☐ To invest and reinvest trust assets in all forms of property and securities
☐ To purchase, sell, and trade stocks, bonds, mutual funds, and other securities
☐ To borrow money and pledge trust assets as collateral
☐ To enter into and manage certificates of deposit and money market accounts

C. Business and Contractual Powers:

☐ To form, operate, and dissolve business entities
☐ To hold and exercise rights as an owner, shareholder, member, or partner
☐ To enter into, amend, and terminate contracts and agreements
☐ To employ and compensate agents, attorneys, accountants, investment advisors, and other professionals

D. Tax and Administrative Powers:

☐ To file tax returns and make tax elections
☐ To pay taxes, debts, charges, and expenses of trust administration
☐ To distribute income and principal to or for the benefit of beneficiaries
☐ To allocate receipts and disbursements between income and principal
☐ To exercise all powers granted by the Missouri Uniform Trust Code

E. Litigation and Claims Powers:

☐ To commence, prosecute, defend, and settle claims and lawsuits
☐ To compromise, arbitrate, and mediate disputes
☐ To retain legal counsel and authorize legal proceedings

9. TRUST PROPERTY AND TITLE

Manner of Holding Title:

Title to trust property shall be held as follows:

[________________________________], Trustee(s) of the [________________________________], U/A dated [__/__/____]

// GUIDANCE: Missouri practice commonly uses the format: "John A. Smith, Trustee of the Smith Family Trust, U/A dated January 1, 2020." For multiple trustees: "John A. Smith and Jane B. Smith, Co-Trustees of the Smith Family Trust, U/A dated January 1, 2020." "U/A" means "Under Agreement."

Property Related to Current Transaction (if applicable):

☐ Real property located at: [________________________________]

County: [________________________________] State: Missouri

Legal Description: [________________________________]

Parcel/Locator Number: [________________________________]

☐ Financial account(s) at: [________________________________]

Account Number(s): [________________________________]

☐ Investment account(s): [________________________________]

☐ Vehicle(s): [________________________________]

☐ Other: [________________________________]

10. 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:

Date: [__/__/____] Type: ☐ Amendment ☐ Complete Restatement
Description: [________________________________]

Date: [__/__/____] Type: ☐ Amendment ☐ Complete Restatement
Description: [________________________________]

Date: [__/__/____] Type: ☐ Amendment ☐ Complete Restatement
Description: [________________________________]

// GUIDANCE: Carefully review all amendments to confirm they do not affect the accuracy of the representations made in this Certification.

11. EXCLUSION OF DISPOSITIVE TERMS

// GUIDANCE: RSMo § 456.10-1013 expressly provides that a certification of trust need not contain the dispositive terms of a trust.

Pursuant to RSMo § 456.10-1013, this Certification does not contain and is not required to contain the dispositive terms of the Trust. The dispositive terms set forth the distribution provisions of the trust estate and are confidential. Third parties are not entitled to demand disclosure of the dispositive terms as a condition of transacting business with the Trust.

12. MANDATORY CERTIFICATIONS AND REPRESENTATIONS

// GUIDANCE: RSMo § 456.10-1013 requires that the certification state the trust has not been revoked, modified, or amended in a manner that would make the representations incorrect.

The undersigned Trustee(s), pursuant to RSMo § 456.10-1013, do hereby certify, represent, and declare as follows:

A. The Trust identified in this Certification currently exists, is validly established under the laws of the State of Missouri, and has not been revoked or terminated.

B. The date of execution of the trust instrument is as stated in Section 2 of this Certification.

C. The undersigned constitute ALL of the currently acting Trustees of the Trust and are duly appointed, qualified, and authorized to act.

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

E. The powers set forth in Section 8 accurately reflect the powers granted to the Trustee(s) under the trust instrument and applicable Missouri law.

F. The taxpayer identification number provided in Section 3 is the correct identification number assigned to or used by the Trust.

G. All information provided in this Certification is true and correct to the best of the Trustee's knowledge.

13. THIRD-PARTY RELIANCE AND LIABILITY PROTECTIONS

// GUIDANCE: RSMo § 456.10-1013 provides specific protections for third parties who rely on a certification of trust. These provisions are important for the recipient of this Certification.

Pursuant to RSMo § 456.10-1013:

A. Any person who acts in reliance upon this Certification of Trust without knowledge that the representations contained herein are incorrect is not liable to any person for so acting and may assume without inquiry the existence of the facts stated 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. Knowledge of the terms of the Trust may not be inferred solely from the fact that a person holds a copy of all or part of the trust instrument.

D. A person who, in addition to this Certification, demands a copy of the trust instrument or excerpts thereof may be liable for costs, expenses, reasonable attorney's fees, and damages if a court determines that the demand was not made in good faith.

14. MISSOURI-SPECIFIC STATUTORY REQUIREMENTS

// GUIDANCE: The following highlights distinguish Missouri's certification of trust provisions from those of other states.

A. All Trustees Must Sign: Unlike many UTC states that only require trustees with signatory authority to sign, Missouri law (RSMo § 456.10-1013) requires that the certification of trust be signed by ALL trustees. This is a critical requirement for compliance with Missouri law.

B. Acknowledgment or Guarantee: A third party may require that the certification of trust be acknowledged (notarized) or guaranteed. While not mandated by statute for all transactions, acknowledgment is required for recording real property documents under Missouri law. See RSMo § 442.130.

C. Taxpayer Identification Number Required: Missouri specifically requires disclosure of the trust's taxpayer identification number in the certification. This requirement is not universal among UTC states.

D. Missouri Uniform Trust Code: Missouri adopted the Uniform Trust Code effective January 1, 2005, codified at RSMo § 456.1-101 et seq. The certification of trust provisions are found at RSMo § 456.10-1013.

E. Recording of Certification: For real property transactions in Missouri, this Certification may be recorded with the Recorder of Deeds in the county where the property is situated. The recorded certification provides constructive notice of the trust's existence and the Trustee's authority.

F. Trust Protector Provisions: If the Trust includes a trust protector (permitted under RSMo § 456.8-808), the trust protector's authority does not need to be disclosed in this Certification unless relevant to the current transaction.

15. EXECUTION BY ALL TRUSTEES

// GUIDANCE: Missouri requires ALL currently acting trustees to sign. Ensure every trustee listed in Section 5 executes below.

IN WITNESS WHEREOF, the undersigned, being ALL of the currently acting Trustees of the Trust identified herein, do hereby execute this Certification of Trust as of the date(s) set forth below, pursuant to RSMo § 456.10-1013.

TRUSTEE SIGNATURE(S):

Trustee 1:

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Trustee 2 (if applicable):

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Trustee 3 (if applicable):

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

16. ACKNOWLEDGMENT

// GUIDANCE: While not required for all transactions, a third party may require acknowledgment under RSMo § 456.10-1013. Notarization IS required for recording with the Recorder of Deeds. Use the Missouri statutory acknowledgment form.

STATE OF MISSOURI

COUNTY OF [________________________________]

On this [______] day of [________________], [________], before me, the undersigned Notary Public in and for said County and State, 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 that he/she/they executed the same as Trustee(s) of the Trust identified herein for the purposes therein stated.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written.

Signature of Notary Public: ________________________________________

Printed Name of Notary: [________________________________]

My Commission Expires: [__/__/____]

Commissioned in: [________________________________] County, Missouri

[NOTARY SEAL]

ATTACHMENTS

☐ No attachments are included with this Certification.

☐ The following attachments are included:

☐ Excerpt(s) from the trust instrument regarding Trustee powers
☐ Copy of IRS EIN assignment (Form SS-4 or Letter 147C)
☐ Exhibit A — Legal Description of Real Property
☐ Copy of Trustee identification documents
☐ Other: [________________________________]

This Certification of Trust is made pursuant to Missouri Revised Statutes § 456.10-1013 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: [__________]

Missouri Bar Number (if applicable): [________________________________]