Mississippi Certification of Trust

CERTIFICATION OF TRUST

State of Mississippi

Pursuant to Miss. Code Ann. § 91-8-1013

// GUIDANCE: This certification must be signed by trustee(s) with signature authority
// and attested by a notary public. Per § 91-8-1013(1), the certification need not
// contain the dispositive provisions of the trust.

SECTION 1: TRUST IDENTIFICATION

The undersigned Trustee(s), being duly authorized and acting under the trust instrument described herein, hereby certify, affirm, and represent the following pursuant to Miss. Code Ann. § 91-8-1013:

1.1 Trust Existence and Date of Creation

The undersigned hereby affirm the current existence of a trust known as:

Trust Name: [________________________________]

(hereinafter referred to as the "Trust"), which came into existence on [__/__/____].

// GUIDANCE: If the trust was created by a last will and testament (testamentary trust),
// indicate the date of the testator's death rather than the date of the will's execution.

1.2 Type of Trust

The Trust is:

☐ An inter vivos (living) trust created during the Settlor's lifetime
☐ A testamentary trust created under the Last Will and Testament of the Settlor
☐ Other: [________________________________]

1.3 Trust Identification Number

The Trust's federal tax identification number (EIN) is: [________________________________]

// GUIDANCE: If the trust is a grantor trust using the Settlor's Social Security Number,
// indicate that here but exercise caution in disclosing SSNs to third parties.

SECTION 2: SETTLOR IDENTIFICATION

2.1 Identity of Settlor(s)

Pursuant to Miss. Code Ann. § 91-8-1013(1)(b), the Settlor(s) (also known as Grantor(s) or Trustor(s)) of the Trust is/are:

// GUIDANCE: Include all Settlors. For testamentary trusts, identify the decedent
// and provide the date of death and county of probate if applicable.

SECTION 3: TRUSTEE IDENTIFICATION AND AUTHORITY

3.1 Currently Acting Trustee(s)

Pursuant to Miss. Code Ann. § 91-8-1013(1)(c), the currently acting Trustee(s) of the Trust is/are:

3.2 Co-Trustee Signing Authority

Pursuant to Miss. Code Ann. § 91-8-1013(1)(f), in the event there is more than one Trustee serving at any time, the following signing authority applies:

☐ All currently serving Trustees must act jointly to exercise powers of the Trustee
☐ Any one (1) Trustee acting alone may exercise powers of the Trustee
☐ A majority of the currently serving Trustees may exercise powers of the Trustee
☐ Other arrangement: [________________________________]

// GUIDANCE: This provision is critical for financial institutions. Ensure this
// accurately reflects the co-trustee provisions in the trust instrument.

3.3 Successor Trustee(s)

Pursuant to Miss. Code Ann. § 91-8-1013(1)(c), the named successor Trustee(s), in order of priority, is/are:

☐ No successor Trustee is named in the trust instrument.

3.4 Conditions for Succession

The conditions under which a successor Trustee shall assume the duties of Trustee are as follows:

[________________________________]
[________________________________]
[________________________________]

// GUIDANCE: Common conditions include death, resignation, incapacity, or removal
// of the predecessor Trustee. Per § 91-8-1013(1)(c), the certification may include
// a statement that the recipient may rely on the authority of a successor trustee
// without proof of succession.

☐ The recipient of this Certification may rely on the authority of a successor Trustee identified herein without requiring independent proof of the succession event.

SECTION 4: TRUSTEE POWERS

4.1 Administrative and Managerial Powers

Pursuant to Miss. Code Ann. § 91-8-1013(1)(d), the following administrative and managerial powers of the Trustee are relevant to the pending transaction or request:

The Trustee has the power to:

☐ Open, maintain, and close bank accounts and deposit funds on behalf of the Trust
☐ Purchase, sell, exchange, transfer, and convey real and personal property
☐ Borrow money and encumber trust property, including executing deeds of trust and mortgages
☐ Execute promissory notes, contracts, leases, and other instruments
☐ Invest and reinvest trust assets in any form of property or investment
☐ Collect, receive, and receipt for rents, income, dividends, and other trust proceeds
☐ Employ attorneys, accountants, investment advisors, and other professionals
☐ Participate in mergers, reorganizations, and other corporate transactions
☐ Execute and deliver stock powers and other instruments of transfer
☐ Grant options and enter into contracts for the sale or purchase of property
☐ Manage, operate, and maintain real property, including making improvements
☐ Prosecute, defend, and settle claims on behalf of the Trust
☐ Make distributions to beneficiaries in accordance with the terms of the Trust
☐ Exercise all powers granted under Miss. Code Ann. § 91-8-816
☐ Other powers: [________________________________]

// GUIDANCE: Check only the powers that are actually granted in the trust instrument
// and relevant to the current transaction. Per § 91-8-1013(1)(d), only powers
// relevant to the pending transaction or request need be disclosed.

SECTION 5: REVOCABILITY STATUS

5.1 Revocability or Irrevocability

Pursuant to Miss. Code Ann. § 91-8-1013(1)(e), the Trust is:

☐ Revocable — The Trust may be revoked, amended, or modified by the following person(s) holding a power to revoke:

☐ Irrevocable — The Trust may not be revoked, amended, or modified.

// GUIDANCE: A trust that was originally revocable becomes irrevocable upon the
// death of the Settlor, unless otherwise provided. Indicate accordingly.

SECTION 6: TRUST PROPERTY AND REAL PROPERTY PROVISIONS

6.1 Form of Title

The Trust takes and holds title to assets in the following name:

[________________________________]

// GUIDANCE: Common titling examples include: "John Smith, Trustee of the John Smith
// Revocable Living Trust dated January 1, 2020" or "The John Smith Trust, U/A
// dated January 1, 2020."

6.2 Real Property Description

Pursuant to Miss. Code Ann. § 91-8-1013(1)(g), for transactions affecting real property, the legal description of the parcel(s) subject to this transaction is:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

County of Recordation: [________________________________], Mississippi

// GUIDANCE: Per § 91-8-1013(1)(g), a legal description is required for real
// property transactions. Include the full metes and bounds, lot and block, or
// section/township/range description. Attach Exhibit A if needed.

☐ See attached Exhibit A for complete legal description.

SECTION 7: GOVERNING LAW AND TRUST SITUS

7.1 Governing Law

The Trust is governed by the laws of the State of Mississippi, specifically the Mississippi Uniform Trust Code, Miss. Code Ann. §§ 91-8-101 through 91-8-1206.

7.2 Trust Situs

The principal place of administration of the Trust is:

[________________________________]
[________________________________]
County of [________________________________], Mississippi [________]

SECTION 8: MISSISSIPPI STATUTORY DISCLOSURES

8.1 Non-Disclosure of Dispositive Provisions

Pursuant to Miss. Code Ann. § 91-8-1013(2), this Certification of Trust does not contain the dispositive provisions of the Trust that set forth the distribution of the trust estate. A person may request the Trustee to furnish a copy of the dispositive provisions, but the Trustee is not required to do so.

8.2 Reliance by Third Parties

Pursuant to Miss. Code Ann. § 91-8-1013(4), a 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 contained in this Certification.

8.3 Liability for Refusal

Pursuant to Miss. Code Ann. § 91-8-1013(5), a person who in good faith refuses to accept a Certification of Trust is not liable for any resulting damages if the refusal is based on a reasonable belief that the Certification is not valid.

8.4 Scope of Protection

Pursuant to Miss. Code Ann. § 91-8-1013(6), a person who requires the Trustee to provide a copy of the complete trust instrument in addition to or in lieu of this Certification of Trust may be held liable for damages resulting from the refusal to accept this Certification.

// GUIDANCE: Sections 8.2 through 8.4 reflect the statutory protections afforded to
// third parties and should not be modified without legal counsel review.

SECTION 9: CERTIFICATION AND AFFIRMATION

9.1 Trustee Certification

The undersigned Trustee(s), pursuant to Miss. Code Ann. § 91-8-1013(1)(h), hereby certify and affirm that:

(a) The Trust described herein currently exists and has not been revoked;

(b) The Trust has not been modified or amended in any manner that would cause the representations contained in this Certification of Trust to be incorrect;

(c) The information provided herein is true, accurate, and complete to the best of the undersigned's knowledge and belief;

(d) The undersigned is/are the duly appointed, qualified, and currently acting Trustee(s) of the Trust with full authority to execute this Certification;

(e) The Trustee(s) agree(s) to hold harmless any person who acts in good faith reliance upon this Certification of Trust.

// GUIDANCE: Each acting trustee with signing authority must sign this certification.
// Mississippi requires notarial attestation under § 91-8-1013(1).

SECTION 10: EXECUTION BY TRUSTEE(S)

Trustee Signature — First Trustee

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Trustee Signature — Second Trustee (if applicable)

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Trustee Signature — Third Trustee (if applicable)

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

SECTION 11: NOTARIZATION

STATE OF MISSISSIPPI

COUNTY OF [________________________________]

Before me, the undersigned Notary Public, in and for the State and County aforesaid, on this [______] day of [________________________________], [________], personally appeared:

[________________________________]

☐ personally known to me, or
☐ proved to me on the basis of satisfactory evidence (type of identification: [________________________________])

to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument as the Trustee(s) of the Trust described herein.

WITNESS my hand and official seal.

Notary Public Signature: ________________________________________

Printed Name: [________________________________]

My Commission Expires: [__/__/____]

[NOTARY SEAL]

// GUIDANCE: Mississippi requires notarial attestation for the certification of trust
// under § 91-8-1013(1). Ensure the notary is commissioned in the State of Mississippi
// and that the notarial act complies with Miss. Code Ann. § 25-33-1 et seq.

SECTION 12: STATE-SPECIFIC NOTES AND PRACTICE ADVISORIES

12.1 Mississippi Uniform Trust Code

Mississippi adopted the Uniform Trust Code effective July 1, 2014, codified at Miss. Code Ann. §§ 91-8-101 through 91-8-1206. The certification of trust provisions under § 91-8-1013 provide a mechanism for trustees to prove their authority without disclosing the full terms of the trust.

12.2 Recording

If this Certification relates to a real property transaction, it may be recorded in the office of the Chancery Clerk of the county in which the real property is situated.

12.3 Amendment or Supplement

If the trust is subsequently amended in a manner that renders any representation in this Certification incorrect, the Trustee should execute a new or supplemental Certification of Trust reflecting the current terms.

12.4 Excerpts from Trust Instrument

Pursuant to Miss. Code Ann. § 91-8-1013(3), a recipient of this Certification may request that the Trustee furnish copies of excerpts from the trust instrument that designate the trustee and the trustee's powers. The Trustee may, in the Trustee's discretion, provide such excerpts.

12.5 Limitations

This Certification of Trust is not a substitute for the trust instrument itself and does not modify, amend, or supersede any provision of the trust instrument. In the event of any conflict between this Certification and the trust instrument, the trust instrument shall control.

This Certification of Trust has been prepared pursuant to and in compliance with the Mississippi Uniform Trust Code, Miss. Code Ann. § 91-8-1013. This document should be reviewed by a Mississippi-licensed attorney before execution.

EXHIBIT A — LEGAL DESCRIPTION OF REAL PROPERTY
(Attach if applicable)

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]