New Hampshire Certification of Trust

CERTIFICATION OF TRUST

State of New Hampshire

Pursuant to N.H. Rev. Stat. Ann. § 564-B:10-1013

SECTION 1: TRUST EXISTENCE AND IDENTIFICATION

The undersigned, being a currently acting Trustee of the trust described herein, hereby provides this Certification of Trust as authorized by N.H. Rev. Stat. Ann. § 564-B:10-1013 and certifies, affirms, and represents the following:

Recipient: [________________________________] (a person other than a beneficiary receiving this certification instead of the full trust instrument under RSA 564-B:10-1013(a))

1.1 Trust Existence and Date

Pursuant to N.H. Rev. Stat. Ann. § 564-B:10-1013(a)(1), the undersigned certifies that a trust exists and the trust instrument was executed on:

Trust Name: [________________________________]

Date of Trust Agreement: [__/__/____]

Name of Grantor (under whose trust agreement the Trust was created): [________________________________]

(hereinafter referred to as the "Trust").

1.2 Type of Trust

☐ Inter vivos (living) trust created during the Grantor's lifetime
☐ Testamentary trust created under the Last Will and Testament of the decedent
☐ Irrevocable trust
☐ Directed trust with trust advisor(s)
☐ Other: [________________________________]

1.3 Trust Tax Identification

Federal Employer Identification Number (EIN): [________________________________]

☐ The trust uses another taxpayer identification number: [________________________________]

SECTION 2: GRANTOR/SETTLOR IDENTIFICATION

2.1 Identity of the Grantor

Pursuant to N.H. Rev. Stat. Ann. § 564-B:10-1013(a)(2), the identity of the Grantor (also referred to as Settlor or Trustor) of the Trust is:

2.2 Grantor Status

☐ The Grantor is currently living.
☐ The Grantor is deceased. Date of death: [__/__/____]

SECTION 3: TRUSTEE IDENTIFICATION

3.1 Currently Acting Trustee(s)

Pursuant to N.H. Rev. Stat. Ann. § 564-B:10-1013(a)(3), the identity and address of each currently acting Trustee is:

☐ The undersigned is the original Trustee named in the trust agreement.
☐ The undersigned is a successor Trustee who has assumed the duties of Trustee.

3.2 Successor Trustee(s)

The trust instrument designates the following successor Trustee(s):

☐ No successor Trustee is named in the trust instrument.

3.3 Successor Trustee Authority

If the undersigned acts as successor trustee, identify the succession provision or other authority and provide relevant excerpts if the recipient requests them. The special conclusive-effect rules for successor certificates in RSA 564-B:10-1013(k)(1) and (3) apply to the property-conveyance certificates described there.

SECTION 4: TRUSTEE POWERS

4.1 Trustee Powers Under Trust Agreement

Pursuant to N.H. Rev. Stat. Ann. § 564-B:10-1013(a)(4), the Trustee certifies only the powers actually held under the trust agreement and applicable law, including any selected below:

☐ To acquire, sell, exchange, convey, and otherwise deal with real and personal property
☐ To open, maintain, and close bank accounts and other financial accounts
☐ To borrow money and encumber trust property, including executing mortgages
☐ To lease trust property for any period
☐ To invest and reinvest trust assets in any form of property or investment
☐ To collect, receive, and give receipts for income and principal
☐ To employ attorneys, accountants, investment advisors, and other agents
☐ To execute and deliver deeds, assignments, contracts, and other instruments
☐ To manage, improve, insure, and protect trust property
☐ To prosecute, defend, compromise, and settle claims and litigation
☐ To vote stock, exercise options, and participate in corporate actions
☐ To make distributions to beneficiaries as provided in the trust instrument
☐ To convey any interest in personal property held in the Trust
☐ To convey any interest in real property held in the Trust
☐ To exercise all statutory powers under N.H. Rev. Stat. Ann. § 564-B:8-816
☐ Other powers: [________________________________]

4.2 Third-Party Protection Regarding Trustee Powers

For a certificate that qualifies under RSA 564-B:10-1013(k) and the specific conveyance described there, a purchaser or other third party without actual contrary knowledge is not:

(a) Bound to inquire whether the Trustee has the power under the trust agreement to engage in the transaction;

(b) Bound to inquire whether the Trustee is properly exercising such power; or

(c) Required to see to the application of any trust asset paid to the Trustee for a conveyance.

SECTION 5: REVOCABILITY AND POWER TO REVOKE

5.1 Revocability Status

Pursuant to N.H. Rev. Stat. Ann. § 564-B:10-1013(a)(5), the Trust is:

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

☐ Irrevocable — No person currently holds a power to revoke the Trust.

SECTION 6: CO-TRUSTEE AUTHORITY

6.1 Co-Trustee Signing Authority

Pursuant to N.H. Rev. Stat. Ann. § 564-B:10-1013(a)(6), if there is more than one currently acting Trustee:

☐ All co-Trustees must act jointly to exercise any power
☐ A majority of co-Trustees may exercise the powers of the Trustee
☐ Any one co-Trustee may independently exercise the powers of the Trustee
☐ The following specific arrangement applies: [________________________________]

SECTION 7: GOVERNING LAW AND TRUST SITUS

7.1 Governing Law

☐ The Trust is governed by the laws of the State of New Hampshire, specifically the New Hampshire Trust Code, N.H. Rev. Stat. Ann. Chapter 564-B.

☐ The Trust is governed by the laws of the State/Jurisdiction of [________________________________].

7.2 Place of Administration

The principal place of administration of the Trust is:

[________________________________]
[________________________________]
County of [________________________________], New Hampshire [________]

7.3 Jurisdiction

Trust matters are under the jurisdiction of the New Hampshire Circuit Court, Probate Division, for the county of: [________________________________]

SECTION 8: TRUST PROPERTY AND TITLE

8.1 Form of Title

Trust assets are held or to be held in the following name:

[________________________________]

8.2 Real Property Description (If Applicable)

If this Certification relates to a transaction involving real property situated in New Hampshire, the legal description is:

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

County: [________________________________], New Hampshire
Registry of Deeds Book/Page: [________________________________]

☐ See attached Exhibit A for complete legal description.

SECTION 9: RSA 564-B:10-1013(k) PROPERTY CONVEYANCE CERTIFICATE

9.1 Certificate Under RSA 564-B:10-1013(k) — Complete Only for a Qualifying Conveyance

☐ Real property conveyance — use the subsection (k) real estate certificate, execute it with deed formalities, and record it in the registry of deeds for the county where the property lies.

☐ Personal property conveyance — use the subsection (k)(2) certificate, sign with signature sworn to before a notary public, and deliver it to the transferee or transfer agent.

Property to be conveyed: [________________________________]

For the selected conveyance, and only if the trust instrument actually grants the stated power, the undersigned Trustee further certifies, pursuant to N.H. Rev. Stat. Ann. § 564-B:10-1013(k), that:

(a) The Trust described herein was created by the Grantor identified above under the trust agreement dated as set forth above;

(b) The undersigned is a duly appointed and currently acting Trustee of the Trust;

(c) The Trustee has full and absolute power under the trust agreement to convey the selected interest in the property identified above;

(d) No purchaser or third party dealing with the Trustee in connection with the conveyance of trust property is bound to inquire whether the Trustee has the power to engage in the transaction, whether the Trustee is properly exercising such power, or to see to the application of any trust asset paid to the Trustee.

SECTION 10: NEW HAMPSHIRE STATUTORY DISCLOSURES

10.1 Non-Disclosure of Dispositive Terms

Pursuant to N.H. Rev. Stat. Ann. § 564-B:10-1013(d), this Certification of Trust need not contain the dispositive terms of the trust. Under subsection (e), a recipient may require excerpts identifying the trustee and conferring the power to act in the pending transaction.

10.2 Third-Party Reliance Protection

Pursuant to N.H. Rev. Stat. Ann. § 564-B:10-1013(g), a person who in good faith enters into a transaction in reliance upon this Certification of Trust may enforce the transaction against the trust property as if the representations contained in the Certification were correct.

10.3 Knowledge Not Inferred from Trust Copy

Pursuant to N.H. Rev. Stat. Ann. § 564-B:10-1013(f), 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 upon this Certification.

10.4 Liability for Demanding Full Trust Instrument

Pursuant to N.H. Rev. Stat. Ann. § 564-B:10-1013(h), a person making a demand for the trust instrument in addition to this Certification of Trust or relevant excerpts is liable for damages if the court determines that the person did not act in good faith in demanding the trust instrument.

10.5 Real and Personal Property Conveyance Protection

In addition to the general reliance protections above, N.H. Rev. Stat. Ann. § 564-B:10-1013(j)-(k) provides a separate statutory certificate mechanism for conveyances of real estate (recorded in the registry of deeds for the county where the property lies) and personal property (a written certificate signed by the trustee with signature sworn to before a notary public and delivered to the transferee or transfer agent). A certificate that satisfies the applicable subsection (k) form and formalities is conclusive evidence and notice to third parties of the trustee's full and absolute power to convey the property described, subject to the statute's actual-knowledge qualification. The subsection follows the repeal of N.H. Rev. Stat. Ann. Chapter 564-A, effective September 24, 2024.

SECTION 11: CERTIFICATION AND AFFIRMATION

The undersigned Trustee hereby certifies, affirms, and represents under oath that:

(a) The Trust described herein currently exists and the trust agreement was duly executed on the date stated above;

(b) 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;

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

(d) The undersigned is a duly appointed, qualified, and currently acting Trustee of the Trust;

(e) If Section 9 was completed for a qualifying conveyance, the Trustee has the power under the trust agreement to convey the specifically identified interest in the property described there;

(f) This Certification is provided as authorized by N.H. Rev. Stat. Ann. § 564-B:10-1013.

SECTION 12: EXECUTION BY TRUSTEE(S)

Trustee Signature — First Trustee

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Trustee Signature — Second Trustee (if applicable)

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

SECTION 13: NOTARIZATION / OATH

STATE OF NEW HAMPSHIRE

COUNTY OF [________________________________]

On this [______] day of [________________________________], [________], before me, a Notary Public/Justice of the Peace for the State of New Hampshire, personally appeared:

[________________________________]

known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument, and being duly sworn, did depose and state that the matters set forth in the foregoing Certification of Trust are true, correct, and complete, and acknowledged that he/she/they executed the same in his/her/their capacity as Trustee(s) of the Trust described herein.

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

Notary Public/Justice of the Peace Signature: ________________________________________

Printed Name: [________________________________]

My Commission Expires: [__/__/____]

[NOTARY SEAL]

SECTION 14: NEW HAMPSHIRE-SPECIFIC PRACTICE NOTES

14.1 New Hampshire Trust Code

New Hampshire enacted the New Hampshire Trust Code, codified at N.H. Rev. Stat. Ann. Chapter 564-B. This form uses the certification provisions in RSA 564-B:10-1013.

14.2 Consolidated Certification Framework

Effective September 24, 2024 (2024 N.H. Laws ch. 292), the legislature repealed RSA Chapter 564-A in its entirety. Current RSA 564-B:10-1013 provides both a general certification and, in subsection (k), a property conveyance certificate with distinct formalities. Do not cite RSA 564-A:7 as current law.

14.4 Justices of the Peace

New Hampshire authorizes Justices of the Peace to perform notarial acts, including oaths and acknowledgments. A Justice of the Peace may perform the notarial act for this certification if the applicable RSA Chapter 456-B requirements are met.

14.5 Registry of Deeds

If Section 9 claims the special real estate conveyance certificate effect under RSA 564-B:10-1013(k), execute with deed formalities and record the certificate in the registry of deeds for the county where the property lies. A general certification under subsection (a) does not acquire subsection (k)'s conclusive effect merely because it relates to real property.

14.6 Amendments and Successor Certificates

If the trust is amended in a way that makes a representation here incorrect, issue a corrected certification before relying on it. A successor trustee should authenticate a new general certification under subsection (b); for a property conveyance certificate, follow the corresponding successor procedure in subsection (k)(1) or (3).

14.7 Privacy Protections

RSA 564-B:10-1013(d) permits a certification without dispositive terms. A recipient may request the trustee's designation and power-conferring excerpts under subsection (e).

This Certification of Trust has been prepared pursuant to and in compliance with the New Hampshire Trust Code, N.H. Rev. Stat. Ann. § 564-B:10-1013. This document should be reviewed by a New Hampshire-licensed attorney before execution.

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

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