CERTIFICATION OF TRUST

State of New Hampshire

Pursuant to N.H. Rev. Stat. Ann. § 564-B:10-1013
and N.H. Rev. Stat. Ann. § 564-A:7

// GUIDANCE: New Hampshire is unique in having TWO complementary statutory frameworks
// for certification of trust: (1) RSA 564-B:10-1013, part of the New Hampshire Trust
// Code (based on the UTC), and (2) RSA 564-A:7, the older "Certificate of Trust
// Existence" statute. This template incorporates provisions from both statutes.
// RSA 564-B:10-1013 governs the general certification of trust, while RSA 564-A:7
// specifically protects third parties dealing with trustees in property conveyances.

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:

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").

// GUIDANCE: RSA 564-B:10-1013 references a trust created "by a grantor under
// a trust agreement with a specified date." Identify the grantor and the
// specific date of the trust agreement.

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 the Grantor's Social Security Number as a grantor trust.

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

Pursuant to N.H. Rev. Stat. Ann. § 564-B:10-1013, a certificate signed by any successor to the Trustee, in writing, sworn to, and delivered in the same manner as this Certification, shall have the same force and effect as this Certification and shall conclusively establish the successor Trustee's power and authority to act on behalf of the Trust.

// GUIDANCE: New Hampshire specifically provides that successor trustee certificates
// have the same legal force as original trustee certificates, provided they are
// executed in the same form. See RSA 564-B:10-1013. This is an important provision
// for successor trustees seeking to establish their authority.

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 has full and absolute power in the trust agreement to act on behalf of the Trust, including but not limited to:

☐ 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: [________________________________]

// GUIDANCE: RSA 564-B:10-1013 emphasizes the trustee's "full and absolute power"
// to convey interests in trust property. Select all applicable powers that the
// trust instrument actually grants.

4.2 Third-Party Protection Regarding Trustee Powers

Pursuant to N.H. Rev. Stat. Ann. § 564-B:10-1013, no purchaser or third party dealing with the Trustee is:

(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.

// GUIDANCE: This third-party protection language is a significant feature of
// New Hampshire's certification statute. It provides broad protection to persons
// who rely on the certification when transacting with the Trustee.

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 Trust may be revoked or amended by the following person(s):

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

// GUIDANCE: Under New Hampshire law (RSA 564-B:6-602), a settlor may revoke or
// amend a revocable trust. The trust is revocable unless the terms of the trust
// expressly provide that the trust is irrevocable.

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: [________________________________]

// GUIDANCE: Under RSA 564-B:7-703, co-trustees must act by unanimous agreement
// unless the trust instrument provides otherwise. New Hampshire's default rule
// differs from the standard UTC provision requiring only majority action.

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 [________________________________].

// GUIDANCE: New Hampshire is a trust-friendly jurisdiction. New Hampshire does
// not impose a state income tax on trust income from intangible property for
// trusts where all beneficiaries are non-residents. This has made New Hampshire
// a popular trust situs. Verify governing law carefully, especially for trusts
// that may have been moved to New Hampshire from another state.

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.

// GUIDANCE: New Hampshire real property is typically described by reference to
// the Registry of Deeds book and page, lot number, or metes and bounds. Include
// the complete legal description and Registry of Deeds reference.

SECTION 9: RSA 564-A:7 CERTIFICATE OF TRUST EXISTENCE

// GUIDANCE: N.H. Rev. Stat. Ann. § 564-A:7 provides an independent statutory
// basis for a certificate of trust existence, particularly for real and personal
// property transactions. RSA 564-B:10-1013 expressly references RSA 564-A:7 and
// states that nothing in § 564-B:10-1013 expands, limits, or otherwise affects
// the provisions of RSA 564-A:7. Consider including this section for maximum
// third-party protection.

9.1 Certificate Under RSA 564-A:7

In addition to the Certification of Trust provided under RSA 564-B:10-1013, the undersigned Trustee further certifies, pursuant to N.H. Rev. Stat. Ann. § 564-A:7, 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 and authority under the trust agreement to convey any interest in real and/or personal property held in the Trust;

(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(b), this Certification of Trust need not contain the dispositive terms of the trust. The recipient is not entitled to require disclosure of the trust's distribution provisions.

10.2 Third-Party Reliance Protection

Pursuant to N.H. Rev. Stat. Ann. § 564-B:10-1013(f), 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(g), 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 Relationship to RSA 564-A:7

Nothing in this Certification under RSA 564-B:10-1013 is intended to expand, limit, or otherwise affect the protections provided under N.H. Rev. Stat. Ann. § 564-A:7 for persons dealing with a trustee in connection with the conveyance of real or personal property.

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) The Trustee has full and absolute power to convey interests in property held by the Trust as described herein;

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

SECTION 12: EXECUTION BY TRUSTEE(S)

// GUIDANCE: Under RSA 564-B:10-1013, the certification must be in writing and
// sworn to. Any trustee may sign the certification. A successor trustee's
// certificate, delivered in the same manner, has the same force and effect.

Trustee Signature — First Trustee

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Trustee Signature — Second Trustee (if applicable)

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

SECTION 13: NOTARIZATION / OATH

// GUIDANCE: New Hampshire requires the certification to be "sworn to" per
// RSA 564-B:10-1013. This requires administration of an oath or affirmation
// by a notary public or other authorized officer. New Hampshire notary
// requirements are governed by RSA Chapter 455.

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]

// GUIDANCE: In New Hampshire, both Notaries Public and Justices of the Peace
// may administer oaths and take acknowledgments. See RSA 455:3. If the
// certification will be recorded, the acknowledgment must comply with RSA
// Chapter 456 regarding acknowledgments of deeds and instruments.

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, based on the Uniform Trust Code. The state has positioned itself as a trust-friendly jurisdiction with favorable provisions for trust administration, including directed trusts, trust protectors, and quiet trusts.

14.2 Dual Certification Framework

Practitioners should be aware that New Hampshire provides two complementary certification mechanisms: RSA 564-B:10-1013 (the UTC-based certification) and RSA 564-A:7 (the older certificate of trust existence statute). For maximum protection in property transactions, consider including certifications under both statutes.

14.3 New Hampshire Trust Advantages

New Hampshire is recognized as a premier trust jurisdiction due to several favorable provisions: (a) no state income tax on trust income from intangible property for qualifying trusts; (b) strong asset protection provisions; (c) directed trust and trust advisor statutes; (d) perpetual (dynasty) trust capability; and (e) quiet trust provisions. Verify these advantages are relevant when advising clients on trust situs.

14.4 Justices of the Peace

Unlike many states, New Hampshire authorizes Justices of the Peace to administer oaths and take acknowledgments. A certification sworn before a Justice of the Peace is valid under New Hampshire law.

14.5 Registry of Deeds

If this Certification relates to real property, it should be recorded in the Registry of Deeds for the county in which the real property is situated. New Hampshire has ten counties, each with its own Registry of Deeds.

14.6 Amendments and Successor Certificates

If the trust is amended, a new Certification should be executed. If a successor Trustee assumes the role, the successor Trustee should execute a new certificate in writing, sworn to, and delivered in the same manner as the original, which will have the same legal force and effect.

14.7 Privacy Protections

New Hampshire has enacted "quiet trust" provisions that may allow grantors to limit the disclosure of trust information to beneficiaries. The certification of trust is designed to facilitate third-party transactions without requiring disclosure of the trust's dispositive terms, further protecting trust privacy.

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, and N.H. Rev. Stat. Ann. § 564-A:7. This document should be reviewed by a New Hampshire-licensed attorney before execution.

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

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