New Mexico Certification of Trust

CERTIFICATION OF TRUST

Pursuant to NMSA 1978, Section 46A-10-1013

STATE OF NEW MEXICO

COUNTY OF [________________________________]

I. TRUST IDENTIFICATION

The undersigned Trustee(s), being duly sworn or affirmed, hereby certify the following pursuant to NMSA 1978, Section 46A-10-1013:

1. Trust Name:
[________________________________]

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

3. Date(s) of Any Amendment(s) or Restatement(s):
[________________________________]

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

5. Trust Tax Identification Number (EIN):
[________________________________]

6. Trust Situs / Governing Law:
The trust is governed by the laws of the State of New Mexico, in accordance with NMSA 1978, Chapter 46A (Uniform Trust Code).

II. TRUSTEE IDENTIFICATION AND AUTHORITY

7. Currently Acting Trustee(s):

8. Trustee Authority to Act:

Pursuant to NMSA 1978, Section 46A-10-1013, the undersigned Trustee(s) certify:

☐ Sole Trustee. The trust has a single Trustee who has full authority to act on behalf of the trust in all matters.

☐ Co-Trustees: All Required. The trust has multiple Trustees, and all currently acting Trustees are required to act jointly in the exercise of the powers of the Trustee.

☐ Co-Trustees: Majority Required. The trust has multiple Trustees, and a majority of the currently acting Trustees may exercise the powers of the Trustee.

☐ Co-Trustees: Any One May Act. The trust has multiple Trustees, and any one Trustee may exercise the powers of the Trustee independently.

☐ Co-Trustees: Specific Allocation. The powers of the Trustees are specifically allocated as follows:
[________________________________]

III. POWERS OF THE TRUSTEE

9. General Powers:

The Trustee(s) possess(es) the following powers, as granted by the trust instrument and as authorized by NMSA 1978, Section 46A-8-816:

(a) To collect, hold, manage, and administer trust property;

(b) To acquire or sell real or personal property, including the power to execute deeds, contracts, and other instruments;

(c) To lease trust property for any term, including terms extending beyond the duration of the trust;

(d) To borrow money, with or without security, and to encumber trust property, including trust real property, by mortgage, deed of trust, or other instrument;

(e) To deposit trust funds in financial institutions, including accounts in the name of the trust;

(f) To invest and reinvest trust property in accordance with the Uniform Prudent Investor Act, NMSA 1978, Sections 45-7-601 through 45-7-612;

(g) To participate in the operation of any business or other enterprise and to effect incorporation, dissolution, or other change in the form of the organization of the business or enterprise;

(h) To grant options involving the sale or disposition of trust property;

(i) To insure the property of the trust against damage or loss, and to insure the Trustee against liability with respect to third persons;

(j) To pay, contest, or settle any claim against the trust, and to release or assign any claim held by the trust;

(k) To distribute trust income and principal in accordance with the terms of the trust instrument;

(l) To employ attorneys, accountants, investment advisors, agents, and other professionals; and

(m) To execute and deliver all instruments which may be necessary or appropriate to carry out the powers granted herein.

10. Delegation of Authority:

☐ The trust instrument permits the Trustee(s) to delegate powers and duties to agents, and delegation of the action contemplated in the pending transaction to an agent is not prohibited by the trust instrument.

☐ The trust instrument does not permit the Trustee(s) to delegate powers to agents.

IV. REVOCABILITY STATUS

11. Revocability of the Trust:

Pursuant to NMSA 1978, Section 46A-10-1013, the undersigned Trustee(s) certify:

☐ Revocable. The trust is revocable. The following person(s) hold(s) the power to revoke the trust:

☐ Irrevocable. The trust is irrevocable and may not be revoked by any person.

☐ Conditionally Irrevocable. The trust became irrevocable upon the occurrence of the following event:
[________________________________]

V. TRUST PROPERTY PROVISIONS

12. Manner of Taking Title:

Title to trust property is held as follows:

☐ In the name of the Trustee(s), as Trustee(s) of the [________________________________] Trust, dated [__/__/____].

☐ In the name of the Trust directly, as: [________________________________]

☐ Other: [________________________________]

13. Description of Property Subject to This Certification:

[________________________________]
[________________________________]
[________________________________]

VI. SUCCESSOR TRUSTEE PROVISIONS

14. Successor Trustee(s):

The trust instrument designates the following successor Trustee(s) to serve in the event of the death, resignation, incapacity, or removal of a currently acting Trustee:

15. Method of Trustee Succession:

[________________________________]
[________________________________]

VII. STATUTORY REPRESENTATIONS AND DISCLOSURES

16. Representations Pursuant to NMSA 1978, Section 46A-10-1013:

The undersigned Trustee(s) hereby represent and certify that:

(a) The trust identified herein exists and has not been revoked, modified, or amended in any manner that would cause the representations contained in this Certification of Trust to be incorrect;

(b) This Certification of Trust is made pursuant to NMSA 1978, Section 46A-10-1013, and accurately reflects the terms of the trust relevant to the matters set forth herein;

(c) The undersigned are all of the currently acting Trustees of the trust;

(d) The Trustee(s) have the authority to engage in the transaction for which this Certification is being provided;

(e) There are no limitations on the powers of the Trustee(s) that would restrict or prevent the Trustee(s) from acting in the pending transaction, except as may be noted herein; and

(f) This Certification of Trust does not contain the dispositive terms of the trust, and no party receiving this Certification shall be deemed to have knowledge of the trust's dispositive provisions solely by reason of receiving this Certification.

17. Community Property Disclosure:

☐ The trust holds or may hold community property. Appropriate consents have been obtained as required by New Mexico community property law.

☐ The trust does not hold community property.

☐ Not applicable.

18. Liability Protection for Third Parties:

Pursuant to NMSA 1978, Section 46A-10-1013(F), 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. 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. Pursuant to Section 46A-10-1013(G), 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 in this Certification were correct.

VIII. ADDITIONAL PROVISIONS

19. Excerpts from Trust Instrument:

☐ Excerpts from the trust instrument are attached hereto as Exhibit A and incorporated by reference.

☐ No excerpts are attached. The recipient has not requested excerpts pursuant to Section 46A-10-1013.

20. Prior Certifications:

☐ This is the first Certification of Trust issued for the above-referenced trust.

☐ Prior Certifications of Trust have been issued. This Certification supersedes all prior certifications to the extent of any inconsistency.

IX. EXECUTION AND ACKNOWLEDGMENT

IN WITNESS WHEREOF, the undersigned Trustee(s) have executed this Certification of Trust on this [____] day of [________________], [________].

Trustee Signature:

_________________________________________
[________________________________]
Trustee of the [________________________________] Trust
Dated [__/__/____]

Date: [__/__/____]

Trustee Signature (if applicable):

_________________________________________
[________________________________]
Trustee of the [________________________________] Trust
Dated [__/__/____]

Date: [__/__/____]

X. NOTARIZATION

STATE OF NEW MEXICO

COUNTY OF [________________________________]

On this [____] day of [________________], [________], before me, the undersigned Notary Public, personally appeared:

[________________________________]

☐ personally 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 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.

WITNESS my hand and official seal.

_________________________________________
Notary Public, State of New Mexico
My Commission Expires: [__/__/____]

[NOTARY SEAL]

XI. STATE-SPECIFIC NOTES

A. Uniform Trust Code Adoption. New Mexico adopted the Uniform Trust Code effective July 1, 2003 (codified at NMSA 1978, Chapter 46A). The certification of trust provisions are found at Section 46A-10-1013.

B. Community Property State. New Mexico is a community property state. When trust property includes community property, both spouses may need to consent to the trust's creation or to specific transactions. Counsel should review the trust instrument and applicable provisions of NMSA 1978, Sections 40-3-1 through 40-3-17.

C. Real Property Recording. For certifications used in connection with real property transactions, the certification should be acknowledged (notarized) to permit recording with the County Clerk's office. Recording fees are established by NMSA 1978, Section 14-8-7.

D. No Requirement to Disclose Dispositive Terms. Under Section 46A-10-1013, a certification of trust need not contain the dispositive terms of the trust. A recipient of this certification may not require the trustee to furnish the entire trust instrument.

E. Reliance and Liability. A person who acts in reliance upon a certification of trust without knowledge that the representations contained therein are incorrect is not liable to any person for so acting. This protection extends to financial institutions, title companies, and other third parties.

F. Agent Delegation. If an action is to be undertaken through an agent, Section 46A-10-1013(A)(9) requires the certification to state whether delegation of the action to an agent is prohibited by the trust instrument.

G. Demand for Full Trust Instrument. Under Section 46A-10-1013(H), a person who demands the trust instrument in addition to a certification of trust or excerpts is liable for damages if a court determines that the person did not act in good faith in demanding the trust instrument. The statute does not create liability for a person who simply declines to accept a certification of trust; Subsection H addresses only bad-faith demands for the full instrument.

This Certification of Trust is made under the laws of the State of New Mexico and is intended to comply with all requirements of NMSA 1978, Section 46A-10-1013. This document does not contain the dispositive terms of the trust.