New Mexico Certification of Trust

CERTIFICATION OF TRUST

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

// GUIDANCE: This certification is authorized by the New Mexico Uniform Trust Code. Under Section 46A-10-1013, the trustee may furnish this certification in lieu of the full trust instrument. Confirm that the trust was validly created under Section 46A-4-402.

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):
[________________________________]

// GUIDANCE: List all amendment dates. If the trust has never been amended, state "None." If the trust was restated, provide the restatement date.

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

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

// GUIDANCE: Under Section 46A-10-1013, the certification may include the trust's EIN. For revocable trusts where the settlor's SSN is used, exercise caution regarding disclosure of personally identifiable information.

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:

// GUIDANCE: Select the applicable option below and delete the other. For co-trustee arrangements, Section 46A-7-703 governs default co-trustee decision-making rules.

☐ 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:

// GUIDANCE: Customize this list to reflect the actual powers granted in the trust instrument. Section 46A-8-816 enumerates specific statutory powers. Only include powers that are actually granted.

(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:

// GUIDANCE: Under Section 46A-10-1013(a)(9), if an action is to be undertaken through an agent, the certification must state that delegation is not prohibited by the trust instrument.

☐ 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:

// GUIDANCE: Under NMSA Section 46A-6-602, unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust. Confirm the trust instrument's express language on revocability.

☐ 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:

// GUIDANCE: In New Mexico, title to real property held in trust is typically taken in the name of the trustee(s). Confirm title vesting with the trust instrument.

☐ 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:

// GUIDANCE: If this certification is being provided in connection with a specific transaction, describe the relevant trust property here. For real property, include the legal description.

[________________________________]
[________________________________]
[________________________________]

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:

// GUIDANCE: Describe how successor trustees are appointed. Under NMSA Section 46A-7-704, a vacancy in a trusteeship of a noncharitable trust must be filled if the trust has no trustee.

[________________________________]
[________________________________]

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:

// GUIDANCE: New Mexico is a community property state. If trust property includes community property, additional disclosures or spousal consents may be required. Consult NMSA 1978, Section 40-3-8 et seq.

☐ 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, 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.

VIII. ADDITIONAL PROVISIONS

19. Excerpts from Trust Instrument:

// GUIDANCE: Under Section 46A-10-1013, a recipient may require the trustee to furnish excerpts from the trust instrument and later amendments that designate the trustee and confer the power to act in the pending transaction. Attach such excerpts if requested and label them as Exhibit A.

☐ 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

// GUIDANCE: Under Section 46A-10-1013, a certification of trust may be signed or otherwise authenticated by any trustee. However, for real property transactions, the recipient may require acknowledgment (notarization) to permit recording. The acknowledgment block below complies with the New Mexico Notarial Act, NMSA 1978, Sections 14-14-1 through 14-14-12.

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

// GUIDANCE: The following notes address New Mexico-specific considerations that practitioners should be aware of when using this template.

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. Trustee Liability for Refusal. Under Section 46A-10-1013(g), a person who in good faith refuses to accept a certification of trust is not liable for any loss resulting from that refusal. However, a person who demands the full trust instrument in lieu of a certification may be liable for damages if such demand is unreasonable.

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.