Nevada Certification of Trust

CERTIFICATION OF TRUST

(Affidavit Form Pursuant to NRS 164.400 and NRS 164.410)

STATE OF NEVADA

COUNTY OF [________________________________]

I. AFFIDAVIT AND TRUST IDENTIFICATION

The undersigned, being all of the currently acting Trustees of the trust identified below, having been first duly sworn, depose and state under oath as follows, pursuant to NRS 164.400 and NRS 164.410:

1. Trust Name:
[________________________________]

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

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

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

5. Trust Tax Identification Number:

☐ The trust's Employer Identification Number (EIN) is: [________________________________]

☐ The trust uses the Settlor's Social Security Number (last four digits): [____]

6. Trust Situs and Governing Law:
The trust is situated in the State of Nevada and is governed by the laws of the State of Nevada, including but not limited to NRS Chapters 163, 164, and 166, as applicable.

II. TRUSTEE IDENTIFICATION AND AUTHORITY

7. Currently Acting Trustee(s):

8. Co-Trustee Authority:

Pursuant to NRS 164.410(e), the undersigned certify:

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

☐ Co-Trustees: All Must Act. All of the currently acting Trustees must act jointly to exercise the powers of the Trustee.

☐ Co-Trustees: Majority May Act. A majority of the currently acting Trustees may exercise the powers of the Trustee.

☐ Co-Trustees: Any One May Act. Any one Trustee may independently exercise the powers of the Trustee.

☐ Co-Trustees: Specific Allocation. Powers are allocated among Trustees as follows:
[________________________________]

9. Trust Advisor / Trust Protector / Distribution Advisor (if applicable):

☐ The trust instrument appoints the following Trust Advisor(s), Trust Protector(s), or Distribution Advisor(s):

☐ The trust does not have a Trust Advisor, Trust Protector, or Distribution Advisor.

III. POWERS OF THE TRUSTEE

10. Trustee Powers:

Pursuant to NRS 164.410(c), the Trustee(s) possess(es) the following powers as granted by the trust instrument and applicable Nevada law:

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

(b) To acquire, sell, exchange, or otherwise dispose of real or personal property, and to execute all instruments necessary for such transactions;

(c) To lease, sublease, or grant options in trust property for any term;

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

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

(f) To invest and reinvest trust property in accordance with the Nevada Prudent Investor Act and the terms of the trust instrument;

(g) To continue or participate in the operation of any business or enterprise forming part of the trust estate;

(h) To compromise, contest, arbitrate, or settle claims for or against the trust;

(i) To insure trust property and to insure the Trustee(s) against liability;

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

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

(l) To make tax elections and to file tax returns on behalf of the trust;

(m) To establish and maintain accounts at banks, brokerage firms, and other financial institutions; and

(n) To execute and deliver all instruments necessary or appropriate to carry out the powers and duties of the Trustee(s).

11. Restrictions on Trustee Powers:

☐ There are no restrictions on the powers of the Trustee(s) that are material to the pending transaction.

☐ The following restrictions apply to the powers of the Trustee(s):
[________________________________]
[________________________________]

IV. REVOCABILITY STATUS

12. Revocability of the Trust:

Pursuant to NRS 164.410(d):

☐ 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.

☐ Irrevocable Asset Protection Trust. The trust is an irrevocable self-settled spendthrift trust established under NRS Chapter 166. The trust may not be revoked by any person, and includes spendthrift provisions restricting voluntary and involuntary transfers of beneficiary interests.

☐ Became Irrevocable. The trust became irrevocable upon the following event:
[________________________________]

V. ASSET PROTECTION TRUST PROVISIONS

13. Self-Settled Spendthrift Trust Status:

☐ This section is not applicable. The trust is not a self-settled spendthrift trust under NRS Chapter 166.

☐ This trust IS a self-settled spendthrift trust established pursuant to NRS 166.040, and the following representations are made:

(a) The trust is irrevocable, does not require that any part of the income or principal of the trust be distributed to the Settlor, and was not created with the intent to hinder, delay, or defraud known creditors, as required by NRS 166.040(1)(b) for a trust benefiting the Settlor;

(b) The Settlor may still receive discretionary distributions and may retain certain powers (including preventing a distribution, a special power of appointment, or management powers such as removing and replacing a Trustee or directing investments) without disqualifying the trust from this subsection, as provided in NRS 166.040(2) and (3);

(c) At least one Trustee is a natural person who resides and is domiciled in Nevada, or is a trust company or bank with trust powers that maintains an office in Nevada, as required by NRS 166.015(2);

(d) The trust instrument includes a spendthrift provision restricting both voluntary and involuntary transfer of the interest of any beneficiary, as provided under NRS 166.020; and

(e) Some or all of the trust assets are deposited in Nevada or are otherwise administered in Nevada by a Nevada trustee, consistent with the situs requirements of NRS 166.015(1).

14. Statute of Limitations Disclosure:

The Trustee(s) acknowledge that the statute of limitations for creditor challenges under NRS 166.170 applies to transfers made to this trust, and that the trust has been administered in compliance with NRS Chapter 166.

VI. TRUST PROPERTY PROVISIONS

15. Form of Title:

Pursuant to NRS 164.410(g), title to assets of the trust is taken in the following form:

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

☐ In the name of the Trust: [________________________________]

☐ Other: [________________________________]

16. Description of Property Subject to This Certification:

[________________________________]
[________________________________]
[________________________________]

VII. SUCCESSOR TRUSTEE PROVISIONS

17. Successor Trustee(s):

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

18. Method of Trustee Succession:
[________________________________]
[________________________________]

VIII. STATUTORY REPRESENTATIONS AND REQUIRED CERTIFICATIONS

19. Representations Pursuant to NRS 164.400 and NRS 164.410:

The undersigned, being all of the currently acting Trustees, represent, certify, and swear under oath that:

(a) The trust identified herein exists and was validly created under the laws of the State of Nevada;

(b) The trust has not been revoked or amended in any manner that would make any representations contained in this Certification incorrect, as required by NRS 164.410;

(c) The signatures hereon are those of all the currently acting Trustees, as required by NRS 164.400;

(d) The information contained in this Certification is true and correct as of the date of execution;

(e) This Certification is presented pursuant to NRS 164.400 in lieu of a copy of the trust instrument;

(f) The Trustee(s) have the authority to conduct the transaction for which this Certification is being provided; and

(g) There are no pending proceedings or actions that would affect the validity of this trust or the authority of the Trustee(s), except as disclosed herein.

20. Third-Party Reliance:

Pursuant to NRS 164.430, 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; a transaction entered into in such reliance, and any lien created thereby, is fully enforceable against the assets of the trust unless the person knows that the Trustee is acting outside the scope of the trust. Pursuant to NRS 164.420, this Certification need not contain the dispositive provisions of the trust, but the recipient may require copies of excerpts from the trust instrument that designate the Trustee or confer upon the Trustee the power to act in the pending transaction.

IX. ADDITIONAL DISCLOSURES

21. Nevada Tax Considerations:

The Trustee(s) acknowledge that the trust is governed by Nevada law and note that Nevada does not impose a state income tax on trust income. Federal tax reporting obligations remain applicable.

22. Trust Duration:

☐ The trust has a specified termination date or event: [________________________________]

☐ The trust is a dynasty trust with no specified termination date, consistent with NRS 111.1031.

☐ Other: [________________________________]

X. EXECUTION AND ACKNOWLEDGMENT

AFFIDAVIT

The undersigned affiants, being first duly sworn, depose and say that the foregoing statements are true and correct to the best of their knowledge and belief.

Trustee Signature:

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

Date: [__/__/____]

Trustee Signature (if applicable):

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

Date: [__/__/____]

Trustee Signature (if applicable):

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

Date: [__/__/____]

XI. NOTARIZATION / ACKNOWLEDGMENT

STATE OF NEVADA

COUNTY OF [________________________________]

Signed and sworn to (or affirmed) before me on [__/__/____] (date) by:

[________________________________]
[________________________________]
[________________________________]

(name(s) of person(s) making statement), pursuant to NRS 240.167.

_________________________________________
Signature of Notarial Officer
Notary Public, State of Nevada
My Commission Expires: [__/__/____]
Notary Public Appointment Number: [________________________________]

[NOTARY SEAL, if any]

XII. STATE-SPECIFIC NOTES

A. Affidavit Requirement. Unlike many states that permit a single trustee to sign a certification of trust, Nevada requires the certification to be in the form of an affidavit signed and acknowledged by ALL currently acting trustees (NRS 164.400). Failure to obtain all signatures renders the certification non-compliant.

B. Major Trust Jurisdiction. Nevada is widely recognized as one of the premier trust jurisdictions in the United States due to its favorable trust laws, including: no state income tax; domestic asset protection trusts (NRS Chapter 166); directed trust statutes (NRS 163.5547-163.556); dynasty trust provisions (NRS 111.1031); and decanting statutes (NRS 163.556).

C. Domestic Asset Protection Trusts (DAPTs). Nevada permits self-settled spendthrift trusts under NRS 166.040. Key requirements include: (i) irrevocability; (ii) no mandatory distributions to the settlor; (iii) no intent to defraud known creditors; (iv) at least one Nevada-resident trustee; (v) spendthrift provision; and (vi) a two-year statute of limitations for creditor challenges (NRS 166.170). Nevada does not recognize exception creditors, providing broader protection than most DAPT states.

D. Directed Trusts. Under NRS 163.5547 through 163.556, Nevada permits bifurcation of trust functions among trustees, trust advisors, trust protectors, and distribution advisors. The certification should identify all fiduciaries with authority over the transaction.

E. No State Income Tax. Nevada does not impose a state income tax on individuals or trusts, making it an attractive situs for trusts with significant income-generating assets.

F. Dynasty Trust Provisions. Nevada's statutory rule against perpetuities (NRS 111.1031) allows a nonvested property interest to vest or terminate up to 365 years after its creation, in lieu of the common-law "lives in being plus 21 years" test, which in practice permits Nevada dynasty trusts (holding real or personal property) to run for up to 365 years. NRS 111.1035 provides a court reformation remedy for interests that would otherwise fail under this rule; it is not a separate, shorter duration rule limited to real property.

G. Recording Requirements. For real property transactions, this certification should be recorded with the County Recorder's office in the county where the property is located.

H. NRS 164.430 Protections. Third parties who rely on a certification of trust presented under NRS 164.400 without actual knowledge of inaccuracy are protected from liability. A person is not required to inquire into the terms of the trust beyond the information contained in the certification.

This Certification of Trust is made under the laws of the State of Nevada and is intended to comply with all requirements of NRS 164.400 and NRS 164.410. This document does not contain the dispositive terms of the trust instrument.