Nevada Certification of Trust

CERTIFICATION OF TRUST

(Affidavit Form Pursuant to NRS 164.400 and NRS 164.410)

// GUIDANCE: Nevada requires the certification to be in AFFIDAVIT form, signed and acknowledged by ALL currently acting trustees. This is more stringent than many states that permit any single trustee to sign. Ensure all current trustees execute this document.

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):
[________________________________]

// GUIDANCE: List all amendment dates. For irrevocable trusts and DAPTs, note that amendments may be prohibited or limited. If the trust has never been amended, state "None."

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

5. Trust Tax Identification Number:

// GUIDANCE: Under NRS 164.410(f), the certification may include the identifying number of the trust and whether it is a Social Security number or an employer 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.

// GUIDANCE: Nevada situs is critical for asset protection and tax benefits. Confirm the trust instrument designates Nevada law and situs. Under NRS 163.4177, certain trusts require at least one Nevada-resident trustee.

II. TRUSTEE IDENTIFICATION AND AUTHORITY

7. Currently Acting Trustee(s):

// GUIDANCE: For self-settled spendthrift trusts under NRS 166.040, at least one trustee must be a Nevada resident or a trust company with an office in Nevada. Verify this requirement is satisfied.

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):

// GUIDANCE: Nevada permits directed trusts under NRS 163.5547 through 163.556. If the trust has a trust advisor, trust protector, or distribution advisor, their authority should be disclosed to the extent relevant to the pending transaction.

☐ 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:

// GUIDANCE: Customize this list to reflect the actual powers granted. Under NRS 163.265 through 163.410, Nevada law provides extensive default trustee powers. Note any restrictions imposed by the trust instrument.

(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:

// GUIDANCE: NRS 164.410(c) requires disclosure of restrictions imposed upon the trustee. List any material restrictions here.

☐ 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):

// GUIDANCE: For asset protection trusts under NRS 166.040, the trust MUST be irrevocable. Confirm the revocability status carefully. Under NRS 163.004, the default rule in Nevada is that a trust is presumed revocable unless the trust instrument expressly states otherwise.

☐ 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

// GUIDANCE: This section applies ONLY to Nevada Domestic Asset Protection Trusts (DAPTs) established under NRS Chapter 166. Delete this section entirely if the trust is not a DAPT.

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 as required by NRS 166.040(1)(a);

(b) The trust instrument does not require that any part of the income or principal be distributed to the Settlor, except at the discretion of a Trustee other than the Settlor, as provided under NRS 166.040(1)(b);

(c) The trust was not created with the intent to hinder, delay, or defraud known creditors pursuant to NRS 166.040(1)(c);

(d) At least one Trustee is a resident of Nevada or is a trust company that maintains an office in Nevada, as required by NRS 166.040(2);

(e) 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

(f) Some or all of the trust assets are deposited in Nevada or are otherwise administered in Nevada by a Nevada trustee.

14. Statute of Limitations Disclosure:

// GUIDANCE: Under NRS 166.170, a creditor's claim regarding transfer of property to a spendthrift trust must be brought within two years of the transfer, or six months from the date of discovery, whichever is later. The clear and convincing evidence standard applies.

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:

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

[________________________________]
[________________________________]
[________________________________]

VII. SUCCESSOR TRUSTEE PROVISIONS

17. Successor Trustee(s):

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

// GUIDANCE: For DAPTs, ensure at least one successor trustee satisfies the Nevada residency requirement under NRS 166.040(2).

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 164.420, any person who relies in good faith upon this Certification of Trust as presented under NRS 164.400 shall not be held liable for any action taken in reliance hereon, unless such person has actual knowledge that the information contained herein is inaccurate.

IX. ADDITIONAL DISCLOSURES

21. Nevada Tax Considerations:

// GUIDANCE: Nevada imposes no state income tax (NRS Chapter 363A imposes a commerce tax on certain business entities but does not apply to trust income). This is a significant advantage for trust situs.

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:

// GUIDANCE: Nevada abolished the Rule Against Perpetuities for certain trusts under NRS 111.1031. Nevada permits dynasty trusts of unlimited duration (365 years for trusts holding interests in real property under NRS 111.1035).

☐ 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

// GUIDANCE: Under NRS 164.400, the certification MUST be in the form of an affidavit signed and acknowledged by ALL currently acting trustees. This is a mandatory requirement. A certification signed by fewer than all trustees does not comply with NRS 164.400.

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 [________________________________]

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.

The foregoing affidavit was subscribed and sworn to before me on the date stated above.

WITNESS my hand and official seal.

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

[NOTARY SEAL]

XII. STATE-SPECIFIC NOTES

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

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 has effectively abolished the Rule Against Perpetuities for personal property trusts (NRS 111.1031), allowing trusts to exist in perpetuity. Trusts holding interests in real property are limited to 365 years (NRS 111.1035).

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 164.420 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.