CERTIFICATION OF TRUST FURNISHED TO PERSON NOT BENEFICIARY

(Pursuant to Ohio Revised Code § 5810.13)

STATE OF OHIO
COUNTY OF [________________________________]

// GUIDANCE: ORC § 5810.13 is titled "Certification of trust furnished to person not beneficiary." Ohio adopted this provision as part of its adoption of the Ohio Trust Code (Title 58), effective January 1, 2007. Note that Ohio also has a separate Memorandum of Trust statute (ORC § 5301.255) which is used for recording purposes and is not superseded by this section.

I. TRUST IDENTIFICATION

The undersigned Trustee(s), being duly authorized, hereby certify the following information pursuant to Ohio Revised Code § 5810.13:

1. Trust Name:
[________________________________]

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

// GUIDANCE: ORC § 5810.13(A)(1) requires disclosure of the date the trust instrument was executed.

3. Type of Trust:
☐ Revocable Living Trust
☐ Irrevocable Trust
☐ Testamentary Trust
☐ Supplemental Needs Trust
☐ Charitable Trust
☐ Land Trust
☐ Other: [________________________________]

4. Trust Situs:
The situs of administration of the Trust is in [________________________________] County, Ohio.

5. Amendment History:

// GUIDANCE: Identify all amendments, restatements, or modifications so that the third party understands the current operative version of the trust instrument.

6. Trust Restatement:
☐ The Trust has been amended and restated in its entirety on [__/__/____]
☐ The Trust has not been restated

II. SETTLOR IDENTIFICATION

// GUIDANCE: ORC § 5810.13(A)(2) specifically requires disclosure of the identity of the settlor. This is a mandatory element under Ohio law, distinguishing Ohio from some other UTC states.

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

2. Settlor Address (if living):
[________________________________]
[________________________________]
[________________________________]

III. TRUSTEE IDENTIFICATION AND AUTHORITY

// GUIDANCE: ORC § 5810.13(A)(3) requires disclosure of the identity and address of the currently acting trustee. ORC § 5810.13(A)(6) requires disclosure of the authority of cotrustees and whether all or less than all are required to exercise trustee powers.

1. Currently Acting Trustee(s):

2. Corporate Trustee (if applicable):
☐ A corporate trustee serves as Trustee or Co-Trustee
Name: [________________________________]
State of Organization: [________________________________]
Ohio Charter/Registration Number: [________________________________]

3. Co-Trustee Authority:
☐ All co-trustees must act unanimously to exercise powers of the trustee
☐ A majority of co-trustees may exercise powers of the trustee
☐ Any single co-trustee may independently exercise powers of the trustee
☐ The following specific arrangement applies: [________________________________]

4. Manner of Co-Trustee Authentication:
☐ All co-trustees must sign to bind the Trust
☐ A majority of co-trustees must sign to bind the Trust
☐ Any single co-trustee may sign to bind the Trust
☐ Other: [________________________________]

IV. REVOCABILITY STATUS

// GUIDANCE: ORC § 5810.13(A)(5) specifically requires disclosure of the revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust.

1. Trust Status:
☐ The Trust is REVOCABLE
☐ The Trust is IRREVOCABLE
☐ The Trust was initially revocable but became irrevocable on [__/__/____] due to:
☐ Death of the Settlor
☐ Release of the power to revoke
☐ Expiration of the revocation period
☐ Other event specified in the Trust Instrument: [________________________________]

2. Person(s) Holding Power to Revoke (if applicable):

3. Conditions on Revocation:
☐ No conditions or restrictions on revocation
☐ Written instrument required for revocation
☐ Notice to trustee required
☐ Other: [________________________________]

V. TRUSTEE POWERS

// GUIDANCE: ORC § 5810.13(A)(4) requires disclosure of the powers of the trustee. Under ORC § 5810.13(F), the recipient of a certification may also require the trustee to furnish copies of excerpts from the trust instrument conferring power to act in the pending transaction.

The Trust Instrument confers upon the Trustee(s) the following powers, which include but are not limited to:

1. Real Property Powers:
☐ Power to acquire, sell, exchange, lease, and convey real property
☐ Power to grant or acquire easements, rights-of-way, and licenses
☐ Power to mortgage, pledge, or otherwise encumber real property
☐ Power to manage, develop, improve, repair, and maintain real property
☐ Power to demolish structures and clear land
☐ Power to subdivide or partition real property

2. Financial Institution Powers:
☐ Power to open, maintain, and close bank and brokerage accounts
☐ Power to deposit and withdraw funds
☐ Power to rent and access safe deposit boxes
☐ Power to borrow money and pledge trust assets as collateral
☐ Power to invest and reinvest trust assets in any form of investment

3. Securities and Business Interest Powers:
☐ Power to acquire, hold, and dispose of securities
☐ Power to vote shares and exercise stock options
☐ Power to participate in mergers, reorganizations, and liquidations
☐ Power to operate, manage, or dispose of business interests

4. General Administrative Powers:
☐ Power to employ attorneys, accountants, investment advisors, and agents
☐ Power to execute documents and instruments on behalf of the Trust
☐ Power to compromise, settle, or abandon claims for or against the Trust
☐ Power to distribute income and principal to beneficiaries
☐ Power to make loans and advances

5. Tax and Accounting Powers:
☐ Power to make tax elections on behalf of the Trust
☐ Power to file returns and pay taxes from trust assets
☐ Power to allocate receipts and expenses between income and principal

6. Additional Powers Specific to This Transaction:
[________________________________]
[________________________________]

VI. TRUST PROPERTY PROVISIONS

// GUIDANCE: ORC § 5810.13(D) provides that a certification of trust is not required to contain the dispositive terms of a trust. Do not disclose beneficiary identities, distribution provisions, or other dispositive terms.

1. Title to Trust Property:
Trust property is held in the following manner:
☐ In the name of the Trust
☐ In the name of the Trustee(s), as Trustee(s) of the Trust
☐ In the name of a nominee
☐ Other: [________________________________]

2. Tax Identification Number:
The Trust's Federal Employer Identification Number (FEIN) is: [________________________________]

// GUIDANCE: If a grantor trust, the Settlor's SSN may be used. Confirm requirements with the requesting institution.

3. Property Subject to This Certification:
[________________________________]
[________________________________]

VII. SUCCESSOR TRUSTEE PROVISIONS

// GUIDANCE: ORC § 5810.13(E) provides that a certification of trust may establish the identity of the trustee and any succession of trustees under ORC § 5810.14. Including successor trustee information is recommended.

1. Designated Successor Trustee(s):

2. Mechanism for Successor Appointment:
☐ Automatic succession per the Trust Instrument
☐ Appointment by the Settlor during lifetime
☐ Appointment by designated person: [________________________________]
☐ Appointment by the Probate Court pursuant to Ohio law
☐ Other: [________________________________]

3. Conditions for Succession:
☐ Death of current Trustee
☐ Incapacity of current Trustee
☐ Resignation of current Trustee
☐ Removal of current Trustee
☐ Other: [________________________________]

VIII. STATUTORY CERTIFICATIONS AND REPRESENTATIONS

// GUIDANCE: ORC § 5810.13(C) requires a statement that the trust has not been revoked, modified, or amended in any manner that would cause the representations to be incorrect.

The undersigned Trustee(s) hereby further certify and represent the following:

1. The Trust described herein has not been revoked, modified, or amended in any manner that would cause the representations contained in this Certification of Trust to be incorrect.

2. The Trust is currently in existence, has not been terminated, and is in full force and effect.

3. The undersigned is/are the duly appointed, qualified, and currently acting Trustee(s) of the Trust.

4. The undersigned has/have the authority under the Trust Instrument and Ohio law to execute this Certification of Trust.

5. There are no pending proceedings in any court of the State of Ohio or elsewhere that would affect the validity of this Trust, the authority of the Trustee(s), or the power of the Trustee(s) to engage in the transaction for which this Certification is provided.

6. No event has occurred that would terminate the Trust, limit the powers of the Trustee(s), or otherwise render the representations contained herein incorrect.

7. The Trust is properly administered and in compliance with applicable Ohio law.

IX. THIRD-PARTY RELIANCE AND PROTECTIONS

// GUIDANCE: ORC § 5810.13(G) provides significant protections to persons relying on a certification of trust. These provisions should be included for the benefit of the recipient.

Pursuant to Ohio Revised Code § 5810.13:

1. 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. (ORC § 5810.13(G))

2. 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 herein were correct. (ORC § 5810.13(H))

3. 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. (ORC § 5810.13(G))

4. A person making a demand for the Trust Instrument in addition to this Certification of Trust or excerpts therefrom is liable for damages if the court determines that the person did not act in good faith in making such demand. (ORC § 5810.13(H))

X. RECIPIENT'S RIGHTS UNDER OHIO LAW

Pursuant to ORC § 5810.13(F), the recipient of this Certification of Trust may require the Trustee(s) to furnish copies of those excerpts from the original Trust Instrument and later amendments to the Trust Instrument that:

1. Designate the Trustee(s); and
2. Confer upon the Trustee(s) the power to act in the pending transaction.

XI. MEMORANDUM OF TRUST NOTICE

// GUIDANCE: ORC § 5810.13(I) specifically states that this section does not affect the use or validity of a memorandum of trust under ORC § 5301.255. This is unique to Ohio law. If the transaction involves real property, a memorandum of trust under § 5301.255 may be more appropriate for recording purposes.

IMPORTANT OHIO-SPECIFIC NOTE: This Certification of Trust does not affect the use or validity of a Memorandum of Trust under Ohio Revised Code § 5301.255. For transactions involving real property in Ohio, a Memorandum of Trust recorded with the County Recorder may also be required or advisable.

☐ A Memorandum of Trust has been recorded with the [________________________________] County Recorder
Recording Information: Volume [________], Page [________], Date: [__/__/____]
☐ No Memorandum of Trust has been recorded

XII. GOVERNING LAW AND JURISDICTION

This Trust is governed by the laws of the State of Ohio, including the Ohio Trust Code (ORC Title 58). The Probate Court of [________________________________] County, Ohio, has jurisdiction over matters relating to this Trust.

XIII. EXECUTION AND ACKNOWLEDGMENT

// GUIDANCE: ORC § 5810.13(B) provides that a certification of trust may be signed or otherwise authenticated by any trustee. Notarization is not required by statute but is standard practice and recommended, especially for real property transactions and financial institution purposes.

TRUSTEE EXECUTION:

The undersigned, being the currently acting Trustee(s) of the above-referenced Trust, do hereby certify under penalties of perjury under Ohio law that all statements and representations made in this Certification of Trust are true, correct, and complete to the best of my/our knowledge and belief.

Trustee Signature:

Signature: ________________________________________
Printed Name: [________________________________]
Date: [__/__/____]

Signature: ________________________________________
Printed Name: [________________________________]
Date: [__/__/____]

Signature: ________________________________________
Printed Name: [________________________________]
Date: [__/__/____]

NOTARIZATION

STATE OF OHIO
COUNTY OF [________________________________]

Before me, a Notary Public in and for said County and State, personally appeared [________________________________], 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 foregoing instrument and acknowledged to me that he/she/they executed the same for the purposes therein contained.

IN WITNESS WHEREOF, I have hereunto set my hand and official seal this [____] day of [________________________________], 20[____].

Notary Public Signature: ________________________________________
Printed Name: [________________________________]
My Commission Expires: [__/__/____]
County of Commission: [________________________________]

[NOTARIAL SEAL]

XIV. OHIO-SPECIFIC NOTES AND REQUIREMENTS

// GUIDANCE: Review and customize the following notes based on the specific transaction and client circumstances.

1. Ohio Trust Code: Ohio adopted the Ohio Trust Code (ORC Title 58) effective January 1, 2007, which governs trust administration including certification of trust provisions.

2. Memorandum of Trust (ORC § 5301.255): Ohio has a separate statute for memoranda of trust used in real property transactions. A memorandum of trust is a recordable instrument and serves a different purpose from a certification of trust. Consider whether a memorandum of trust is also needed for the pending transaction.

3. Probate Court Jurisdiction: Ohio Probate Courts have jurisdiction over trust matters under ORC Chapter 2101.

4. Corporate Trustee Requirements: If a corporate trustee is serving, ensure the entity is authorized to act as a trustee under Ohio law (ORC Chapter 1111).

5. No Mandatory Registration: Ohio does not require registration of trusts with any court or government agency.

6. Successor Trustees: ORC § 5810.14 governs the identification and succession of trustees and may be referenced in conjunction with this certification.

XV. SOURCES AND REFERENCES

• Ohio Revised Code § 5810.13 - Certification of Trust Furnished to Person Not Beneficiary
• Ohio Revised Code § 5810.14 - Successor Trustees
• Ohio Revised Code § 5301.255 - Memorandum of Trust
• Ohio Revised Code Title 58 - Ohio Trust Code
• Ohio Revised Code Chapter 2101 - Probate Court Jurisdiction

This Certification of Trust is furnished pursuant to Ohio Revised Code § 5810.13 and is intended solely for the purpose of establishing the existence and terms of the Trust as set forth herein. This Certification does not contain the dispositive provisions of the Trust Instrument, as permitted by ORC § 5810.13(D).

[END OF CERTIFICATION OF TRUST]