Oregon Certification of Trust

CERTIFICATION OF TRUST

Pursuant to ORS 130.860 (UTC 1013)

STATE OF OREGON

COUNTY OF [________________________________]

I. TRUST IDENTIFICATION

The undersigned Trustee(s), pursuant to ORS 130.860, hereby certify the following:

1. Existence of Trust:
A trust exists under the name set forth below, and said trust was validly created in accordance with ORS 130.155 (UTC 402), and the trust exists and the date of execution of the trust instrument is as stated below, pursuant to ORS 130.860(2)(a).

2. Trust Name:
[________________________________]

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

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

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

6. Identifying Number:

☐ Last four digits of the Settlor's Social Security Number: [____]

☐ Trust Employer Identification Number (EIN): [________________________________]

7. Trust Situs / Governing Law:
The trust is governed by the laws of the State of Oregon, including the Oregon Uniform Trust Code (ORS Chapter 130). Pursuant to ORS 130.860(2)(j), the state, country, or other jurisdiction under the laws of which the trust was established is: [________________________________]

II. REVOCABILITY STATUS AND POWER TO MODIFY

8. Revocability of the Trust:

Pursuant to ORS 130.860(2)(e):

☐ 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.

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

9. Power to Modify or Amend:

Pursuant to ORS 130.860(2)(f):

☐ Power to Modify Exists. The following person(s) hold(s) the power to modify or amend the trust:

☐ No Power to Modify. No person holds a power to modify or amend the trust.

III. TRUSTEE IDENTIFICATION AND AUTHORITY

10. Currently Acting Trustee(s):

Pursuant to ORS 130.860(2)(c), the identity and address of the currently acting trustee(s) is/are as follows:

11. Co-Trustee Authority:

Pursuant to ORS 130.860(2)(g):

☐ Sole Trustee. The trust has a single Trustee with full authority to act.

☐ Co-Trustees: All Required. All currently acting Trustees are required to sign or otherwise authenticate, and all must act jointly to exercise the powers of the Trustee.

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

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

☐ Co-Trustees: Specific Allocation. The co-trustee authority is allocated as follows:
[________________________________]

IV. POWERS OF THE TRUSTEE

12. General Powers:

Pursuant to ORS 130.860(2)(d), the powers of the Trustee are as follows. The Trustee(s) possess(es) the following powers, as granted by the trust instrument and as authorized by ORS 130.725 (UTC 816):

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

(b) To acquire or dispose of property, real or personal, by purchase, sale, exchange, gift, or otherwise, and to execute deeds, contracts, bills of sale, and all other necessary 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 by mortgage, trust deed, pledge, or other lien;

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

(f) To invest and reinvest trust property in accordance with the Oregon Uniform Prudent Investor Act (ORS 130.750 through 130.775);

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

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

(i) To insure the property of the trust and the Trustee against damage, loss, and liability;

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

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

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

(m) To exercise stock rights, conversion privileges, and voting rights with respect to any securities held in trust; and

(n) To perform all acts necessary or appropriate for the proper management, investment, and distribution of the trust estate.

13. Restrictions on Trustee Powers:

☐ There are no restrictions on the Trustee's powers material to the pending transaction.

☐ The following restrictions apply:
[________________________________]

V. TRUST PROPERTY PROVISIONS

14. Manner of Taking Title:

Pursuant to ORS 130.860(2)(i):

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

☐ In the name of the Trust: [________________________________]

☐ Other: [________________________________]

15. Description of Property Subject to This Certification:

[________________________________]
[________________________________]
[________________________________]

VI. SUCCESSOR TRUSTEE PROVISIONS

16. Successor Trustee(s):

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

17. Method of Trustee Succession:

[________________________________]
[________________________________]

VII. STATUTORY REPRESENTATIONS AND DISCLOSURES

18. Representations Pursuant to ORS 130.860:

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

(a) The trust identified herein exists and the date of execution of the trust instrument is as stated above, pursuant to ORS 130.860(2)(a);

(b) The identity of the Settlor is as stated above, pursuant to ORS 130.860(2)(b);

(c) The identity and address of the currently acting Trustee(s) is/are as stated above, pursuant to ORS 130.860(2)(c);

(d) The powers of the Trustee are as stated herein, pursuant to ORS 130.860(2)(d);

(e) The revocability or irrevocability of the trust is as stated herein, and all persons holding a power to revoke are identified, pursuant to ORS 130.860(2)(e);

(f) The existence or nonexistence of any power to modify or amend the trust is as stated herein, and all persons holding such power are identified, pursuant to ORS 130.860(2)(f);

(g) The co-trustee authority to sign or otherwise authenticate is as stated herein, pursuant to ORS 130.860(2)(g);

(h) The identifying number (last four digits of the Settlor's SSN or the trust's EIN) is as stated above, pursuant to ORS 130.860(2)(h);

(i) The manner of taking title to trust property is as stated herein, pursuant to ORS 130.860(2)(i);

(j) The state, country, or other jurisdiction under the laws of which the trust was established is as stated above, pursuant to ORS 130.860(2)(j);

(k) A certification of trust must be signed or otherwise authenticated by all the trustees, as required by ORS 130.860(3);

(l) The trust has not been revoked, modified, or amended in any manner that would cause the representations contained in this Certification of Trust to be incorrect, as required by ORS 130.860(4); and

(m) The undersigned are the currently acting Trustees of the trust.

19. Third-Party Reliance:

Pursuant to ORS 130.860(9)(a), a person who acts in reliance upon this Certification of Trust without actual 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 person does not have actual knowledge that the representations are incorrect solely by reason of having a copy of all or part of the trust instrument.

20. Excerpts from Trust Instrument:

☐ Excerpts from the trust instrument are attached hereto as Exhibit A.

☐ No excerpts are attached. The recipient has not requested excerpts pursuant to ORS 130.860(6). This Certification does not contain the dispositive terms of the trust, in accordance with ORS 130.860(5).

VIII. OREGON ESTATE TRANSFER TAX DISCLOSURE

21. Estate Tax Considerations:

☐ The trust is structured with Oregon estate transfer tax planning provisions (ORS Chapter 118).

☐ The trust is not specifically designed for Oregon estate tax planning.

☐ Not applicable to this Certification.

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 OREGON

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 (document type: [________________________________])

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 freely and voluntarily for the uses and purposes therein mentioned.

WITNESS my hand and official seal.

_________________________________________
Notary Public for Oregon
My Commission Expires: [__/__/____]

[NOTARY SEAL]

XI. STATE-SPECIFIC NOTES

A. Oregon Uniform Trust Code. Oregon adopted the Uniform Trust Code effective January 1, 2006 (codified at ORS Chapter 130). The certification of trust provisions are found at ORS 130.860 (UTC 1013).

B. SSN/EIN Requirement. Oregon's certification of trust statute (ORS 130.860(2)(h)) specifically requires disclosure of the last four digits of the Settlor's Social Security number or the trust's employer identification number. This requirement is not present in all states that adopted the UTC.

C. Separate Modification and Revocation Disclosures. ORS 130.860 requires separate disclosure of (i) the revocability status and the identity of any person with power to revoke (subsection 2(e)), and (ii) the existence of any power to modify or amend and the identity of any person holding such power (subsection 2(f)). Practitioners should address both provisions distinctly.

D. Third-Party Request for All Trustees. Under ORS 130.860(1), a person who is not a beneficiary and who proposes to deal with the trustee may require that ALL trustees execute and furnish the certification, and ORS 130.860(3) makes this mandatory. This may require coordination among multiple co-trustees.

E. Oregon Estate Transfer Tax. Oregon imposes its own estate transfer tax (ORS Chapter 118) with an exemption threshold of $1,000,000, significantly lower than the federal estate tax exemption. The exemption is not indexed for inflation and is not portable between spouses. Trust planning in Oregon should account for this separate state tax.

F. No Community Property. Oregon is not a community property state. However, Oregon recognizes registered domestic partnerships, and certain property held by registered domestic partners may have unique treatment.

G. Real Property Recording. For certifications used in connection with real property, the document should be acknowledged and recorded with the county clerk's office under ORS Chapter 205. Recording fees are established by ORS 205.320.

H. Remote Online Notarization. Oregon permits remote online notarization under ORS 194.277 (enacted 2020), with notary fees (including the fee cap for remote online notarial acts) set under ORS 194.400, which may facilitate execution of certifications where trustees are located in different jurisdictions.

I. Prudent Investor Rule. Oregon has adopted the Uniform Prudent Investor Act, codified at ORS 130.750 through 130.775, governing trustee investment duties.

J. Recipient's Additional Requirements. Under ORS 130.860(7), a person receiving a certification of trust may require that it (a) include facts, in addition to those listed in ORS 130.860(2), that are reasonably related to the administration of the trust; (b) be executed by one or more of the settlors; (c) be executed by one or more of the beneficiaries if reasonably related to the pending or contemplated transaction; and/or (d) be adapted to that person's own standard form, which may be incorporated into an account signature agreement or other account document.

This Certification of Trust is made under the laws of the State of Oregon and is intended to comply with all requirements of ORS 130.860 (UTC 1013). This document does not contain the dispositive terms of the trust.