Certification of Trust

CERTIFICATION OF TRUST

State of Arkansas

Pursuant to Arkansas Code Annotated Section 28-73-1013
(Arkansas Trust Code)

PART 1: CERTIFICATION STATEMENT

I/We, the undersigned, being the duly appointed, qualified, and currently acting Trustee(s) of the trust identified below, do hereby certify, pursuant to the provisions of the Arkansas Trust Code, specifically Arkansas Code Annotated Section 28-73-1013, as follows:

PART 2: TRUST EXISTENCE AND IDENTIFICATION

2.1 Trust Existence. There exists a trust known as:

Trust Name: [________________________________]

2.2 Date of Execution. The original trust instrument was executed on: [__/__/____]

2.3 Amendments and Restatements.

☐ The Trust has not been amended or restated since its original execution.
☐ The Trust has been amended and/or restated as follows:

2.4 Trust Taxpayer Identification Number (EIN): [________________________________]

2.5 Trust Classification:

☐ Inter Vivos (Living) Trust — Revocable
☐ Inter Vivos (Living) Trust — Irrevocable
☐ Testamentary Trust (arising from the Last Will and Testament of [________________________________], probated in [________________________________] County, Arkansas, Case No. [________________________________])
☐ Supplemental or Special Needs Trust
☐ Charitable Trust
☐ Land Trust
☐ Other: [________________________________]

PART 3: SETTLOR IDENTIFICATION

3.1 Settlor(s):

Settlor:
Full Legal Name: [________________________________]
Date of Birth: [__/__/____]
Address: [________________________________]
City: [________________________________] State: [____] ZIP: [____________]

Co-Settlor (if applicable):
Full Legal Name: [________________________________]
Date of Birth: [__/__/____]
Address: [________________________________]
City: [________________________________] State: [____] ZIP: [____________]

3.2 Current Status of Settlor(s):

☐ Settlor is living and has legal capacity.
☐ Settlor is living but has been adjudicated incapacitated by order of [________________________________] County Circuit Court, dated [__/__/____].
☐ Settlor is deceased. Date of Death: [__/__/____].
☐ Co-Settlor is living and has legal capacity.
☐ Co-Settlor is deceased. Date of Death: [__/__/____].

PART 4: TRUSTEE IDENTIFICATION AND ADDRESS

4.1 Currently Acting Trustee(s)

Trustee 1:
Full Legal Name: [________________________________]
Address: [________________________________]
City: [________________________________] State: [____] ZIP: [____________]
Phone: [________________________________]
Date of Appointment: [__/__/____]
Basis of Appointment: ☐ Original Trustee ☐ Successor Trustee ☐ Court-Appointed

Trustee 2 (if applicable):
Full Legal Name: [________________________________]
Address: [________________________________]
City: [________________________________] State: [____] ZIP: [____________]
Phone: [________________________________]
Date of Appointment: [__/__/____]
Basis of Appointment: ☐ Original Trustee ☐ Successor Trustee ☐ Court-Appointed

Corporate Trustee (if applicable):
Entity Name: [________________________________]
Type of Entity: [________________________________]
State of Formation: [________________________________]
Principal Office: [________________________________]
Authorized Officer: [________________________________]
Title: [________________________________]

4.2 Successor Trustee(s)

First Successor Trustee: [________________________________]
Address: [________________________________]

Second Successor Trustee: [________________________________]
Address: [________________________________]

Method of Successor Trustee Designation:

☐ Named in the Trust instrument.
☐ Appointed by the Settlor.
☐ Appointed by majority vote of qualified beneficiaries.
☐ Appointed by the court.
☐ Other mechanism: [________________________________]

PART 5: TRUSTEE POWERS

The Trustee(s) possess the following powers as set forth in the Trust instrument and as provided under the Arkansas Trust Code, including but not limited to the powers described in Ark. Code Ann. § 28-73-816:

5.1 Real Property Powers

☐ To acquire real property by purchase, gift, devise, or exchange.
☐ To sell real property at public or private sale, with or without advertising.
☐ To execute warranty deeds, quitclaim deeds, or other instruments of conveyance.
☐ To mortgage, pledge, or encumber real property as security for borrowing.
☐ To lease real property for any period, including periods extending beyond the duration of the Trust.
☐ To manage, improve, repair, maintain, insure, and protect real property.
☐ To subdivide, partition, or develop real property.
☐ To grant or acquire easements, covenants, and restrictions.
☐ To contest, compromise, or adjust property tax assessments.
☐ To demolish or remove improvements.

5.2 Personal Property and Financial Powers

☐ To acquire, hold, sell, or dispose of tangible and intangible personal property.
☐ To open, maintain, and close bank accounts, brokerage accounts, and other financial accounts.
☐ To invest and reinvest trust assets without limitation as to type or diversification.
☐ To borrow money and pledge trust property as collateral.
☐ To collect debts, rents, dividends, interest, and other income.
☐ To endorse and deposit checks and other negotiable instruments.
☐ To make wire transfers and electronic fund transfers.
☐ To purchase and maintain insurance policies on trust property.

5.3 Business and Entity Powers

☐ To form, operate, or dissolve any business entity.
☐ To continue any business interest held in trust.
☐ To vote shares of stock or exercise membership interests.
☐ To participate in mergers, consolidations, reorganizations, and recapitalizations.

5.4 Administrative Powers

☐ To employ and compensate attorneys, accountants, investment advisors, real estate agents, and other agents.
☐ To prosecute, compromise, settle, or abandon claims and litigation.
☐ To execute and deliver all instruments necessary to carry out trust purposes.
☐ To make tax elections and file tax returns.
☐ To make distributions to beneficiaries pursuant to the terms of the Trust.
☐ To allocate receipts and disbursements between income and principal.

5.5 Specific Power for Pending Transaction

Nature of Pending Transaction: [________________________________]

Specific Power Exercised: [________________________________]

Relevant Trust Provision: Article/Section [________________________________] of the Trust instrument grants the Trustee the power to: [________________________________]

PART 6: CO-TRUSTEE SIGNING AUTHORITY

6.1 Number of Currently Serving Trustees: [____]

6.2 Co-Trustee Action Requirements:

☐ All co-trustees must act jointly and unanimously.
☐ A majority of co-trustees may exercise the powers of the Trustee.
☐ Any single co-trustee may act independently on behalf of the Trust.
☐ The Trust instrument provides the following allocation of authority among co-trustees: [________________________________]

6.3 Incapacity of a Co-Trustee:

☐ If a co-trustee becomes incapacitated, the remaining co-trustee(s) may act without the incapacitated co-trustee.
☐ Other provision: [________________________________]

PART 7: REVOCABILITY AND POWER TO REVOKE

7.1 Trust Revocability:

☐ REVOCABLE. The Trust is currently revocable by the Settlor(s) and may be amended, modified, or revoked at any time during the Settlor's lifetime.

☐ IRREVOCABLE. The Trust is irrevocable and may not be amended, modified, or revoked.

☐ CONDITIONALLY IRREVOCABLE. The Trust became irrevocable upon:
☐ The death of the Settlor on [__/__/____].
☐ The expiration of the revocation period on [__/__/____].
☐ Other event: [________________________________]

7.2 Person(s) with Power to Revoke:

☐ No person currently holds a power to revoke the Trust.
☐ The following person(s) hold a power to revoke:

PART 8: MANNER OF HOLDING TITLE

8.1 Title to Trust Property:

Property of the Trust shall be held in the following name and manner:

☐ [________________________________], Trustee of the [________________________________] Trust, dated [__/__/____]

☐ [________________________________] and [________________________________], Co-Trustees of the [________________________________] Trust, dated [__/__/____]

☐ The [________________________________] Trust, dated [__/__/____]

☐ Other designation: [________________________________]

PART 9: STATUTORY REPRESENTATIONS

Pursuant to Arkansas Code Annotated Section 28-73-1013, the undersigned Trustee(s) hereby make the following representations and certifications:

9.1 Continued Existence. The Trust identified herein is currently in full force and effect.

9.2 No Revocation, Modification, or Amendment. As required by Ark. Code Ann. § 28-73-1013(c), 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.

9.3 Trustee Authority. The undersigned is/are the duly appointed, currently acting, and qualified Trustee(s) of the Trust, with the authority represented herein.

9.4 No Dispositive Terms. Pursuant to Ark. Code Ann. § 28-73-1013(d), this Certification does not contain the dispositive terms of the Trust.

9.5 Accuracy. All statements and representations made in this Certification are true, accurate, and complete as of the date of execution.

9.6 No Pending Proceedings. There are no actions, suits, or proceedings pending or threatened that would affect the validity of the Trust or the authority of the Trustee(s) to complete the pending transaction, except: [________________________________]

9.7 No Conflicts. The pending transaction does not conflict with any provision of the Trust instrument or applicable law.

PART 10: THIRD-PARTY RELIANCE PROVISIONS

10.1 Protection of Third Parties. Pursuant to Ark. Code Ann. § 28-73-1013(f)(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.

10.2 No Constructive Knowledge. Pursuant to Ark. Code Ann. § 28-73-1013(f)(2), 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.

10.3 Enforcement Against Trust Property. Pursuant to Ark. Code Ann. § 28-73-1013(g), a person who in good faith enters into a transaction in reliance upon this Certification may enforce the transaction against the Trust property as if the representations contained in this Certification were correct.

10.4 Right to Excerpts. Pursuant to Ark. Code Ann. § 28-73-1013(e), a recipient of this Certification may require the Trustee to furnish copies of those excerpts from the original trust instrument and later amendments that designate the Trustee and confer upon the Trustee the power to act in the pending transaction.

10.5 Bad-Faith Demand. Pursuant to Ark. Code Ann. § 28-73-1013(h), any person making a demand for the full trust instrument in addition to this Certification or excerpts may be liable for damages if a court determines that such person did not act in good faith.

10.6 Judicial Proceedings. Pursuant to Ark. Code Ann. § 28-73-1013(i), nothing in this Certification limits the right of any person to obtain a copy of the trust instrument in a judicial proceeding concerning the Trust.

PART 11: ARKANSAS-SPECIFIC PROVISIONS

11.1 Governing Law and Situs

This Trust is governed by the Arkansas Trust Code (Ark. Code Ann. § 28-73-101 et seq.) and the laws of the State of Arkansas. The principal place of trust administration is [________________________________] County, Arkansas.

11.2 Arkansas Circuit Court Jurisdiction

The circuit courts of Arkansas have jurisdiction over trust proceedings pursuant to Ark. Code Ann. § 28-73-203. Any dispute regarding this Trust or this Certification may be brought in the Circuit Court of [________________________________] County, Arkansas.

11.3 Real Property Recording Requirements

☐ This Certification is being furnished in connection with real property located in [________________________________] County, Arkansas.
☐ Legal description of the property is attached as Exhibit A.
☐ This Certification is NOT related to a real property transaction.

11.4 Homestead Considerations

☐ The Trust holds property that constitutes the homestead of the Settlor or a beneficiary.
☐ The Trust does not hold homestead property.

11.5 Arkansas Transfer Tax

☐ The underlying transaction is subject to Arkansas real estate transfer tax (Ark. Code Ann. § 26-60-102).
☐ The underlying transaction is exempt from transfer tax. Basis for exemption: [________________________________]
☐ Not applicable — no real property transfer involved.

PART 12: EXECUTION AND ACKNOWLEDGMENT

IN WITNESS WHEREOF, the undersigned Trustee(s) have executed this Certification of Trust on the date set forth below, in accordance with the Arkansas Trust Code.

Date of Execution: [__/__/____]

Trustee Signature:

Signature: ________________________________________
Printed Name: [________________________________]
Capacity: Trustee of the [________________________________] Trust
Date: [__/__/____]

Co-Trustee Signature (if applicable):

Signature: ________________________________________
Printed Name: [________________________________]
Capacity: Co-Trustee of the [________________________________] Trust
Date: [__/__/____]

ACKNOWLEDGMENT

STATE OF ARKANSAS
COUNTY OF [________________________________]

On this [____] day of [________________], [________], before me, the undersigned Notary Public in and for said County and State, personally appeared [________________________________], to me known to be the person(s) described in and who executed the foregoing Certification of Trust, and acknowledged that he/she/they executed the same as his/her/their free and voluntary act and deed for the uses and purposes therein set forth.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written.

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

[NOTARIAL SEAL]

PART 13: SUPPLEMENTAL INFORMATION

A. Attached Exhibits

☐ Exhibit A — Legal Description of Real Property (if applicable)
☐ Exhibit B — Excerpts from Trust Instrument Designating Trustee (if requested per § 28-73-1013(e))
☐ Exhibit C — Letters of Trusteeship or Court Order of Appointment (if applicable)
☐ No exhibits attached.

B. Expiration

This Certification is effective as of the date of execution and remains in effect unless and until the Trustee(s) execute a superseding Certification or the Trust is terminated, revoked, or modified in a manner that renders this Certification inaccurate.

C. Copies and Counterparts

This Certification may be executed in counterparts, each of which shall be deemed an original. Photocopies and electronic copies of this executed Certification shall have the same force and effect as the original.

END OF CERTIFICATION OF TRUST

This document consists of [____] pages, all of which constitute the complete Certification of Trust.