(1) A person who is not a beneficiary and who proposes to deal with the trustee of a trust may require that all trustees execute and furnish to the person a certification of trust.
(2) The certification of trust shall contain the following information:
(a) That the trust exists and the date the trust instrument was executed;
(b) The identity of the settlor;
(c) The identity and address of the currently acting trustee;
(d) The powers of the trustee;
(e) The revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust;
(f) The existence or nonexistence of any power to modify or amend the trust and the identity of any person holding a power to modify or amend the trust;
(g) The authority of cotrustees to sign or otherwise authenticate and whether all cotrustees or fewer than all are required in order to exercise powers of the trustee;
(h) The trust’s taxpayer identification number, whether the settlor’s Social Security number or an employer identification number;
(i) The manner of taking title to trust property; and
(j) The state, country or other jurisdiction under the laws of which the trust was established.
(3) A certification of trust must be signed or otherwise authenticated by all the trustees.
(4) A certification of trust must state that the trust has not been revoked, modified or amended in any manner that would cause the representations contained in the certification of trust to be incorrect.
(5) A certification of trust need not contain the dispositive terms of a trust.
(6) A recipient of a certification of trust may not require the trustee to furnish the entire trust instrument, but may require the trustee to furnish copies of 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.
(7) A person may require that the certification of trust:
(a) Include facts other than those listed in this section 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 the certification is reasonably related to a pending or contemplated transaction with the person; and
(d) Be adapted to the person’s own standard form, which may be incorporated in an account signature agreement or other account document.
(8) A certification of trust may contain the identity of any successor trustee or trustees and the circumstances under which any successor trustee or trustees will assume trust powers.
(9)(a) A person who acts in reliance upon a certification of trust without actual knowledge that the representations contained in the certification are incorrect is not liable to any person for so acting and may assume without inquiry the existence of the facts contained in the certification. A person does not have actual knowledge that the representations contained in the certification are incorrect solely by reason of having a copy of all or part of the trust instrument.
(b) Any transaction, and any lien created by that transaction, is enforceable against a trust if the transaction is entered into by a person acting in reliance on a certification of trust containing the information set forth in this section without actual knowledge that the representations contained in the certification are incorrect.
(c) If a person has actual knowledge that the trustee or trustees are acting outside the scope of the trust, and the actual knowledge was acquired by the person before entering into the transaction or making a binding commitment to do so, the transaction is not enforceable against the trust.
(10) A person is not liable for acting in reliance on a certification of trust solely because the certification fails to contain all the information required in this section.
(11) This section does not limit the rights of the beneficiaries of the trust against a trustee.
(12) A person’s failure to demand or refusal to accept and rely solely upon a certification of trust does not affect the protection provided the person by ORS 130.855, and no inference as to whether the person has acted in good faith may be drawn from the failure to demand or the refusal to accept and rely solely upon a certification.
(13) This section applies to all trusts, whether established under the laws of this state or under the law of another state, country or other jurisdiction. [2005 c.348 §95]
Section: Previous 130.805 130.810 130.815 130.820 130.825 130.830 130.835 130.840 130.845 130.850 130.855 130.860 130.900 130.905 130.910 NextLast modified: August 7, 2008