(1) For any transaction with any bank transacting business in this state by one or more persons expressly acting as a trustee or trustees for one or more other named person or persons pursuant to or purporting to be pursuant to a written trust agreement, a trustee may provide the bank with a certificate of trust to evidence the trust relationship. The certificate of trust must be a duly acknowledged affidavit or other written statement expressly made under penalty of perjury executed by any trustee and must include the following:
A statement that the trust exists and the date the trust instrument was executed;
The identity of the settlor;
The identity and address of the current acting trustee;
The powers of the trustee in the pending transaction;
A statement whether the trust is revocable and the identity of any person holding thepower to revoke the trust;
The authority of cotrustees to sign or otherwise authenticate and whether all or fewerthan all cotrustees are required in order to exercise the powers of the trustee;
The name in which title to trust property may be taken; and
Any other information that may be required by the bank, including an indemnification that is acceptable to the bank.
(2) If a bank decides to accept a certificate of trust pursuant to this section:
For a transaction that consists of opening a deposit account, the bank may administerthe account in accordance with the certificate of trust without requiring receipt of a copy of the written trust agreement; and
For a transaction that consists of obtaining, guaranteeing, or encumbering trust property to secure a loan, or entering into any agreement with a bank, the trustee or trustees shall be conclusively presumed to have had the authority specified in the trust certificate for purposes of determining whether the trustees were acting within their authority in entering into, or causing the trust to enter into, a transaction, even if the certificate of trust is contrary to the terms of the written trust agreement, unless the bank has actual knowledge that the terms of the written trust agreement are contrary to the terms of the certificate of trust.
(3) If a bank decides to accept a certificate of trust in opening a deposit account pursuant to this section, upon the death, resignation, or adjudication of incompetence of all named trustees and successor trustees noted on the certificate of trust, the bank may withhold disposition of any funds on deposit in the account until receipt of one of the following:
An order by a court of competent jurisdiction directing the disposition of funds;
A newly executed certificate of trust created pursuant to this section from a personacting or purporting to act as a newly appointed successor trustee under the same trust; or
Other documentation that establishes to the satisfaction of the bank the manner inwhich the funds are to be administered or distributed.
If a bank decides to accept a certificate of trust in opening a deposit account pursuantto this section, the bank shall not be liable for administering the account as provided by the certificate of trust, even if the certificate of trust is contrary to the terms of the written trust agreement, unless the bank has actual knowledge that the terms of the written trust agreement are contrary to the terms of the certificate of trust.
Nothing in this section obligates a bank to enter into a transaction with a trustee whorefuses to furnish the bank with a copy of a written trust agreement. In addition, nothing in this section shall be construed to prohibit a bank from requesting additional information in order to enter into a transaction with a trustee, including a request that the certificate of trust be executed by all trustees.
Knowledge of the terms of a written trust agreement may not be inferred solely fromthe fact that a copy of all or part of a written trust agreement is held by the person relying upon the certification or affidavit.
Source: L. 2004: Entire section added, p. 453, § 1, effective July 1. L. 2017: Entire section amended, (HB 17-1157), ch. 77, p. 240, § 1, effective March 23.