HOUSE BILL No. 2148*
An Act relating to trusts; providing for certification of trusts.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. (a) A trustee may present a certification of trust to any
person in lieu of a copy of any trust instrument to establish the existence
or terms of the trust. The trustee may present the certification of trust
voluntarily or at the request of the person with whom the trustee is deal-
ing. Notwithstanding any provision of the Kansas uniform trustees' pow-
ers act to the contrary, no person is required to accept and rely solely on
a certification of trust in lieu of a copy of, or excerpts from, the trust
instrument itself.

      (b) A certification of trust shall be in the form of an affidavit and
signed and acknowledged by a corporate trustee, or one or more acting
trustees of the trust.

      Sec.  2. (a) A certification of trust may confirm the following facts or
contain the following information:

      (1) The existence of a trust and, for an inter vivos trust, the date of
execution or, for a testamentary trust, the date of death of the decedent;

      (2) the identity of the grantor, settlor or testator and each currently
acting trustee;

      (3) the powers of the trustee and any restrictions imposed upon the
trustee in dealing with the assets of the trust;

      (4) the name or method of choosing successor trustees;

      (5) the revocability or irrevocability of the trust and the identity of
any person holding a power to revoke it;

      (6) if there is more than one trustee, whether all of the currently
acting trustees must, or if less than all, may, act to exercise identified
powers of the trustee;

      (7) the identifying number of the trust and whether it is a social se-
curity number or an employer identification number;

      (8) the name of each beneficiary and the relationship to the grantor,
settlor or testator;

      (9) the state or other jurisdiction under which the trust was estab-

      (10) the form in which title to the assets of the trust was established;

      (11) the form in which title to the assets of the trust is to be taken.

      (b) The certification of trust shall contain a statement that the trust
has not been revoked or amended to make any representations contained
in the certification of trust incorrect and that the signature is that of the
corporate trustee or the signature or signatures of one or more of the
acting trustees.

      Sec.  3. A certification of trust need not contain the dispositive pro-
visions of the trust, but the person to whom the certification of trust is
presented may require copies of or excerpts from, any trust instrument
which designates the trustee or confers upon the trustee power to act in
the pending transaction.

      Sec.  4. A person who acts in reliance upon a certification of trust
without any knowledge that the representations contained in the certifi-
cation of trust are incorrect is not liable to any person for such actions.
A person who does not know that the representations contained in the
certification of trust are incorrect may assume without inquiry the exis-
tence of the representations contained in the certification of trust. Knowl-
edge may not be inferred solely from the fact that a copy of all or part of
a trust instrument is held by the person relying upon the certification of

      Sec.  5. A person's failure to demand a certification of trust, or a per-
son's refusal to accept and rely solely on a certification of trust, shall not
be considered an improper act, and no inference as to whether such
person has acted in good faith shall be drawn from the failure to demand
or the refusal to accept and rely upon, a certification of trust. This section
creates no implication that a person is liable for acting in reliance upon
a certification of trust under circumstances in which the requirements of
sections 1 through 6, and amendments thereto, are not satisfied.

      Sec.  6. Sections 1 through 5, and amendments thereto, apply to all
trusts whether established pursuant to Kansas law or established pursuant
to the law of another state or jurisdiction.

 Sec.  7. This act shall take effect and be in force from and after its
publication in the statute book.

Approved March 27, 2001.