A statement of authority is used by a partnership, corporation, government agency, LLC, or other entity who is not an individual to evidence the entity's existence and the identity of the person(s) authorized to act on behalf of the entity [1]. The statement of authority in the State of Colorado is governed by Section 38-30-172 of the Revised Statutes (2016).

Under C.R.S. 38-30-108.5(1), "A trust may acquire, convey, encumber, lease, or otherwise deal with any interest in real ... property in the name of the trust." A statement of authority is recorded alongside a conveyance of interest in real property to a trust; it is executed by the person(s) authorized to hold the title on behalf of the trust -- in this case, the trustee(s).

In addition to listing the name and type of the entity (trust, in this case) and the identity of any persons authorized to execute instruments affecting title to real property on its behalf (trustee), the statement of authority specifies the state, country, or other governmental authority under whose laws it was formed (Colorado) [2]. The document also provides the mailing address of the entity so that the assessor knows where to send tax statements for the property [3].

The statement can also describe limitations, if any, of the trustee's authority to bind the entity; the absence of any listed in the statement of authority serves as prima facie evidence that none exist [4]. The statement may also contain any other matters concerning the manner in which the entity deals with interests in real property.

The statement of authority is signed by the trustee(s) named in the document and acknowledged before a notary public before it is recorded in the county in which the subject real property is situated [5]. Since the document affects an interest in real property, a legal description, including the commonly known address, should be included to distinguish the subject property; use the same legal description on the deed conveying the interest to the trust.

[1] C.R.S. 2-4-401(8)
[2] C.R.S. 38-30-172(2)(b)
[3] http://jeffco.us/assessor/faqs/property-description-department-faqs/what-is-a-statement-of-authority,-and-why-do-you-want-us-to-record-one-/
[4] C.R.S. 38-30-172(5)
[5] C.R.S. 38-30-108.5(2)

(Colorado Statement of Authority Package includes form, guidelines, and completed example)

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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Common Uses for Statement of Authority

Protect your homestead from certain creditor claims
Record a statement of authority for an LLC or partnership
Provide public notice of a lease or occupancy agreement
Establish authority to act on behalf of a business entity
Record a memorandum to provide public notice of an agreement

Compare other Colorado deed forms and documents

Quitclaim Deed Gift Deed Warranty Deed Special Warranty Deed Grant Deed Correction Deed Easement Deed Termination, Cancellation of Easement / Right of Way Deed of Trust and Promissory Note Release of Deed of Trust WITH Production of Evidence Release of Deed of Trust WITHOUT Production of Evidence Assignment of Deed of Trust Memorandum and Notice of Agreement Full Release of Memorandum and Notice of Agreement Limited Power of Attorney for the Sale of Real Property Limited Power of Attorney for the Purchase of Real Property Statutory Durable Power of Attorney Beneficiary Deed Beneficiary Deed Revocation Affidavit of Deceased Grantor Affidavit of Deceased Joint Tenant Disclaimer of Interest Personal Representative Deed of Distribution Personal Representative Deed of Sale Trustee Deed Preliminary Notice of Mechanics Lien Statement of Mechanics Lien Mechanics Lien Release Conditional Lien Waiver Unconditional Lien Waiver Lis Pendens Lis Pendens Release Certificate of Trust Mineral Deed Mineral Deed with Quitclaim Covenants

Important: County-Specific Forms

Our statement of authority forms are specifically formatted for each county in Colorado.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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