Custer County Statement of Authority Forms (Colorado)

The following Colorado and Custer County supplemental forms are included as a courtesy with your order.

• Custer County

Including:

• Westcliffe
• Wetmore

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)

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