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Statement of Authority Form - La Plata County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 7/22/2020
Statement of Authority Guide - La Plata County
Line by line guide explaining every blank on the form.
Included document last updated 7/3/2020
Completed Example of the Statement of Authority Document - La Plata County
Example of a properly completed form for reference.
Included document last updated 7/22/2020
*The Following Colorado and La Plata County supplemental forms are included as a courtesy with your order.
TD 1000 Real Property Transfer Declaration
The Real Property Transfer Declaration provides essential information to the county assessor to help ensure fair and uniform assessments for all property for property tax purposes. Refer to 39-14-102(4), Colorado Revised Statutes (C.R.S.). All conveyance documents (deeds) subject to the documentary fee submitted to the county clerk and recorder for recordation must be accompanied by a Real Property Transfer Declaration. This declaration must be completed and signed by the grantor (seller) or grantee (buyer). Refer to 39-14-102(1)(a), C.R.S.
DR 1083 Colorado Department of Revenue
File this form within 30 days of closing with the Colorado Department of Revenue, together with DR 1079 if applicable. Instructions are included.
DR 1079 Withholding Tax Form
This form is used to pay withholding tax if any is owed.
Non Resident Property Transfer
With certain exceptions, sales of Colorado real property valued at $100,000 or more, if made by nonresidents of Colorado, are subject to a withholding tax in anticipation of the Colorado income tax that will be due on the gain from the sale. The information sheet here provides the necessary details. If the property transfer meets the criteria, the above regular tax forms (DR 1083 and DR 1079) are used by nonresidents.
Notary Certificates
The supplemental forms in this section can be used as loose certificates by notaries in the state.
Including:
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)
Get your La Plata County Statement of Authority form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties.
The documents you receive here will meet, or exceed, the La Plata County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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