A BMO certification of trust form is a short sworn document that proves a trustee’s authority to act for a trust without disclosing the full trust instrument to the bank. To make it usable, you fill in the trust’s identifying facts and the trustee’s powers, every currently acting trustee signs it in front of a notary, and you deliver it to BMO in person, by certified mail, or through the bank’s secure upload portal. The bank keeps the certification on file in place of the trust document itself.
What the Form Has To Contain
Most states have adopted some version of the Uniform Trust Code, and California uses a parallel statute. The required fields are close to identical everywhere:
- A statement that the trust currently exists, plus the date the trust instrument was originally signed.
- The full legal name of the settlor (also called the grantor or trustor).
- The name and address of every currently acting trustee. Successor trustees are not listed unless your state’s version of the statute specifically calls for it.
- The trustee powers relevant to the transaction — for example, authority to open accounts, buy and sell securities, transfer funds, or borrow against trust assets.
- Whether the trust is revocable or irrevocable, and who holds the power to revoke or amend it.
- If there are co-trustees, whether all must sign or fewer than all can act.
- The trust’s tax identification number (either an SSN or an EIN, depending on the trust type).
- How title to trust property should be taken, such as “John Smith, Trustee of the Smith Family Trust dated January 15, 2020.”
The form must also include a statement that the trust has not been revoked, modified, or amended in any way that would make the representations in the certification incorrect. This is the sentence that trips people up. If the trust was amended last year to change trustee powers or add a co-trustee, the certification must reflect the current version, not the original signing.
One thing you do not include: the dispositive provisions describing who gets what and when. Keeping those private is the whole reason a certification exists.
Choosing the Right Tax ID
The tax ID depends on the type of trust. A revocable living trust is treated by the IRS as a grantor trust, and the grantor’s own Social Security Number serves as the trust’s tax ID. The IRS instructions for Form SS-4 state that a grantor trust trustee does not need an EIN if the trustee furnishes the grantor’s name and SSN to all payers.1Internal Revenue Service. Instructions for Form SS-4 (12/2025)
An irrevocable trust is a separate tax entity and needs its own EIN. So does a revocable trust that has become irrevocable after the grantor’s death; the successor trustee must apply for a new EIN at that point. Applications can be filed immediately through the IRS online tool at IRS.gov/EIN, or on paper by fax or mail using Form SS-4.1Internal Revenue Service. Instructions for Form SS-4 (12/2025)
Entering the wrong type of number is one of the fastest ways to stall account setup. If BMO’s system expects an EIN and receives an SSN, the file goes to compliance for manual review.
Signing and Notarization
Every currently acting trustee must sign. If three co-trustees serve, all three sign, even when the trust allows fewer than all to conduct transactions. The signing requirement for the certification is separate from the co-trustee signing authority described inside it.
Whether a notary is legally required depends on your state. Some statutes require the certification to be attested by a notary. California’s Probate Code requires an acknowledged declaration, which also involves a notary. A handful of states let the trustee sign without notarization unless the third party asks for it. As a practical matter, BMO will ask for notarization regardless of what your state technically requires, because a notarized certification is harder to challenge and easier for the bank to defend in an audit. Get it notarized.
Co-trustees in different locations can each sign before a separate notary. What matters is that every trustee’s signature appears on the document (or on counterpart copies, if your state allows them) before submission.
How To Submit It to BMO
The simplest route is walking the signed, notarized certification into a BMO branch. A banker can review it on the spot, flag obvious problems, and start the account setup or transaction the same day. If the certification is part of a new trust account opening, bring government-issued photo ID for each trustee.
If no branch is convenient, mail the document by certified mail with return receipt so delivery is tracked. Address it to the specific branch or department that requested the certification. If you are not sure where to send it, call BMO customer service and ask for the trust or wealth management team handling the account.
BMO also runs a secure document upload portal at bmo.com for existing customers, which accepts scanned documents. Digital submission avoids mail delays, but the bank may still ask for the original notarized document to follow by mail or in person.
Whatever the delivery method, make a high-quality copy of the fully signed and notarized certification before it leaves your hands. Banks occasionally misplace paperwork, and a copy lets you resubmit rather than start the notarization over.
Why Certifications Get Held Up
BMO’s compliance team checks the document against federal anti-money-laundering rules, including the Bank Secrecy Act’s Customer Identification Program.2Federal Financial Institutions Examination Council. FFIEC BSA/AML Risks Associated With Money Laundering and Terrorist Financing – Trust and Asset Management Services Under FinCEN’s Customer Due Diligence Rule, the bank may also ask follow-up questions about beneficiaries or controlling individuals that the certification itself does not cover.3Financial Crimes Enforcement Network. CDD Rule FAQs
The specific issues that hold things up are usually fixable but frustrating:
- A co-trustee’s signature is missing. This is the single most common problem.
- The certification claims the trust has not been amended, but the bank’s records show a prior version with different trustees or powers. The mismatch triggers manual review.
- The powers listed are too general and do not mention the specific action the trustee wants to take, such as pledging trust assets as collateral. The bank may ask for excerpts from the trust document confirming the power.
- The tax ID does not match the trust type: an SSN for what looks like an irrevocable trust, or an EIN for a simple revocable living trust.
- The certification is signed but not notarized, and the bank’s policy requires it.
Respond quickly when the bank asks for something. Compliance holds can freeze account access, and some internal deadlines end with the account being closed or restricted.
When To Replace the Certification
A certification is a snapshot. It describes the trust as of the date you sign it, and once the facts change, the bank has no obligation to act on it. Prepare a new one when:
- A trustee dies, resigns, or becomes incapacitated and a successor takes over. The successor should also bring a certified copy of the death certificate, resignation letter, or physician’s incapacity letter, depending on what triggered the succession.
- The trust has been amended to change trustee powers, add or remove co-trustees, or change the trust’s name.
- A revocable trust becomes irrevocable, usually at the grantor’s death. The new certification should show the trust’s irrevocable status and the newly issued EIN.
Updating follows the same process as the original: draft a new certification, have all current trustees sign before a notary, and submit it to BMO. Do not wait until you need a transaction. A gap between the change and the updated paperwork can lock you out of trust accounts at exactly the wrong moment.p>
Consequences of False Statements
A certification of trust is a legal declaration. Knowingly misrepresenting the trust’s terms, your authority, or the identity of the trust’s participants carries real consequences.
At the federal level, knowingly making a false statement to a federally insured financial institution is a crime under 18 U.S.C. § 1014, punishable by up to 30 years in federal prison and a fine of up to $1,000,000.4Office of the Law Revision Counsel. 18 USC 1014 – Loan and Credit Applications Generally; Renewals and Discounts; Crop Insurance The statute is broadly written and reaches the representations in a certification of trust.
On the civil side, state trust codes protect third parties who rely on a certification in good faith. If BMO acts on your certification and the facts turn out to be wrong, the bank is not liable. You are. A person who transacted based on the certification can enforce the transaction against the trust property as if the representations were correct, and the trustee who signed the inaccurate document bears the loss.
Honest mistakes caught during review are a different matter. When compliance spots a discrepancy and asks you to correct it, that is the system working as designed.
Does the Trust Itself Have To File With FinCEN
Trustees sometimes ask whether the trust needs to file a separate beneficial ownership report. As of 2025, FinCEN revised its rules under the Corporate Transparency Act so that domestic entities, including trusts formed in the United States, are exempt from beneficial ownership information reporting. Only entities formed under foreign law that register to do business in a U.S. state or tribal jurisdiction must file.5Financial Crimes Enforcement Network. Beneficial Ownership Information Reporting A standard domestic living trust does not submit a BOI report, though BMO will still conduct its own due diligence when opening the account.