Requirements for LLCs/Corporations/Trusts

For Entities purchasing, refinancing, or selling property, Brennan Title must be furnished with the following documents for review prior to settlement. Brennan Title Company reserves the right to make additional requirements and/or exceptions upon receipt and review of said documents:

Limited Liability Companies

  • Articles of Organization.
  • Certificate of Good Standing from appropriate jurisdiction where LLC is formed.
  • Operating Agreement and all Amendments.
  • Roster of Members with certification that it is complete and current.
  • In the event that any of the members of the Limited Liability Company is itself an entity, the company reserves the right to require receipt and review of documentation with respect to that organization as well.
  • A resolution from the LLC authorizing the purchase, conveyance and/or encumbrance together with designation of authorized signatories.


Corporations

  • Articles of Incorporation and any other amendments thereto, certified to be true and complete by an officer of said corporation.
  • Bylaws, certified to be true and complete by an officer of said corporation.
  • An appropriate resolution by the Board of Directors authorizing the conveyance and/or encumbrance by the Corporation and authorizing certain specifically identified corporate officers to execute, acknowledge and deliver deeds, mortgages and other documents required for the transaction or the same must be contained in the proposed instrument or instruments to be insured.
  • Incumbency certificate identifying the corporate officers and their signatures.
  • Certificate of Good Standing from the State of Incorporation. In the event that the Corporation is not incorporated under the laws of the state of the property, a Certificate of Authority to transaction business as a Foreign Corporation within the property state should be provided unless ownership of this property is an isolated act of the corporation in that State.
  • Proof, satisfactory to the Company, that the sale or transfer of the subject property is not a sale or transfer of all or substantially all of said corporation’s assets. If this is not the case, further requirements may be necessary.

Limited Partnerships

  • A copy of the recorded Certificate of Limited Partnership.
  • A copy of the Limited Partnership Agreement and any amendments thereto with a certification that the copy furnished is a true copy in its entirety.
  • Evidence that the Limited Partnership is in compliance with the filing laws for Limited Partnerships for the state in which the property is located.
  • A resolution from the Limited Partnership authorizing the purchase, conveyance and/or encumbrance together with designation of authorized signatories.
  • In the event that any of the general partners of the limited partnership is itself an entity, the company reserves the right to require receipt and review of documentation with respect to that organization as well.


Trusts

  • Copy of the Trust document and any amendments thereto.