Exhibit 4.6
CERTIFICATE OF TRUST
The undersigned, the trustees of BAC Capital Trust XII, desiring to form a statutory trust pursuant to Delaware Statutory Trust Act, 12 Del. C. § 3810, hereby certify as follows:
| (a) | The name of the statutory trust being formed hereby (the “Trust”) is “BAC Capital Trust XII.” |
| (b) | The name and business address of the trustee of the Trust which has its principal place of business in the State of Delaware is as follows: |
The Bank of New York (Delaware)
502 White Clay Center, Route 273
Newark, Delaware 19711
| (c) | This Certificate of Trust shall be effective as of the date of filing. |
Dated: March 30, 2005
| /S/ JAMES T. HOUGHTON |
| Name: James T. Houghton |
| Title: Regular Trustee |
| /S/ KAREN A. GOSNELL |
| Name: Karen A. Gosnell |
| Title: Regular Trustee |
| THE BANK OF NEW YORK (DELAWARE), as Delaware Trustee | ||
| By: | /s/ KRISTINE K. GULLO | |
| Name: |
Kristine K. Gullo | |
| Title: |
Assistant Vice President | |