New Hampshire Revised Statutes 293-B:13 – Execution
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I. Each certificate required by this chapter to be delivered for filing to the secretary of state shall be executed in one original and one exact copy in the following manner:
(a) A certificate of trust shall be signed by all of the trustees;
(b) A certificate of amendment, a certificate of correction, a corrected certificate, a certificate of termination or amendment, and a restated certificate of trust shall be signed by at least one of the trustees;
(c) A certificate of cancellation shall be signed by all of the trustees or as otherwise provided in the governing instrument of the New Hampshire investment trust; and
(d) If a New Hampshire investment trust is filing a certificate of merger or consolidation, certificate of conversion, certificate of New Hampshire investment trust domestication, certificate of transfer, certificate of transfer and continuance, or certificate of termination or amendment to any such certificate, than the certificate of merger or consolidation, certificate of conversion, certificate of New Hampshire investment trust domestication, certificate of transfer, certificate of transfer and continuance, or certificate of termination or amendment to any such certificate shall be signed by all of the trustees or as otherwise provided in the governing instrument of the New Hampshire investment trust, or, if the certificate of merger or consolidation, certificate of conversion, certificate of New Hampshire investment trust domestication, certificate of transfer, certificate of transfer and continuance, or certificate of termination or amendment to any such certificate is being filed by another investment entity, than the certificate of merger or consolidation, certificate of conversion, certificate of New Hampshire investment trust domestication, certificate of transfer, certificate of transfer and continuance, or certificate of termination or amendment to any such certificate shall be signed by a person authorized to execute such instrument on behalf of such other investment entity.
II. Unless otherwise provided in the governing instrument of a New Hampshire investment trust, any person may sign any certificate or amendment thereof or enter into a governing instrument or amendment thereof by any agent, including any attorney-in-fact. An authorization, including a power of attorney, to sign any certificate or amendment thereof or to enter into a governing instrument or amendment thereof need not be in writing, need not be sworn to, verified or acknowledged, and need not be filed with the secretary of state, but if in writing, must be retained by the New Hampshire investment trust or a trustee or other person authorized to manage the business and affairs of the New Hampshire investment trust.
III. The execution of a certificate by a trustee constitutes an oath or affirmation, under the penalties of perjury that, to the best of the trustee’s knowledge and belief, the facts stated in the certificate are true.
IV. Documents filed electronically need not be accompanied by an exact or conformed copy, but shall be accompanied by the correct filing fee required by this chapter.
(a) A certificate of trust shall be signed by all of the trustees;
Terms Used In New Hampshire Revised Statutes 293-B:13
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- Continuance: Putting off of a hearing ot trial until a later time.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Governing instrument: means any instrument (whether referred to as a trust agreement, declaration of trust, or otherwise) which creates a New Hampshire investment trust or provides for the governance of the affairs of the New Hampshire investment trust and the conduct of its investment activities. See New Hampshire Revised Statutes 293-B:2
- New Hampshire investment trust: means a "qualified investment company" as defined in N. See New Hampshire Revised Statutes 293-B:2
- Other investment entity: means an out-of-state investment entity which meets the definition of a "qualified investment company" as defined in N. See New Hampshire Revised Statutes 293-B:2
- Person: means a natural person, partnership, limited partnership, limited liability company, trust, statutory trust, estate, association, corporation, government (including a country, state, county or any other governmental subdivision, agency or instrumentality), custodian, nominee or any other individual or entity (or series thereof) in its own or any representative capacity, in each case, whether domestic or foreign. See New Hampshire Revised Statutes 293-B:2
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- sworn: when applied to public officers required by the constitution to take oaths therein prescribed, shall refer to those oaths; when applied to other officers it shall mean sworn to the faithful discharge of the duties of their offices before a justice of the peace, or other person authorized to administer official oaths in such cases. See New Hampshire Revised Statutes 21:25
- Trustee: means the person or persons appointed as a trustee in accordance with the governing instrument of a New Hampshire investment trust to manage the business, investment activity, and affairs of such New Hampshire investment trust, and may include the beneficial owners or any of them. See New Hampshire Revised Statutes 293-B:2
- Trustee: A person or institution holding and administering property in trust.
(b) A certificate of amendment, a certificate of correction, a corrected certificate, a certificate of termination or amendment, and a restated certificate of trust shall be signed by at least one of the trustees;
(c) A certificate of cancellation shall be signed by all of the trustees or as otherwise provided in the governing instrument of the New Hampshire investment trust; and
(d) If a New Hampshire investment trust is filing a certificate of merger or consolidation, certificate of conversion, certificate of New Hampshire investment trust domestication, certificate of transfer, certificate of transfer and continuance, or certificate of termination or amendment to any such certificate, than the certificate of merger or consolidation, certificate of conversion, certificate of New Hampshire investment trust domestication, certificate of transfer, certificate of transfer and continuance, or certificate of termination or amendment to any such certificate shall be signed by all of the trustees or as otherwise provided in the governing instrument of the New Hampshire investment trust, or, if the certificate of merger or consolidation, certificate of conversion, certificate of New Hampshire investment trust domestication, certificate of transfer, certificate of transfer and continuance, or certificate of termination or amendment to any such certificate is being filed by another investment entity, than the certificate of merger or consolidation, certificate of conversion, certificate of New Hampshire investment trust domestication, certificate of transfer, certificate of transfer and continuance, or certificate of termination or amendment to any such certificate shall be signed by a person authorized to execute such instrument on behalf of such other investment entity.
II. Unless otherwise provided in the governing instrument of a New Hampshire investment trust, any person may sign any certificate or amendment thereof or enter into a governing instrument or amendment thereof by any agent, including any attorney-in-fact. An authorization, including a power of attorney, to sign any certificate or amendment thereof or to enter into a governing instrument or amendment thereof need not be in writing, need not be sworn to, verified or acknowledged, and need not be filed with the secretary of state, but if in writing, must be retained by the New Hampshire investment trust or a trustee or other person authorized to manage the business and affairs of the New Hampshire investment trust.
III. The execution of a certificate by a trustee constitutes an oath or affirmation, under the penalties of perjury that, to the best of the trustee’s knowledge and belief, the facts stated in the certificate are true.
IV. Documents filed electronically need not be accompanied by an exact or conformed copy, but shall be accompanied by the correct filing fee required by this chapter.